Policy changes, on the record

The Department of Homeland Security (DHS) proposes to remove regulations at 8 CFR 214.1(l)(2) to restore its previous and long- standing policy of not providing aliens in certain nonimmigrant classifications (and their dependents) with an up to 60-day grace period upon cessation of employment prior to the expiration of the alien's authorized period of stay. This proposal restores a direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status in the United States and reduces administrative burden.

Dates, as published: Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 10, 2026. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day.

Action

Notice of proposed rulemaking.

Citation

91 FR 57807

Document

2026-18631

Read it on the Federal Register PDF Comment on regulations.gov

The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).

Dates, as published: Submission of Public Comments: Written comments must be submitted on or before September 24, 2026. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day.

Action

Notice of proposed rulemaking.

Citation

91 FR 54817

Document

2026-17324

Read it on the Federal Register PDF Comment on regulations.gov Correction of Sep 10, 2026

The U.S. Department of Labor (DOL or the Department) is removing the requirement that States use State merit staff to provide Wagner-Peyser Employment Service (ES) services. This final rule allows States to use the staffing model that provides the required services with the most efficient and cost-effective model for their State.

Dates, as published: This final rule is effective on October 19, 2026.

Action

Final rule.

Citation

91 FR 54024

Document

2026-16982

Read it on the Federal Register PDF

This interim final rule (IFR) amends U.S. Department of Homeland Security (DHS) regulations to provide: USCIS may require mandatory electronic filing (e-filing) of certain benefit requests; the process USCIS will follow to require a benefit request to be e-filed; and how a waiver of the e-filing requirement for those individuals unable to file electronically may be requested. This rule is intended to increase digital intake and processing to move USCIS and requestors from a mostly paper process to an electronic process and further enhance the integrity of the immigration system and the security of the United States.

Dates, as published: This IFR is effective August 11, 2026.

Action

Interim final rule (IFR) with request for comments.

Citation

91 FR 51924

Document

2026-16313

Read it on the Federal Register PDF Comment on regulations.gov

The Department of Homeland Security (DHS) is making non- substantive technical revisions to its immigration bond regulation to remove form numbers and legacy job titles from its provisions. It also makes other non-substantive revisions to this regulation to improve the clarity of the CFR. This action is editorial in nature and does not impose any new regulatory requirements on affected parties.

Dates, as published: This rule is effective on August 6, 2026.

Action

Final rule; technical amendment.

Citation

91 FR 51359

Document

2026-16252

Read it on the Federal Register PDF

The Department of Homeland Security (DHS) is amending the regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 Visas (9-11 Biometric Fee). The regulatory changes correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies, which includes extension of status petitions that do not involve a change of employer. The 9-11 Biometric Fee continues to apply unchanged to petitions seeking an initial grant of status. The changes also help DHS comply with its congressional mandate to implement a biometric entry-exit system.

Dates, as published: This rule is effective on September 9, 2026.

Action

Final rule.

Citation

91 FR 51360

Document

2026-16231

Read it on the Federal Register PDF

The Employment and Training Administration (ETA) of the Department of Labor (DOL) is issuing this notice to announce updates to the Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services in non-range occupations. AEWRs are the minimum wage rates that must be offered, advertised in recruitment, and paid by employers to H-2A workers and workers in corresponding employment to ensure that the wages and working conditions of workers in the United States similarly employed are not adversely affected.

Dates, as published: These rates are effective August 3, 2026. However, for entities and states subject to the court order in Kansas et al. v. U.S. Dep't of Labor (749 F. Supp. 3d 1363 (S.D. Ga. 2024)), these rates are effective August 17, 2026.

Action

Notice.

Citation

91 FR 48946

Document

2026-15673

Read it on the Federal Register PDF

The Department of State's (Department's) Bureau of Educational and Cultural Affairs administers the Exchange Visitor Program, as set forth at 22 CFR part 62, wherein exchange visitors on educational and cultural exchange programs travel to the United States in the J visa category. The Department tracks the status and geographic location of exchange visitors through the Student and Exchange Visitor Information System (SEVIS), a database administered by the Department of Homeland Security. This Notice of Proposed Rulemaking (Proposed Rule) seeks to clarify the conditions under which a sponsor must terminate an exchange visitor's program and authorizes the Department, in its discretion, to terminate an exchange visitor's program in limited circumstances; modifies Extension of Program and Reinstatement to valid program status in their entirety by eliminating outdated requirements and introducing updated procedures that make use of current SEVIS functionality; amends Definitions to include definitions for "Unauthorized Employment" and "Valid Program Status"; and rescinds the separate extension of program provision for au pairs.

Dates, as published: The Department of State will accept comments from the public for 60 days from July 30, 2026.

Action

Proposed rule with request for comment.

Citation

91 FR 48021

Document

2026-15450

Read it on the Federal Register PDF

The Department of Homeland Security (DHS) is amending its regulations to permit U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications to the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) without interview. USCIS still offers an interview prior to a grant or denial of asylum. DHS is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of the alien's credibility.

Dates, as published: Effective date: This interim final rule (IFR) is effective July 28, 2026.

Action

Interim final rule with request for comments.

Citation

91 FR 47101

Document

2026-15190

Read it on the Federal Register PDF

DHS is rescinding the 2022 public charge ground of inadmissibility regulations ("2022 Final Rule"). The 2022 Final Rule was not the best implementation of the statute. It was inconsistent with congressional intent, unduly restrictive, and hampered DHS's ability to make accurate, precise, and reliable determinations of whether certain aliens are likely at any time to become a public charge. Rescission restores broader discretion for DHS officers to evaluate all pertinent facts and aligns with long-standing policy that aliens in the United States should be self-reliant and government benefits should not incentivize immigration. This rule also revises the breach and cancellation of public charge bonds regulations.

Dates, as published: The final rule is effective on September 18, 2026. This rule applies to applications for admission made on or after September 18, 2026 or applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026. Receipt of means-tested public benefits before September 18, 2026 will be considered consistently with the 2022 Final Rule.

Action

Final rule.

Citation

91 FR 45324

Document

2026-14539

Read it on the Federal Register PDF

The Department of Homeland Security (DHS) is amending its regulations to change the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period, and additional changes to admission and extension requirements. This final rule will provide additional protections and oversight of these nonimmigrant categories and will allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States. This final rule provides amendments to the proposed rule covering this topic that was published in the Federal Register on August 28, 2025.

Dates, as published: This rule has been classified as a major rule subject to congressional review. The effective date is September 15, 2026. However, at the conclusion of the congressional review, if the effective date has been changed, DHS will publish a document in the Federal Register to establish the actual effective date or to terminate the rule.

Action

Final rule.

Citation

91 FR 44976

Document

2026-14439

Read it on the Federal Register PDF

This proposed rule would implement the EB-5 Reform and Integrity Act of 2022 (RIA), which the President signed on March 15, 2022. The RIA substantially reforms and adds significant integrity provisions to the employment-based, fifth preference (EB-5) visa category for alien investors and the associated Regional Center Program. In general, under the EB-5 program, aliens are eligible to apply for lawful permanent resident status in the United States if they make the necessary investment in a new commercial enterprise in the United States and create 10 permanent full-time jobs for qualified U.S. workers.

Dates, as published: Submission of Public Comments: Written comments must be submitted on or before August 31, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day.

Action

Notice of proposed rulemaking.

Citation

91 FR 40676

Document

2026-13392

Read it on the Federal Register PDF

On March 12, 2025, DHS issued an interim final rule (IFR) with request for comments amending DHS regulations to designate a new registration form for aliens to comply with statutory alien registration and fingerprinting provisions. Unregistered aliens may use this general registration form to satisfy their statutory obligations. This final rule responds to public comments, amends DHS regulations to adjust the lists of forms and processes that may serve as registration forms and evidence of alien registration, and seeks comments on other potential changes to the regulations relating to alien registration and fingerprinting.

Dates, as published: This final rule is effective on June 29, 2026.

Action

Final rule with request for comments.

Citation

91 FR 39248

Document

2026-13057

Read it on the Federal Register PDF

The Department of Homeland Security (DHS) proposes to adjust the fees that U.S. Citizenship and Immigration Services (USCIS) charges for Form N-400, and Form N-336, to end both the reduced fee option for Form N-400, and the availability of fee waivers for both forms. Current and former armed forces service members would remain exempt from paying the fees when filing for naturalization under statutes for members of the armed forces. The proposed rule is intended to align these fees with the relative costs to adjudicate these forms.

Dates, as published: Submission of Public Comments: Written comments must be submitted on or before August 24, 2026. The electronic Federal Docket Management System will accept comments prior to midnight ET at the end of that day.

Action

Notice of proposed rulemaking.

Citation

91 FR 37500

Document

2026-12542

Read it on the Federal Register PDF

The Department of Homeland Security proposes to limit and clarify eligibility for discretionary employment authorization for aliens paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who are temporarily released from custody on an order of supervision. DHS further proposes to specify that aliens applying for employment authorization who admit to committing, have been arrested for, or have been convicted of certain criminal acts do not warrant a favorable exercise of discretion unless there are significant countervailing public interests, which may include assisting law enforcement activity in the United States.

Dates, as published: Submission of Public Comments: Written comments must be submitted on or before August 4, 2026. Comments on the information collection described in the "Paperwork Reduction Act" section of this proposed rule must be received on or before August 4, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day.

Action

Notice of proposed rulemaking.

Citation

91 FR 34352

Document

2026-11285

Read it on the Federal Register PDF

DHS is proposing to update the fee required by section 100016 of the Budget Reconciliation Act (known as the HR-1). This fee applies to certain aliens ordered removed in absentia who fail to depart the United States and are subsequently arrested by ICE. DHS is proposing to increase the fee from $5,130 to $18,000. This rule also makes clear that DHS will adjust this fee for inflation each year.

Dates, as published: Comments must be received on or before June 22, 2026.

Action

Notice of proposed rulemaking (NPRM).

Citation

91 FR 29380

Document

2026-10082

Read it on the Federal Register PDF

The Department of Homeland Security (DHS) is amending its regulations governing the submission of benefit requests to provide that if U.S. Citizenship and Immigration Services (USCIS) accepts a benefit request and determines later that it lacks a valid signature, USCIS may, in its discretion, reject or deny the request. This interim final rule (IFR or rule) will clarify USCIS procedures relating to the rejection or denial of benefit requests that do not meet regulatory requirements to ensure better enforcement of signature requirements.

Dates, as published: Effective Date: This interim final rule is effective on July 10, 2026.

Action

Interim final rule; request for comments.

Citation

91 FR 25479

Document

2026-09289

Read it on the Federal Register PDF

The Employment and Training Administration (ETA) of the Department of Labor (DOL) is issuing this notice to announce the annual updates to allowable monetary charges employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge workers when the employer provides three meals per day. This notice also announces the minimum and maximum amount of travel-related subsistence reimbursements required under the H-2A and H-2B programs. Finally, this notice includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence and reasonable travel costs to and from the worksite.

Dates, as published: These allowable charges become effective April 7, 2026.

Action

Notice.

Citation

91 FR 17664

Document

2026-06694

Read it on the Federal Register PDF

The Department of Labor (DOL or the Department) is issuing this Notice of Proposed Rulemaking (NPRM) to solicit comments and public input regarding its proposal to revise Employment and Training Administration (ETA) regulations governing the prevailing wages for employment opportunities that United States (U.S.) employers seek to fill with alien workers on a permanent or temporary basis through certain EB-2 and EB-3 employment-based immigrant visas via the Permanent Labor Certification (PERM) program or through H-1B, H-1B1, or E-3 nonimmigrant visas. Specifically, DOL is proposing to amend its regulations governing the PERM program and Labor Condition Applications (LCAs) to incorporate changes to the computation of wage levels under the Department's four-tiered prevailing wage structure based on the Occupational Employment and Wage Statistics (OEWS) wage survey administered by the Department's Bureau of Labor Statistics (BLS). These proposed revisions aim to better align prevailing wage levels with the wages paid to U.S. workers who are similarly employed in the occupation and area of intended employment. The Department's proposed revisions also seek to strengthen program integrity by reducing the incentive for employers to use these programs to replace, rather than supplement, U.S. workers by employing lower-paid alien workers. In addition, the revision would enable the Department to more effectively ensure that the employment of immigrant and nonimmigrant workers admitted or otherwise provided one of the covered statuses does not adversely affect the wages and working conditions of U.S. workers.

Dates, as published: Interested persons are invited to submit written comments on this proposed rule on or before May 26, 2026.

Action

Notice of proposed rulemaking (NPRM).

Citation

91 FR 15454

Document

2026-06017

Read it on the Federal Register PDF

The Department of Homeland Security (DHS or the Department), U.S. Citizenship and Immigration Services (USCIS) is issuing this document to inform the public of the approval of a new credentialing organization, The Evaluation Company, for certain health care workers for immigration purposes.

Dates, as published: USCIS approved the application from The Evaluation Company on March 27, 2026.

Action

Notice.

Citation

91 FR 14865

Document

2026-05942

Read it on the Federal Register PDF

The Department of Labor's (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension to the information collection request (ICR) titled "Application for Prevailing Wage Determination," and related information collection and retention requirements (OMB Control Number 1205-0508), which covers Forms ETA-9141, Application for Prevailing Wage Determination; Form ETA-9141, General Instructions; Form ETA-9141, Appendix A, Request for Additional Worksite(s); Form ETA 9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey; and Form ETA-9165, General Instructions. This action seeks to extend the forms without changes. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).

Dates, as published: Consideration will be given to all written comments received by May 26, 2026.

Action

Notice; request for comments.

Citation

91 FR 14042

Document

2026-05683

Read it on the Federal Register PDF

The U.S. Department of Homeland Security (DHS) proposes to modify regulations governing applications for asylum and withholding of removal (asylum applications) and employment authorization based on a pending asylum application. The proposed rule would change filing and eligibility requirements for aliens requesting employment authorization and an employment authorization document (EAD) based on a pending asylum application. The changes include pausing acceptance of EAD applications from asylum applicants during periods when affirmative asylum average processing time exceeds 180 days, extending the waiting period to apply for employment authorization to 365 days, changing EAD application processing time requirements, and adding eligibility requirements.

Dates, as published: Comments on this proposed rule, including the proposed information collections, must be received on or before April 24, 2026. The electronic Federal Docket Management System will accept comments prior to midnight Eastern time at the end of that day.

Action

Notice of proposed rulemaking.

Citation

91 FR 8616

Document

2026-03595

Read it on the Federal Register PDF

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2026) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

Read it on DOL's page

As part of the Office of Foreign Labor Certification's (OFLC) efforts to increase public engagement, OFLC's National Prevailing Wage Center will host a two-hour webinar on Thursday, August 20, 2026. The presentation will provide general filing tips and trends for the H-2B Prevailing Wage Determination process.

Read it on DOL's page

The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar providing technical assistance and helpful tips for using surveys to complete an Application for Prevailing Wage Determination (Form ETA-9141) for the Permanent and Labor Condition Application programs. The webinar will educate employers, attorneys, and agents on key survey concepts, format and structure, and calculating the prevailing wage.

Read it on DOL's page

The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar providing technical assistance and helpful tips for preparing an Application for Prevailing Wage Determination (Form ETA-9141) for the permanent and labor condition application programs. The webinar will cover Occupational Employment and Wage Statistics (OEWS) prevailing wage requests. Employers, attorneys, and agents will receive guidance on best practices for completing and submitting Form ETA-9141, as well as an overview of the most common post-filing issues encountered by filers.

Read it on DOL's page

The Office of Foreign Labor Certification has published the latest prevailing wage data from the Occupational Employment and Wage Statistics (OEWS) as generated by the Bureau of Labor Statistics for the new wage year from July 2026 through June 2027. These wages are effective on July 1, 2026. Prevailing wage determinations issued from the National Prevailing Wage Center reflect the 2018 SOC codes.

Read it on DOL's page

The Office of Foreign Labor Certification (OFLC) received the 2026 Commonwealth of Northern Mariana Islands (CNMI) Prevailing Wage Study survey from the Governor of the CNMI for the CW-1 program. OFLC has approved the 2026 CNMI Prevailing Wage Study survey for 408 occupations and will issue updated CW-1 prevailing wages using this data from July 1, 2026 through June 30, 2027. The updated wage table includes prevailing wage data for a total of 848 occupations.

Read it on DOL's page

On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification (OFLC) was updating Appendix A to the Preamble–Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations. Appendix A is a list of professional occupations that serves as a guide for employers to distinguish between professional and non-professional occupations in order to comply with the professional recruitment requirements of the PERM program. The ...

Read it on DOL's page

The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2026) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.

Read it on DOL's page