DHS Proposes $70,000 Fee for Optional Practical Training
On October 7, 2026, the Department of Homeland Security (DHS) announced a proposed rule that would require U.S. universities to pay a $70,000 fee for each F-1 student’s initial Optional Practical Training (OPT) work authorization and $30,000 for subsequent OPT requests. The proposed fee would apply only to OPT recommendations made after the rule is effective, not retroactively to OPT already approved and in progress. The fee would not be tied to a specific employer. Instead, it would apply when schools recommend an F-1 nonimmigrant student for any type of OPT.
According to the proposed rule, U.S. Citizenship and Immigration Services (USCIS) will not approve OPT work authorization for a student unless the fee has been paid by the school. As proposed, the school’s Designated School Official (DSO) will not be able to recommend OPT authorization in the Student and Exchange Visitor Program system until the OPT fee is paid.
Comments may be submitted through November 9, 2026. Once the rule is finalized, DHS said it would wait 60 days before putting the rule into effect to allow schools, students, and employers to prepare. Legal challenges from higher education groups and business associations are likely. In the meantime, students continue to be eligible to receive up to 12 months of OPT at each education level, and STEM degree holders may be eligible for an additional 24-month extension.
Please read our previous client alert here, and contact us for assistance in submitting a comment before the deadline.
USCIS Publishes Final Rule Ending Automatic EAD Extensions in Certain Work Authorization Categories
On October 14, 2026, U.S. Citizenship and Immigration Services (USCIS) published a final rule, effective the same day, that ends the practice of automatically extending the validity of Employment Authorization Documents (EADs) (Forms I–766) for those who have timely filed an application to renew their EADs in certain work authorization categories.
The final rule adopts the interim final rule’s provisions without changes. Among other things, the final rule:
- Revises the regulations to clearly indicate that the up-to-540-day automatic extension period only applies to renewal EAD applications filed before October 30, 2025.
- Adds a new provision explaining that, unless otherwise provided in the regulations, law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring EAD and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after October 30, 2025.
Does not affect automatic extensions of EADs and/or work authorization otherwise provided by law or Federal Register notice, such as for certain TPS applicants.
November Visa Bulletin Released
The Department of State’s Visa Bulletin for November 2026 includes updated “Final Action Dates” and “Dates for Filing Applications” for employment-based immigrant visas, along with a note on Special Immigrant Visas.
USCIS Proposes to Eliminate Deference to Prior Approvals Involving Same Facts When Adjudicating Extensions
On October 14, 2026, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would eliminate deference to a prior approval involving the same facts when adjudicating a request to extend a petition for employment or stay.
USCIS said that the burden of proving eligibility for all immigration benefits is on the petitioner, applicant, or beneficiary, and that the deletion of the regulation [8 CFR § 214.1(c)(5)] would “strengthen adjudicatory review” and “support agency priorities to improve the integrity of the immigration system and better protect the interests of U.S. workers.”
Comments may be submitted by November 13, 2026, at https://www.regulations.gov/.
Trump Admin Suspends Microsoft and Adobe From PERM Labor Certification Program
At a press conference on H-1B and J-1 visa fraud held on October 8, 2026, Secretary of Labor Keith Sonderling announced the suspension of Microsoft and Adobe from the PERM labor certification program, along with Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini. He said:
We will not accept any new or process any pending permanent labor certification applications involving these companies. Since 2009, just these companies alone have requested almost three million foreign workers. They’ve received over 230,000 H-1B visa approvals and over 100,000 permanent labor certifications.
It was unclear how long the suspension would run. At the same press conference, Vice President J. D. Vance said it “is going to last as long as it needs to.” He said that “we have a number of tools to suspend it indefinitely, but we actually want these companies to change their behavior.” He claimed that “there has been no company in the United States unfortunately that has abused the system more than Microsoft.”
Trump Admin Announces Investigation Into ‘Visa Fraud’ at Top U.S. Universities
At a press conference on H-1B and J-1 visa fraud held on October 8, 2026, Vice President J. D. Vance and Anthony D’Esposito, Inspector General for the Department of Labor, announced “a historic investigation into the J-1 visa fraud involving nine major American universities,” including the University of Pittsburgh, Yale, Harvard, Stanford, Brown, the University of California at Davis, Caltech, Arizona State, and the Massachusetts Institute of Technology (MIT). “Subpoenas have been served, investigations are underway, and nobody will be getting a free pass because their name is carved into an expensive building,” Mr. D’Esposito said.
Among other things, he said, “We will investigate whether foreign influence, improper financial relationships, or visa abuse are compromising federally funded research.” He said the Trump administration is “establishing a visa fraud strike team, bringing together investigative expertise from across government. We will follow the money, uncover the schemes, and work with Attorney General Todd Blanche to prosecute criminals.”
Several of the universities flagged by the Trump administration issued statements after the Trump administration’s announcement. For example, a Brown University spokesperson said, “Brown’s international scholars, students and employees make essential contributions on our campus, including to teaching and research that advances American innovation, competitiveness and economic vitality. We have received a subpoena from the government for various records pertaining to foreign labor programs administered by the U.S. government, and we will respond promptly and directly to the government.” A spokesperson for MIT said the university is reviewing the Labor Department’s “very broad” subpoena. “We value international students and scholars on our campus. America’s ability to attract top talent from around the world while protecting U.S. economic and security interests is a national strength, and that competitive advantage should be supported,” she said.
CBP Proposes to Require Rail Carriers to Transmit Advance Traveler Information When Entering or Leaving the United States
On October 13, 2026, U.S. Customs and Border Protection (CBP) published a proposed rule to require rail carriers to transmit advance electronic traveler information to CBP for any individual (crew or passenger) who is arriving in or departing from the United States on board a train. The rail carrier also would be required to transmit an advance notice of arrival or departure, as applicable, for the train.
Among other things, CBP said that by mandating the transmission of this information in advance, CBP would improve its ability to (1) vet all travelers attempting to cross the U.S. border on board a train, and (2) timely respond to any identified risk or non-compliance with U.S. civil or criminal laws that CBP enforces or administers. CBP also said it “expects that the knowledge that all rail travelers will be vetted in advance would deter travelers planning to use rail travel for illicit purposes.” If CBP’s vetting flags a traveler as having “potential security, immigration, customs, or other law enforcement issues,” the agency “may recommend that the carrier not board the traveler.”
Comments must be received by December 14, 2026, at https://www.regulations.gov/.
Federal Judge Temporarily Blocks Trump Admin Policy of Not Collecting Biometric Info From Detainees With Pending Immigration Applications
On October 7, 2026, a federal judge temporarily blocked the Trump administration’s policy of not collecting the biometric information required to continue processing the immigration applications of people in immigration detention.
The judge noted, among other things, that “the plaintiffs have shown injury from the policy, which acts as a de facto denial of their applications, substantially injuring their ability to obtain the immigration statuses they may be entitled to receive and leading to ongoing detention and the concrete risk of deportation that could not occur under law if their applications are granted. … While it may be true that some plaintiffs could continue to pursue their applications upon deportation, deportation itself is plainly injury in fact. Indeed, in addition to the concrete injury of being removed from the country, the record contains evidence that some plaintiffs face threats to their lives in their home countries.” He also noted that the plaintiffs “have proffered credible evidence that the policy changed the status quo, in which [U.S. Immigration and Customs Enforcement] collected biometric information, generally by taking detained people to their biometrics appointments.”
The judge ordered the Department of Homeland Security to file a status report by October 21, 2026, apprising the court of compliance with the order.
Australia: Updated Character Guidance for Visa Refusals and Cancellations
The government announced on September 17, 2026, that it would update the existing character direction. Direction 123 replaces Direction 110 as the guidance decision-makers use when deciding whether to refuse or cancel a visa on character grounds under section 501 of the Migration Act 1958. It takes effect on October 31, 2026, and applies to decisions made on or after that date, regardless of when the application was lodged or the review began.
The new direction reduces the number of primary considerations from five to four: protection of the Australian community, domestic and family violence, the expectations of the Australian community, and the best interests of minor children in Australia. A person’s ties to Australia, such as length of residence, family relationships, and employment, move from a primary to a secondary consideration. The direction also expands guidance on domestic and family violence and on hate-related conduct and extremism. Direction 123 does not change the statutory character test in section 501.
India/New Zealand: India Trade Deal Opens New Work Visa Pathways
The India-New Zealand Free Trade Agreement entered into force on October 20, 2026. Immigration New Zealand (INZ) has opened two new visa categories for Indian citizens under the agreement: the India Skilled Work Visa and the India Iconic Work Visa. New Zealand committed to the equivalent of 1,667 visas a year, each valid for three years, with no more than 5,000 holders in the country at any one time. Most places go to skilled occupations on INZ’s Green List of roles with skills shortages, and the rest go to occupations considered iconic to India.
Applicants must be Indian citizens with a full-time job offer in an eligible occupation. Visa holders can work in the job, for the employer, and in the location named on their visa for up to three years. New Zealand will also launch a working holiday scheme offering up to 1,000 visas a year to Indian citizens within two years of the agreement taking effect.
The Netherlands: Pilots Softer Enforcement Approach for Sponsor Reporting Lapses
From 1 November 2026, the Dutch Immigration and Naturalisation Service (IND) will test alternatives to warnings and fines for certain record-keeping and notification breaches by recognized sponsors.
Starting 1 November 2026, the IND will trial a more cooperative response to certain administrative lapses by recognized sponsors. For minor reporting failures, such as not notifying a change in where foreign national records are stored, an intra-group transfer to another recognized sponsor, or a contract or study program ending at the same time as the permit, the IND may simply reach out by phone, email or letter, or hold group information sessions. Sponsors that repeat these lapses more than twice a year, or commit other record-keeping or reporting breaches, may be called to an in-person meeting at an IND office. Sponsors unwilling to correct problems will still face standard fines, and serious misconduct such as fraud, abuse or neglect of duty of care remains outside the pilot. The program will run for one year before evaluation. Employers should view it as a chance to strengthen internal compliance processes, not as a relaxation of their obligations.
Singapore: Work Pass Application Process Simplified
Changes to the myMOM Portal, the Ministry of Manpower’s (MOM) online system for work pass applications, took effect on October 29, 2026. When a candidate already holds a Foreign Identification Number (FIN) and has valid passport details on file, the portal now fills in those details automatically. MOM has also reorganized the application form to make it easier to navigate, and plans to extend automatic entry to first-time applicants by reading details from the uploaded passport copy.
Under MOM’s updated travel document requirements, applicants upload only the biodata page of their latest travel document. Amendments/Observation pages are needed only if they show changes to biodata details, such as name or expiry date. Each page must be saved as a single JPG, PNG, or PDF file, in landscape format and the right way up.
Germany: Residence Permit Exemption for Ukraine Arrivals Extended
Germany’s Federal Ministry of the Interior has extended the Ukraine Residence Transition Regulation, effective October 9, 2026. The regulation allows people fleeing the war in Ukraine to stay in Germany for 90 days from first entry without a residence permit while they apply for temporary protection. The exemption now covers entries through December 4, 2027 (previously December 4, 2026), and the regulation remains in force until March 4, 2028.
The exemption applies to Ukrainian nationals and to certain non-Ukrainian nationals who, on February 24, 2022, held international protection or an equivalent national protection status in Ukraine, or lived there lawfully on a permanent residence permit. It does not apply to third-country nationals who held only temporary status in Ukraine, or to people who already have temporary protection in another EU member state.
People entering Germany on or after October 9, 2026, who are subject to military obligations under Ukrainian law can use the exemption only if they show they have complied with or been exempted from those obligations. According to the government’s explanatory memorandum, acceptable proof includes an exit stamp or a record in Ukraine’s Reserv+ app. Those who cannot provide proof must apply for a visa through the regular process.
United Kingdom: Right to Work Checks Extended Beyond Employees
Since October 1, 2026, the Home Office’s Right to Work Scheme has reached beyond direct employees. Under the Border Security, Asylum and Immigration Act 2025, it now also covers individuals engaged under a worker’s contract, individual sub-contractors, and people matched with customers through online matching services. Organizations need to check these individuals’ right to work before they start in order to have a defense against a civil penalty. For the newly covered groups, penalties apply only to engagements that began on or after October 1, and the Home Office has said there is no general grace period.
In some cases, a business further up a chain of contracts, such as a company that subcontracts work it has agreed to deliver to a client, can also face a civil penalty. Depending on the arrangement, a business can protect itself by having written contract terms requiring right to work checks, controls on substitute workers, and identity verification in place before work begins. These requirements apply to contracts entered into on or after October 1. The Home Office’s updated Employer’s guide to right to work checks sets out the details.
Canada: Reshapes Express Entry Scoring to Reward High-Wage Occupations
From 3 November 2026, Canada’s Immigration, Refugees, and Citizenship Canada (IRCC) will introduce a new Express Entry scoring factor that favors Canadian work experience and job offers in high-wage occupations while removing the need for a Labour Market Impact Assessment (LMIA) to support a job offer.
From 3 November 2026, Canada will change how Express Entry candidates earn points for Canadian work experience and job offers. A new Labour Market Integration factor, worth up to 150 points, awards whichever of two scores is higher: points for Canadian work experience, enhanced by up to 70 additional points for at least a year in an occupation whose national median wage is at least 1.3 times the overall average, or up to 100 points for a qualifying job offer in such an occupation. Candidates cannot combine both. A Labour Market Impact Assessment will no longer be required for a job offer, and holding one will bring no scoring advantage, although officers will closely examine whether offers are genuine. Offers outside the high-wage list may still support eligibility for the Federal Skilled Worker and Federal Skilled Trades programs. Invitation rounds will pause for up to two weeks while existing profiles are rescored, so employers should review their candidates’ occupation classifications now.
United States: Coalition Sues Over Adjustment of Status Policies
A coalition of labor unions, faculty associations, an immigrant legal services organization, and six individual green card applicants has sued the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) over two policies that affect adjustment of status applications. The case, American Association of University Professors v. Mullin, was filed on October 5, 2026, in the U.S. District Court for the District of Massachusetts.
The suit challenges a May 21, 2026, policy memorandum that directs officers to treat adjustment of status as extraordinary discretionary relief when consular processing abroad is available to the applicant. It also challenges an August 5, 2026, policy alert that lets officers deny benefit requests, including those already pending, without first issuing a Request for Evidence or Notice of Intent to Deny when required initial evidence is missing or the filing does not establish eligibility. The plaintiffs claim the policies violate the Administrative Procedure Act and the Due Process Clause, and they ask the court to block and vacate both. The court has not ruled, and no order has suspended either policy. The government’s response is due December 7, 2026.
Argentina: Citizenship by Investment Program Announced
On October 2, 2026, Argentina’s Minister of Economy announced a Citizenship by Investment Program that is expected to begin accepting applications in the fourth quarter of 2026. Main applicants can either make a non-refundable contribution of USD $350,000 to the National Treasury or purchase a USD $800,000 government bond created for the program.
A spouse and children may also be included if they document the family relationship and make the contribution set for their category:
- USD $100,000 for a spouse, or for an unmarried child aged 18 to 25 with no children of their own
- USD $25,000 for a child under 18
A main applicant, spouse, and two minor children would pay USD $500,000 in total.
The Agency for Citizenship by Investment Programs will lead the review of each application, with input from bodies including the State Intelligence Secretariat, the Financial Information Unit, and the Ministries of Security and Interior. The review includes checks on identity, the source of funds, financial and criminal background, and immigration history. The agency will send its recommendation to the National Directorate of Migration, which will decide whether to approve each application.
Worldwide: Global Security Patching Disrupts Government Immigration Portals in Several Countries
Governments in several countries have taken websites offline after critical security flaws, identified with the help of artificial intelligence, were disclosed in PHP, a programming language that powers a large share of the world’s websites. Fixes were released on 21 October 2026, but because the weaknesses were already being exploited, many public authorities suspended online services as a precaution while applying updates. Disruptions to government platforms have been reported in the Japan, Canada, France, the Netherlands, and Finland. Where immigration portals are affected, applicants and sponsoring employers may be temporarily unable to file applications, upload documents, pay fees, book appointments or check case status. As patching continues worldwide, further outages are possible. Anyone unable to meet a deadline should keep timestamped screenshots and a record of each failed attempt to help show good faith, and employers with time-sensitive cases should allow extra time and seek advice on contingency options.
FIRM NEWS
New episode of Statutes of Liberty now streaming!
Episode 43: Headline vs. Reality: Proposed OPT Fee and Related University Developments
In this episode, Elise Fialkowski is joined by Ian Wilson to break down the Department of Homeland Security’s (DHS) proposed rule, published October 8, that would impose significant new fees on F-1 students’ OPT. Watch or listen now!
RECENT SPEAKING ENGAGEMENTS
William Stock
On October 6, Bill Stock spoke in a WHYY and The Welcoming Center event in Philadelphia, PA, on a panel titled Exploring Trends: Immigration’s Regional Impact.
H. Ronald Klasko
On October 13, Ron Klasko joined EB5AN for a webinar on The Changing EB-5 Landscape: Rising Fees, Investment Increases, and the Rural Backlog Outlook.
Michele Madera
On October 15, Michele Madera spoke at the 2026 AILA Fall Conference and Webcast event in Atlanta, GA, on a panel titled Metrics that Matter: Using Data to Drive Practice Improvement.
Timothy D’Arduini
On October 15, Tim D’Arduini spoke at the 2026 AILA Fall Conference and Webcast event in Atlanta, GA, on a panel titled Understanding the New Coordinated Enforcement Architecture with FDNS, DOL, and ICE.
Ian Wilson
Ian Wilson spoke at two NAFSA events in October:
- On October 21, Ian spoke at the NAFSA 2026 Region II Conference in Albuquerque, NM, on two panels titled Employment-Based Immigration: Trends and Updates and Beyond OPT: Advising Through H-1B Uncertainty and Emerging Pathways.
- On October 28, Ian spoke at the NAFSA 2026 Region XI Conference in Bretton Woods, NH, on a panel titled Employment-Based Immigration: Trends and Updates.
UPCOMING SPEAKING ENGAGEMENTS
William Stock
On November 4, William Stock will be speaking at the 12th Biennial IBA Global Immigration Conference in London, England on a panel titled North America Immigration Update.
Jessica DeNisi
On November 19, Jessica DeNisi will be joining a Peachtree Group event to discuss what you need to know to be prepared for these upcoming EB-5 deadlines and what happens if you miss them.
Megan Kludt
On November 20, Megan will be speaking at AILA’s Latin America and Caribbean Chapter Annual Conference in La Paz, Bolivia, on a panel called Creative and Practical Tips to Secure an IV or NIV Waiver.
ICYMI: RECENT BLOG POSTS AND ALERTS
When TPS Extensions Become Uncertain: Risks for Workers and Employers
Kevin Vo breaks down how recent TPS expirations have been handled differently and what the inconsistency means for reverification and workforce decisions. Read the article here.
H-1B Tracker: The Latest Changes and Where They Stand
Nick Lowrey and Tim D’Arduini to walk through the H-1B policies proposed, implemented, and challenged in court over the past several months. Read the blog here.
DHS Proposes $70,000 Fee for Optional Practical Training (OPT)
Stacy Shore and Karuna Simbeck explain what the proposed rule would mean for universities, employers, and students, and why legal challenges are expected. Read the article here.
FIRM FEATURE
Ronny Winner! Every month, we recognize members of our staff that have gone above-and-beyond in supporting the work we do at Klasko Immigration Law Partners. This month, we’d like to recognize Gina, a senior legal assistant who consistently brings positivity, kindness, and care to her work. Read the full Instagram post here!
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.
