September 2026 U.S. Immigration Update: F-1 Rules, Public Charge Changes, H-1B Fees and More
Several significant U.S. immigration changes are taking effect this September, while additional proposals affecting employers and foreign nationals continue to move through the rulemaking process.
Changes Taking Effect
What changes for F, J and I visa holders on September 15?
Fixed admission periods: F and J nonimmigrants will generally be admitted for their program period, subject to the maximum period permitted under the rule.
Extensions: Those who need additional time may need to affirmatively apply to USCIS rather than relying solely on an updated Form I-20 or DS-2019.
Transition: Individuals already maintaining D/S on September 15 will not automatically lose status. For many current F and J nonimmigrants in the United States, the transition period generally runs until the earlier of the end of the authorized program or December 31, 2030.
Travel: Departing and reentering after September 15 may result in admission under the new fixed-date system.
F-1 restrictions: New limitations apply to beginning another program at the same or a lower educational level after completing a program.
For students and exchange visitors, the I-94 expiration date and extension timeline will become much more important.
Who must pay the additional $4,000 H-1B or $4,500 L-1 fee?
As of September 9, employers subject to the 50/50 rule must pay additional fees on qualifying H-1B and L-1 petitions. The rule generally applies to employers with at least 50 U.S. employees where more than 50% of the U.S. workforce is in H-1B or L-1 status. Covered employers must pay:
$4,000 for qualifying H-1B petitions; or
$4,500 for qualifying L-1 petitions.
Importantly, these fees now apply to qualifying extensions of status, including same-employer extensions.
How is the public charge rule changing on September 18?
Beginning September 18, DHS will return to a broader totality-of-the-circumstances analysis for applicants subject to the public charge ground of inadmissibility.
USCIS may consider factors such as age, health, family status, financial resources, education and skills, and certain public benefits. Public charge does not apply to every green card applicant, and certain categories remain exempt.
The change also comes with a new 09/18/26 edition of Form I-485. Applications postmarked or electronically submitted on or after September 18 must use the new edition, with no grace period for older editions.
What changed with Form I-864?
USCIS introduced the new 08/24/26 edition of Form I-864, Affidavit of Support, on August 31. The prior 10/17/24 edition remains acceptable through September 30. Beginning October 1, only the new edition will be accepted.
One notable change is an authorization allowing USCIS to request information from consumer reporting agencies when assessing a sponsor's financial information.
Proposed Immigration Changes
Proposed $103,265 Fee for Cap-Subject H-1B Petitions
DHS has proposed a $103,265 additional fee for cap-subject H-1B petitions, including petitions under the advanced-degree exemption. The fee would be in addition to existing H-1B filing fees and would not apply to every H-1B petition.
Public comments are due September 24, 2026, at 11:59 p.m. ET under DHS Docket No. USCIS-2026-0298. Public comment: https://www.regulations.gov/docket/USCIS-2026-0298
Proposed Elimination of the 60-Day Grace Period
DHS has proposed eliminating the 60-day grace period for certain nonimmigrant workers, including those in H-1B, L-1, O-1, E and TN status, after employment ends.
For now, the 60-day grace period remains in effect. The proposal is open for public comment under DHS Docket No. USCIS-2026-0364. Public comment: https://www.regulations.gov/docket/USCIS-2026-0364
JLG will continue to monitor these developments and provide updates as the proposed rules move forward.
If you have questions about how these changes may affect your specific case, immigration status or business, schedule a one-on-one consultation with our team.
