Where U.S. Employment Immigration Stands: An October 2026 Guide for HR and Mobility Teams

Employees want to know whether a new immigration announcement affects their job. Hiring managers want to know whether a candidate can still be sponsored. HR and mobility teams need to answer both while policies and court decisions keep changing.

As of October 13, 2026. This guide covers current requirements, blocked measures, and proposed changes since January 2025 that affect hiring, current employees, and green-card sponsorship. Each section states who is affected and whether the change applies today.

F-1 CPT: Narrower guidance applies now, and a court challenge is pending

What changed: August 2026 guidance narrowed the government's interpretation of qualifying Curricular Practical Training (CPT). It takes the position that the training must be required for all students in the relevant curriculum, affecting elective internships that previously supported CPT.

Does it apply now? Yes, as agency guidance that schools are implementing. Higher-education organizations sued on October 5 and asked the court to pause it. The request remains pending.

• Current employees: Ask the employee to obtain written confirmation from the school's designated school official (DSO) that their current CPT authorization remains valid for their job with your company and approved dates in light of the August guidance. HR or mobility can also coordinate directly with the DSO with the employee's permission. Keep the confirmation with the CPT records and check the endorsement on Form I-20. Escalate any uncertainty to immigration counsel before taking employment action.
• Future hires: Ask the candidate to obtain CPT authorization from the school's DSO for the internship with your company. Before confirming a start date, review the CPT endorsement on Form I-20 to check that it names your company and covers the planned work dates.

F-1 OPT and STEM OPT: A $70,000 fee is proposed but not in effect

What changed: DHS proposed requiring schools to pay $70,000 for a student's first OPT recommendation covered by the new rule, including a first covered STEM OPT recommendation. Later recommendations would cost $30,000 once the initial fee has been paid. Initial OPT followed by a STEM extension could therefore total $100,000. Schools could pass these costs to students or employers.

Does it apply now? No. Public comments are open until November 9, 2026. DHS has not adopted the fees or announced a start date. It proposes starting them 60 days after publishing the adopted rule, based on the school's OPT or STEM OPT recommendation date. January 2027 is not a confirmed implementation date. See the OPT fee proposal.

• Current employees: For an employee approaching a STEM OPT extension, ask them to confirm the expected DSO recommendation date and whether the school has issued guidance on the proposed fee. If the school says the fee would prevent the extension, ask counsel what other work authorization could be obtained before the employee's current authorization expires.
• Future hires: If you are hiring someone to start OPT or STEM OPT in January 2027, check when their school expects to issue the OPT or STEM OPT recommendation. If the fee takes effect before that recommendation, the school would need to pay before the student could proceed. Ask the candidate to confirm with the DSO how the school would handle that requirement, and have counsel review alternatives if it could delay or prevent the planned start.

Duration of status: The four-year admission limit is postponed by a court

What changed: DHS finalized a rule on July 17, 2026 replacing duration-of-status admissions with fixed periods, generally capped at four years for F-1 students. Students needing longer would have to request an extension from USCIS.

Does it apply now? No. A September 14 court order postponed the rule nationwide after finding that the legal challenge was likely to succeed. The new four-year admission limit is not in effect. Further court proceedings could change that protection. See the duration-of-status court order.

H-1B: One payment is blocked, one fee is proposed, and one is in effect

$100,000 payment: Blocked

The payment was announced September 19, 2025 and took effect September 21. It covered certain new petitions for employees abroad, including cases outside the annual H-1B cap. Existing valid H-1B visa holders and eligible changes of status or extensions approved inside the U.S. were excluded. Some employers paid it. See the original proclamation.

The implementing policies were vacated June 8, 2026; the appeals court denied a continued pause on July 24. A September 18 proclamation extended the policy through September 21, 2027, but a September 30 court order blocked both proclamations. The government cannot require this payment for new filings today. See the appeals order, the 2027 extension, and the September court order.

$103,265 petition fee: Proposed

This would apply to petitions counted toward the annual H-1B cap, including OPT or STEM OPT employees moving to H-1B inside the U.S. Ordinary extensions and transfers for workers already counted would be excluded. Comments closed September 24, 2026. The fee is not required today, and no implementation date has been announced. See the proposal.

State attorneys general, the Chamber, and AILA with the American Immigration Council have filed objections, but their letters do not announce a lawsuit filing date. See the state objections, Chamber comments, and AILA and Council comments.

$4,000 extension fee: In effect

Since September 9, 2026, employers with at least 50 U.S. employees and more than half in combined H-1B or L-1 status owe this additional fee on same-employer H-1B extensions. If an extension quote predates September 9, have counsel update it. See the rule.

Higher required wages: Proposed

DOL's March 27 proposal would raise wage minimums for H-1B, H-1B1, E-3, and PERM cases. Comments closed May 26. No implementation date has been announced. This proposal requires no salary increase today, and existing wage obligations still apply. DOL must publish the adopted requirements and start date first. As proposed, previously approved wage and labor filings would remain protected; pending and new filings could be affected, including an H-1B extension requiring a new filing. See the proposal and transition rules and current status.

Employer review of layoffs

A September 18, 2026 executive order directs agencies to consider recent and planned layoffs affecting comparable U.S. workers in H-1B decisions. Before filing, give counsel the dates, job titles, and locations of layoffs within the past year and any planned layoffs relevant to the role. See the executive order.

H-4 and other EADs: Automatic extensions have ended for most renewals

What changed: On October 13, DHS released a final rule ending the general automatic extension of Employment Authorization Documents (EADs) during renewal processing. It adopts the October 2025 interim rule without changes and is scheduled to take effect upon publication on October 14. See the final rule advance copy.

Status: Restrictions already apply to covered renewals filed since October 30, 2025. Today's announcement finalizes that policy. Covered renewals no longer receive the previous extension of up to 540 days. For H-4 spouses and employees relying on a green-card application EAD, filing a renewal alone does not authorize work after the card expires. Other affected categories include asylum applicants, certain Temporary Protected Status (TPS) workers, and qualifying survivors of abuse under VAWA. H-4 status alone does not authorize employment. See the affected categories and rule.

Court status: A September 10, 2026 preliminary injunction protected seven named H-4 plaintiffs from the interim rule. That order did not restore automatic extensions nationwide. See the court order.

Exceptions that still apply

• A timely filed STEM OPT extension application can extend work authorization for up to 180 days. See the STEM OPT rule.
• A TPS extension may apply if a government notice covers the employee.
• Refugees, asylees, and qualifying E and L spouses can remain authorized to work through their status even when their EAD expires. See the status-based authorization and TPS exceptions.

Shorter work-permit validity

New and renewal EAD approvals for employees with pending green-card applications now have a maximum validity of 18 months, reduced from five years, so HR should use each new card's expiration date to update renewal reminders. See the USCIS validity policy.

• Current employees: For an employee with an EAD approaching expiration, give counsel the card's category, expiration date, and renewal receipt date. Include the I-94 expiration date for H-4 employees. Have counsel confirm whether an extension or another work authorization applies, then update HR's deadline to recheck work authorization. Confirm the earliest permitted renewal filing date for cases not yet filed, and involve counsel before any employment action.
• Future hires: If a candidate's EAD expires before the proposed start date, have counsel confirm whether an approved renewal, applicable extension, or another basis of work authorization will cover that date before confirming the start.

Could H-4 work permits end altogether?

DHS has listed that intention on its long-term regulatory agenda. It has not published the proposed change or set an implementation date. Eligible H-4 spouses can still apply for and renew EADs under current requirements. See the DHS regulatory agenda.

TN Canada and Mexico: Clarified eligibility guidance and expanded visa screening

What changed: USCIS's June 2025 guidance clarified employment, education, licensure, and occupation-specific eligibility requirements. DOS also expanded online-presence screening to TN and TD visa applicants on October 1, 2026.

Does it apply now? Yes. The USCIS guidance and consular screening requirements apply now. Canadian citizens generally can seek TN admission without first obtaining a visa; Mexican citizens require a TN visa. The screening announcement concerns consular visa applicants. See the USCIS TN guidance, the DOS screening update, and the Canadian and Mexican application routes.

• Current employees: For a renewal involving changed duties, send counsel the updated job description before filing. If the employee needs a TN visa appointment abroad, ask them to confirm the appointment location and date and follow DOS's public social-media instructions before the appointment.
• Future hires: Send counsel the proposed job description and the candidate's degrees and required licenses. Ask which listed TN profession supports the case. For a Mexican candidate who needs a visa, obtain the appointment date before confirming the hiring schedule; a Canadian candidate generally uses a different admission process.

L-1A and L-1B: Same-employer extensions can carry an extra $4,500

Who is affected: Employers with 50 or more U.S. employees and more than 50% of those employees in H-1B, L-1A, or L-1B status combined.

What applies now: Since September 9, 2026, these employers owe an additional $4,500 on L-1A and L-1B extensions, including extensions with the same employer. Initial L-1 petitions already required this fee; the change adds it to same-employer extensions. See the fee rule.

HR action: Before an L-1 extension is filed, give counsel the employer's U.S. headcount and combined H-1B and L-1 employee count. If both thresholds are met, confirm the filing quote includes the additional $4,500.

O-1: No change

No change.

PERM: Suspensions affect eight employers

What changed: On October 8, 2026, the administration announced PERM suspensions involving Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL, and Capgemini. Separately, DOL is preparing recruitment reforms; the proposed wage increases discussed above would also affect PERM.

Where it stands: The announced suspensions concern these employers' pending and new cases. The employer's notice determines the affected entities, cases, and response options. Other employers should continue under current PERM requirements. See the suspension announcement.

Recruitment changes: Current requirements still apply. DOL sent its draft proposal for White House review on September 14, and that review remains pending. The proposal has not yet been published for public comment. No new recruitment requirements or implementation date have been announced, so employers can continue recruitment under the existing process. See the recruitment proposal status.

HR and mobility action: No additional action is required for companies outside the eight named employers. Continue current PERM processes.

• Future hires: If your company is among the eight named employers, ask counsel whether the suspension covers the entity that would employ the candidate. If it does, tell recruiting that the company cannot currently commit to the usual PERM process for that hire.

EB-2 National Interest Waivers: No change

No change.

EB-1A, EB-1B, and EB-1C: No nationwide change to requirements

No nationwide change to requirements.

Employment ending: The grace period remains, and a proposal would eliminate it

Status: The current grace period remains available. DHS's September 11 proposal would eliminate it for workers including those on H-1B, L-1, O-1, and TN. Public comments close November 10, 2026; no implementation date has been announced. Eligible workers whose employment ends now may still receive a grace period of up to 60 days, or until their authorized stay expires if earlier, at DHS's discretion. See the proposal and the current regulation.

HR and mobility action: Before an employee's job ends through a layoff, termination, or resignation, give counsel the employment end date and I-94 expiration date. Have counsel confirm the applicable immigration deadline and communicate it clearly to the employee.

This article is for informational purposes only and does not constitute legal advice. Consult qualified immigration counsel before making decisions about your sponsored workforce.