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September 2026 Immigration Alert: 6 Changes That Affect You Right Now | Malik Law PLLC

Posted by Richa Malik | Sep 16, 2026 | 0 Comments

F-1 students lose Duration of Status on September 15. A Navy mom was deported at her own green card interview. H-1B fees may hit $103,265. Visa appointments frozen worldwide. Here is every development, explained plainly.

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Six major U.S. immigration developments landed in September 2026: (1) The End of Duration of Status (D/S) Final Rule took effect September 15, fundamentally changing how F-1 and J-1 students track authorized stay. (2) ICE deported the mother of a U.S. Navy service member after arresting her at her own green card interview. (3) DHS proposed a $103,265 fee for H-1B cap-subject petitions. (4) DHS proposed eliminating the 60-day grace period for laid-off employment-based visa holders. (5) Immigrant visa appointments are frozen at embassies worldwide while consular officers receive public charge retraining. (6) El Salvador TPS expired September 9, leaving thousands of Salvadorans without status protection.

September arrived with six separate immigration developments in the span of two weeks — rule changes, court orders, enforcement incidents, and policy proposals that each carry real consequences for real families. Some of these will affect you directly. All of them are worth understanding.

Below is every story, with exactly what changed, exactly who it affects, and exactly what action — if any — you need to take.

Sept 15
D/S rule effective — F-1 and J-1 status changed
$103K
Proposed new H-1B cap petition fee
75
Countries affected by visa appointment freeze
60 days
Grace period DHS wants to eliminate for laid-off workers
13
Countries where TPS has now been terminated
Sept 9
El Salvador TPS expired — thousands affected

F-1 and J-1 Students Lose Duration of Status.
This Is Not a Drill.

If you are an international student or exchange visitor on an F-1 or J-1 visa, September 15, 2026 is not just another date. It is the day the federal government changed the foundational rule governing how long you are legally authorized to be in the United States.

For decades, F-1 and J-1 holders operated under what is known as "Duration of Status" — abbreviated D/S. Under that system, your authorized stay was tied to your enrollment: as long as you maintained full-time student status and stayed within the terms of your visa, your authorized period of stay continued. There was no fixed date stamped in your passport telling you when to leave.

The End of Duration of Status Final Rule, published in the Federal Register and now in effect, changes that. F-1 and J-1 holders will now be admitted for a specific date-certain period of stay — similar to how B-1/B-2 tourists or H-1B workers are admitted. If you are still in the U.S. after your authorized date without having extended or changed status, you begin accumulating unlawful presence — a serious immigration consequence that can bar you from reentry for three or ten years.

This rule affects every current F-1 and J-1 student, as well as future admissions. If you have recently arrived and had "D/S" stamped in your passport, you need to confirm your new authorized stay date and understand what action, if any, is required before that date passes.

What to do: Contact your Designated School Official (DSO) immediately to confirm your new authorized stay date under the revised rule. If you have travel planned, consult an immigration attorney before leaving the U.S. — re-entry rules under the new system have changed and an exit without understanding them could have unintended consequences.
"The End of D/S is one of the most significant structural changes to student visa status in decades. Students who have never had to track a specific authorized stay date are now in a system that punishes missing that date with unlawful presence accrual." — Immigration attorney commentary, ISSO University of Texas Dallas, September 2026

ICE Deported a Navy Mom
After Her Green Card Interview.

The case that may best illustrate the current enforcement environment in one story: a woman — the mother of a U.S. Navy service member — attended her own USCIS green card interview in good faith and was arrested by ICE agents waiting at or near the USCIS office. She was deported.

This case, reported by Newsweek on September 7, 2026, is not an isolated incident. Immigration attorneys and advocacy organizations have documented a pattern in which ICE agents are stationed near USCIS interview locations — including both adjustment of status interviews and naturalization ceremonies — to apprehend individuals when they voluntarily appear for government appointments.

The strategic logic from ICE's perspective is simple: these are people who have pre-announced their location, their identity, and the exact time they will appear at a specific government building. From the perspective of the people showing up, it represents something more troubling — voluntary compliance with the immigration system being used as the mechanism for their own apprehension.

This does not mean you should skip USCIS interviews. Failure to appear has its own severe consequences, including denial of your application. But it does mean that attending a USCIS interview without understanding your current legal exposure — and without having spoken with an immigration attorney — carries real risk that did not exist in prior years.

What to do: Before attending any USCIS interview, appointment, or hearing, speak with an immigration attorney about your current status and any potential vulnerabilities. Do not assume that having a pending application protects you from enforcement action at or near a USCIS location.

$103,265.
The Proposed H-1B Filing Fee.

On August 24, 2026, the Department of Homeland Security published a proposed rule that, if finalized, would impose a new fee of $103,265 on every H-1B cap-subject petition — including those eligible for the advanced degree exemption for U.S. master's degree holders. This fee would be paid at the time of filing and would apply in addition to all existing H-1B fees that employers already pay.

To put that number in context: the current total of standard H-1B filing fees for most employers runs between $4,000 and $7,000. The proposed new fee would increase that by a factor of roughly fifteen to twenty-five times.

DHS frames this as a measure to offset the cost of H-1B program administration and to deter speculative petitions. Critics — including major technology industry associations and immigration law organizations — have called the proposed fee a de facto ban on H-1B sponsorship for many small and mid-sized employers, and note that it follows the same legal theory as a previously proposed H-1B fee that a federal appeals court declined to revive.

This is a proposed rule, not yet finalized. A public comment period is open. Employers and practitioners should monitor the Federal Register for the comment deadline and final rule timeline.

What to do: If you are an employer who sponsors H-1B workers, or an H-1B professional planning a future petition, consult an immigration attorney now about the status of this proposed rule and alternative visa strategies if the fee is finalized at or near the proposed amount.

The 60-Day Grace Period
May Be Gone for Laid-Off Workers.

Since 2017, employment-based visa holders — including H-1B, L-1, O-1, E-3, and TN workers — have been protected by a 60-day grace period after their employment ends. This rule gave workers who are laid off, or who leave a job, two months to find a new sponsoring employer, change to another visa category, or prepare to depart the country without immediately falling out of status.

In September 2026, DHS proposed eliminating this grace period entirely. If finalized, a worker whose employment ends would have no buffer period — they would need to depart the United States or have an approved change of status before their employment ends, with no grace window.

The practical impact is significant. In a volatile technology and finance job market where layoffs can come with little or no notice, eliminating the grace period would leave workers in an immediate status emergency from the moment they receive a termination notice. Finding a new employer willing to file an H-1B transfer petition, having that petition filed, and having it approved — all within zero days — is, for most workers, not achievable.

What to do: If you are on an employment-based visa, speak with an immigration attorney now about what your options would be in a layoff scenario under the proposed rule. Understand whether a change of status to a different visa category — or other strategic planning — makes sense given your circumstances.

Visa Interviews Are Frozen
Worldwide. Here Is Why.

A federal judge in Manhattan struck down the State Department policy that had suspended immigrant visa processing for nationals of 75 countries, ruling it exceeded the Secretary of State's statutory authority and violated the immigration law's prohibition on nationality-based discrimination in immigrant visa issuance. That was the good news.

Within days of that ruling, the State Department paused immigrant visa appointments at U.S. embassies and consulates worldwide — citing the need to train consular officers on updated public charge guidance before resuming interviews. Processing has partially resumed at select posts, including Hungary and Poland, but a global pause otherwise remains in effect at most locations.

This means that even applicants from countries not on the original 75-country list are experiencing delays as global consular capacity is disrupted. The September 2026 Visa Bulletin delivered major advances in family-based categories — particularly F1, F2B, F3, and F4 — but those advances are of limited practical value while interview appointments cannot be scheduled.

What to do: If you or a family member is waiting for an immigrant visa interview at a U.S. embassy or consulate abroad, monitor the State Department's individual post pages for updates. Contact your immigration attorney to understand whether your specific post has resumed appointments and what alternative actions, if any, are available in the interim.

El Salvador TPS Expired.
Thirteen Countries, and Counting.

Temporary Protected Status for El Salvador expired on September 9, 2026. TPS has now been terminated in thirteen countries total, a significant expansion of terminations that has removed the last layer of immigration protection for tens of thousands of individuals who had lived, worked, and raised families in the United States — in some cases for decades.

For Salvadoran TPS holders, the expiration means that the employment authorization that came with TPS status has also ended — or is in the process of ending as automatic extension periods wind down. USCIS updated its guidance on July 7, 2026 to reflect reduced or eliminated automatic extension periods for qualifying TPS applicants and beneficiaries with TPS-based EADs.

For individuals who held TPS from El Salvador and have no other immigration status, this is an urgent situation. Some may be eligible for other forms of relief — asylum, cancellation of removal, U visas for crime victims, family-based petitions — that should be evaluated by an immigration attorney immediately, before any enforcement encounter makes the path to relief more complicated.

What to do: If you held El Salvador TPS, do not assume your situation is resolved or that no action is needed. Contact an immigration attorney to evaluate whether any other form of relief may be available. If your EAD was TPS-based, confirm its current validity and what renewal options, if any, remain open.

In a landscape this volatile, here is what every immigrant family should do right now.

  1. If you are on F-1 or J-1 status, contact your DSO today and confirm your authorized stay date under the new End of D/S rule before September 15 passes without action.
  2. Before attending any USCIS interview or appointment, speak with an immigration attorney about your current status and potential exposure at or near that location.
  3. If you are on an employment-based visa, understand your layoff scenario options now — before a termination notice arrives with no grace period to act on.
  4. If you are waiting for an immigrant visa interview abroad, monitor your specific embassy or consulate for resumption notices and maintain contact with your immigration attorney.
  5. If your TPS status — for El Salvador or any other country — has expired or is expiring, have an attorney evaluate other potential forms of relief immediately.
  6. Keep physical copies of all immigration documents — EADs, I-797 approval notices, USCIS receipt notices — on your person or easily accessible. Database errors are common and a paper trail is your first line of defense in any enforcement encounter.

Questions we are hearing from clients right now.

What exactly changed for F-1 students on September 15, 2026?
The End of Duration of Status Final Rule replaced the open-ended D/S system with date-certain authorized stay periods for F-1 and J-1 visa holders. Instead of being authorized to remain as long as you maintain student status, you now have a specific date after which your authorized stay ends. Staying past that date without an extension or change of status begins accruing unlawful presence, which can trigger three- or ten-year bars to reentry. Contact your DSO and an immigration attorney to confirm your specific authorized stay date and any action required.
Should I still go to my USCIS interview given what happened to the Navy mom?
Skipping a USCIS interview carries its own serious consequences — including denial of your application and potential adverse findings. The right approach is not to miss the interview, but to go prepared and informed. Before your interview, speak with an immigration attorney who can assess your specific status and any vulnerabilities, accompany you if possible, and ensure you know your rights if an enforcement encounter occurs at or near the USCIS location.
Is the $103,265 H-1B fee already in effect?
No — as of September 16, 2026, the $103,265 H-1B cap-subject fee is a proposed rule, not yet finalized. It was published as a notice of proposed rulemaking on August 24, 2026. A public comment period is open. The fee does not apply to current or near-term H-1B filings until and unless a final rule is published and takes effect. Monitor the Federal Register and work with an immigration attorney to track the timeline.
Is the 60-day grace period for H-1B workers already eliminated?
No — as of September 16, 2026, the 60-day grace period elimination is also a proposed rule, not yet in effect. The grace period currently remains in place for H-1B, L-1, O-1, E-3, and TN workers who lose employment. However, given the current regulatory environment, employment-based visa holders should discuss contingency planning with an immigration attorney now rather than waiting for a final rule.
My El Salvador TPS expired. What are my options?
Possible avenues depend on your individual circumstances and require a detailed legal evaluation — but options that may be worth exploring include: asylum or withholding of removal if you fear persecution in El Salvador; cancellation of removal for non-lawful permanent residents if you have ten years of continuous presence and qualify; U visas if you have been a crime victim; family-based petitions if you have a qualifying U.S. citizen or permanent resident family member; and special immigrant juvenile status if applicable. The time to explore these options is before an enforcement encounter, not after. Contact an immigration attorney as soon as possible.
Are U.S. consulates worldwide resuming immigrant visa interviews?
Partially. Following both a federal court ruling striking down the 75-country visa suspension and the State Department's subsequent global pause for consular officer retraining, processing is resuming at some posts — Hungary and Poland have been reported among the first. Most posts worldwide remain paused for immigrant visa appointments as of September 16, 2026. Check your specific embassy or consulate's website for current scheduling status and work with your immigration attorney to monitor developments in your specific case.

Any of these stories concern you? Let's talk.

 
Legal Disclaimer: This article reflects publicly reported immigration developments as of September 16, 2026, and is provided for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Immigration law and USCIS/DHS policy change frequently; verify current rules with a licensed immigration attorney before taking action. Malik Law PLLC — attorney advertising where applicable.

About the Author

Richa  Malik
Richa Malik

Attorney Richa Malik is the founder of Malik Law, PLLC, and is an immigrant to the United States herself. Richa was born in the state of Rajasthan, India. She grew up in India and earned her BA in English literature and her Bachelor of Law (LLB) from Maharaja Ganga Singh University. She then ea...

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