USCIS (U.S. Citizenship and Immigration Services) announced on July 17, 2026, that it had reached its mandatory cap for the congressionally mandated 85,000 H1-B petitions for fiscal year 2027, which ends on September 30, 2026.  A total of 65,000 filings for foreign nationals with U.S. bachelor’s degrees or foreign equivalent and an additional 20,000 for foreign nationals with U.S. master’s degrees have been selected in this year’s lottery.  For those selected in the lottery in late March 2026, the filings must have been submitted from April 1, 2026, until June 30, 2026.  The next H-1B lottery filing period is expected in March 2027.

Other visa options always remain a possibility for those foreign nationals who missed the H-1B cap filing opportunity, including The NAFTA visa program for Canadians and Mexican nationals, the E3 visa program for Australian nationals, the H1-B1 visa program for Singaporeans and Chileans, the L1 intracompany transferee program and the E1 and E2 treaty trader and investor programs.

The U.S. Department of Homeland Security Rescinds the 2022 Public Charge Rule with Significant Ramifications for U.S. applicants for Adjustment of Status in the United States and through Consular Processing Abroad

USCIS announced that it expects to publish a final rule rescinding the 2022 Public Charge Rule, which would restore a broader interpretation of the public charge ground of inadmissibility for applicants seeking U.S. permanent residence or immigrant visas through consular processing. The “totality of the circumstances” test may consider not only an applicant’s financial resources, but also age, health, family status, education, and the likelihood of applying for means-tested public benefits.  Since these decisions will be subjective tests upon review by consular officials or by USCIS individual immigration examiners, our government will likely be imposing stricter financial support requirements to new visa applicants.

USCIS has also announced it will be revising its Form I-485 – Application to Adjust Status – to align with the new public charge rules.  Form I944 previously served as an addendum to each application to adjust status in the past and was voided in January 2021.  We expect that individual applicants for adjustment of status and those applying for immigrant visas at consular posts will be burdened with additional proof and requirements to evidence they will not be applying for public benefits. There was also discussion of imposing a $100,000.00 bond for applicants for immigrant visas at consular posts to be posted until they became U.S. citizens.

For employment-based immigrants, the impact of this rule might be limited, as employers typically furnish job offers and consideration to a totality of the circumstances will be imposed by consular officials. However, the burdensome documentation requirements will remain for both family-based and employment-sponsored foreign nationals.

USCIS rescinds the Duration of Status for F-1 Foreign Students and J-1 Exchange Visitors

USCIS will be implementing a significant shift in the F-1 and J1 visa programs as of September 15, 2026.

USCIS will end the ‘duration of status’ notation for all F-1 and J-1 foreign students and all applicants for entry in these visa categories will be issued Forms I94 (arrival-departure records) with specific end dates. Since 1952, with the introduction of the Immigration and Nationality Act, foreign students in F-1 status were permitted to remain in  the United States in order to complete academic programs that might last longer than four  years. This will now change dramatically under the regulations.  

USCIS will be limiting programs of study to four  years, limiting changes of program mid-program and not allowing foreign students, specifically, to engage in programs of study at the same level.  Applicants will be required to file extension of stay requests with USCIS directly.  For instance, if one completes a master’s program in one field, they would not be permitted to enroll in another master’s program. Limitations on extensions of stay, generally governed by the foreign student advisor, will now shift to USCIS which will adjudicate decisions on a case-by-case basis.  The limitation and removal of ‘duration of status’ for foreign students and exchange visitors will likely also deter students from applying for graduate programs which would maintain their employment eligibility.  While the rule doesn’t address Curricular Practical Training (CPT) explicitly, it also appears it will terminate the ability of F-1 visa holders from securing a master’s degree at any ‘Day One’ CPT school to allow them to remain working in the United States. 

Further, the rule is expected to confirm that –

• Unlawful presence would accrue automatically once the fixed period expires, exposing F1 and J-1 foreign nationals to three- and 10-year bars from reentry to the United States
• The F1 grace period would drop from 60 to 30 days.
• Changes in programs, limitation on training programs and transferring educational levels will be restricted.

The Brookings Institute maintains that the new F-1 student and J-1 exchange visitor visa regulations will result in damaging U.S. competitiveness in the labor market, as foreign students are strong drivers of the U.S. economy.  See The Brookings Institute article here: What does the new duration of status rule mean for international students and workers? | Brookings. It cites a study from NAFSA: Association of International Educators that international students at U.S. universities contributed $42.9 billion to the U.S. economy and supported 355,736 U.S. jobs in the 2024-25 academic year alone.

U.S. employers would be well advised to review the status of all foreign students working in the United States to determine whether other visa options are viable and whether foreign students, interns and trainees might wish to contemplate further travel, visa application processing at this time.

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If you have any questions or would like to discuss, please reach out to a member of the Tarter Krinsky & Drogin Business & Corporate Immigration Practice.