ClinchLaw Immigration News

USCIS Reaches H-2B Visa Cap for First Half of FY 2027: What Employers and Workers Need to Know

USCIS announced that it has received enough petitions to meet the congressionally mandated H-2B visa cap for the first half of fiscal year 2027, with September 4, 2026 as the final receipt date. Employers in landscaping, hospitality, seafood processing, and other seasonal industries that missed the window will need to explore alternative strategies or wait for the second-half allocation.

September 12, 2026Read article

Latest News

Work Permits

USCIS Mandates New I-539 and I-765 Forms Starting September 15 as Duration of Status Era Ends — No Grace Period for Older Editions

USCIS will publish revised editions of Form I-539 and Form I-765 on September 15, 2026, implementing the final rule replacing Duration of Status with fixed admission periods for F, J, and I nonimmigrants. With no grace period for older form editions and a pending federal lawsuit that has yet to produce a court order blocking the rule, applicants face an urgent compliance deadline.

Sep 12, 20267 min read

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Court Decisions

Historic First: Afghan National Removed from U.S. Through Never-Before-Used Alien Terrorist Removal Court

On September 11, 2026, the Department of Justice announced the first completed deportation through the Alien Terrorist Removal Court, a secretive tribunal created by Congress 30 years ago but never previously used. Nazira Haji Zada, a 47-year-old Afghan lawful permanent resident, was removed after conceding she qualified as an "alien terrorist" for supporting an ISIS-inspired Election Day attack plot.

Sep 12, 20267 min read

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Visa News

DHS Proposes Massive $103,265 H-1B Fee — Public Comment Period Closes September 24

The Department of Homeland Security has proposed a $103,265 fee on every H-1B cap-subject petition — the largest fee ever proposed for an immigration benefit. The proposal follows a federal court's June 2026 ruling striking down the administration's $100,000 proclamation fee, and employers have until September 24, 2026, to submit public comments before the rule moves toward finalization.

Sep 12, 20266 min read

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Green Card

New Public Charge Rule and Revised Form I-485 Take Effect September 18 — Deadline Days Away

DHS's new public charge rule takes effect September 18, 2026, rescinding the 2022 Biden-era regulations and expanding the range of public benefits USCIS officers may weigh in green card decisions. A revised Form I-485 with no grace period also becomes mandatory on the same date, meaning applications filed on the old form will be rejected outright.

Sep 12, 20267 min read

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Work Permits

DHS Publishes Proposed Rule to Eliminate 60-Day Grace Period for H-1B, L-1, O-1, and TN Workers After Job Loss

The Department of Homeland Security has formally published a proposed rule to eliminate the 60-day grace period that allows H-1B, L-1, O-1, TN, and E-category visa holders to remain in the U.S. after losing their jobs. The rule, now open for a 60-day public comment period, could force affected workers to depart the country immediately upon termination if finalized.

Sep 11, 20266 min read

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Court Decisions

Federal Court Vacates USCIS Diversity Visa Hold, Orders Resumption of Green Card Adjudications Before September 30 Deadline

A federal judge in California has temporarily vacated the Trump administration's hold on Diversity Visa processing in Medani v. Trump, ordering USCIS and the State Department to resume adjudicating DV-2026 applications before the fiscal year deadline of September 30, 2026. The ruling certifies three nationwide subclasses and provides classwide relief for tens of thousands of lottery selectees whose green card applications had been frozen since December 2025.

Sep 11, 20266 min read

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Visa News

DHS Proposes Staggering $103,265 Fee for H-1B Cap-Subject Petitions — Public Comment Period Closing September 24

The Department of Homeland Security has proposed a $103,265 fee on all H-1B cap-subject petitions — the largest fee ever proposed for a U.S. immigration benefit. The 30-day public comment period closes September 24, 2026, and employers are urged to submit feedback at regulations.gov before the window shuts.

Sep 11, 20267 min read

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Green Card

New Public Charge Rule and Revised Form I-485 Take Effect September 18 — Hard Cutoff for Green Card Applicants

DHS's final rule rescinding the 2022 Biden-era public charge regulation takes effect September 18, 2026, expanding the benefits USCIS can weigh in green card decisions. A revised Form I-485 becomes mandatory the same day with no grace period, and a new Form I-864 now authorizes USCIS to pull sponsors' credit reports.

Sep 11, 20267 min read

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USCIS Updates

USCIS Mandatory New Forms I-539 and I-765 Take Effect September 15 — No Grace Period for Older Editions

USCIS will require new editions of Form I-539 and Form I-765 beginning September 15, 2026, with zero grace period for older versions. The mandatory form change implements the DHS final rule ending Duration of Status for F, J, and I nonimmigrants, and any application filed with a previous edition on or after September 15 will be rejected outright.

Sep 11, 20267 min read

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Court Decisions

Federal Court Vacates USCIS Hold on Diversity Visa Adjudications, Orders Agency to Resume Processing Before September 30 Deadline

In Medani v. Trump, a federal judge in California temporarily vacated the USCIS policy that froze Diversity Visa adjustment of status applications since December 2025, ordering the agency to resume ordinary adjudication before FY-2026 visa numbers expire on September 30, 2026. The ruling provides classwide relief but leaves applicants racing against a hard statutory deadline.

Sep 10, 20266 min read

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