USCIS updates definition of “day” for purposes of filing deadlines, effective October 23, 2026
On September 23, 2026, USCIS issued a policy alert (PA-2026-15) which updates the Policy Manual to “clarify how USCIS applies the regulatory definition of ‘day’ to filing deadlines,” effective October 23, 2026.
Policy highlights from the policy alert:
When filing deadlines are defined by statute, regulation, or form instructions in terms of days (such as when a Notice of Intent to Deny states that the applicant or petitioner has x number of days to respond), USCIS applies the regulatory definition of day. If the deadline falls on a Saturday, Sunday, or federal holiday, USCIS considers the filing timely if it is received by the end of the next business day.
USCIS does not apply the regulatory definition of day for purposes of other deadlines that are not computed in a period of days, but rather by a substantive eligibility requirement, such as a person’s birthday.
To learn more, read the policy alert here.
State Department expands screening and vetting for visa applicants, effective October 1, 2026
On September 18, 2026, the Department of State announced that, effective October 1, 2026, DOS will expand its online presence review to include the following nonimmigrant visa classifications: I (foreign media representatives), TN, and TD (USMCA professionals and their dependents). To comply with the vetting process, all applicants for these visas are instructed to set their online profiles to "public" or "open."
This announcement expands the online vetting of applications that already is in effect with regards to other nonimmigrant visa categories, notably F-1, J-1, and H-1B, among others.
To learn more about which nonimmigrant visa categories are subject to the online screening protocols, read this article on the Department of State website.
Trump Administration declines to terminate TPS for El Salvador, effectively extending the program for six months
Temporary Protected Status for El Salvador was set to expire on September 9, 2026, which would leave approximately 170,000 Salvadorans without work authorization and protection from removal, according to the American Immigration Council. However, September 9th came and went, and the Trump Administration failed to render a decision, leaving the fate of Salvadorans on TPS in limbo.
According to the Immigration and Nationality Act, at least 60 days prior to the end of the initial or extended period of designation, the Secretary of the Department of Homeland Security is required to review the conditions of the designated country and decide whether to renew or terminate TPS. Once the Secretary makes their decision, they must publish a formal notice of the decision on a timely basis. If the Secretary makes no decision, then TPS is essentially extended for a period of at least six months.
However, the Trump Administration has not followed any of these steps: the only comment made on the status of TPS is posted on the USCIS El Salvador TPS website, which states "ALERT: An announcement on El Salvador’s TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection including work authorization."
The Trump Administration’s refusal to terminate TPS for El Salvador is particularly poignant given the history of the TPS program. Congress created the TPS framework in 1990 to provide relief to Salvadorans specifically, as El Salvador was in the middle of a civil war fraught with extreme human rights abuses, and the United States did not want to send immigrants back to a country in this condition. Over the past 18 months, the Trump Administration has consistently terminated TPS for citizens of other countries that are also experiencing extreme inhumane conditions, and yet the Trump Administration did not do so here. To learn more about the unfolding situation regarding TPS for El Salvador, read this article by the American Immigration Council.
New Public Charge Rule: September 2026 Update
On September 18th, the Department of Homeland Security's Final Rule changing the Department's policy on how to determine whether a foreign national is likely to become a "public charge" went into effect. Under the new Rule, one is determined to be a "public charge" when they are dependent upon certain social safety net programs, which generally makes them ineligible for Permanent Residency.
The new Rule provides DHS officers with broadened discretion in adjudicating Adjustment of Status applications, allowing them to consider a vast array of additional considerations to determine if an applicant is likely to become a public charge. USCIS's Policy Manual directs officers to look at information and evidence including "any showing that the alien has in the past received or is currently receiving any means-tested public benefits, if such benefits were received on or after September 18, 2026." In addition, "officers will consider any evidence in the record pertaining to whether the alien has applied for any means-tested public benefits and/or whether the alien has been approved or certified to receive any means-tested public benefits on or after September 18, 2026."
See a summary of the Policy Alert here. See our previous post explaining the new public charge rule here.
USCIS opens new international field office in Ethiopia to “support fraud prevention”
On September 3, USCIS announced that it will be opening a new international field office in Addis Ababa, Ethiopia. The office began operations on September 9th and is set to handle all USCIS matters in Ethiopia.
Assignments at the Addis Ababa field office will include verifying the authenticity of foreign documents, leading investigations of suspected fraud, and collecting DNA to verify claimed family relationships. USCIS explains that historically, these functions were completed with the support of the Department of State. The new Addis Ababa office will "provide USCIS with a dedicated presence to perform these critical workloads directly," an action which is " part of a broader effort to better align USCIS’ overseas operations with agency priorities and strengthen the agency’s overseas operational capacity."
Find more information about the Addis Ababa field office here.
Undocumented children’s right to public education is facing threats
Since 1982, it has been established law that undocumented children have a constitutional right to K-12 public education under Plyler v. Doe. However, in recent years, 11 states have introduced more than 15 bills challenging that right. The “bills range from requiring schools to collect and report immigration status information to requiring families to pay tuition fees or outright denying enrollment to students who cannot provide proof of legal status,” according to the American Immigration Council.
So far, these efforts to limit undocumented children’s access to education have failed.
To read more about Plyler and challenges to undocumented children’s right to public education, see here.
Visa Bulletin update
The Department of State publishes a monthly Visa Bulletin which operates as the “waiting list” for green cards (immigrant visas), with an individual’s Priority Date serving as their place in line. The Bulletin identifies all immigrant visa “preference” categories and indicates whether a backlog exists for that category. When a backlog exists, an individual in that category may not apply for a green card (or “adjust status”) until their Priority Date becomes “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin. The Bulletin lists family-based (“FB-”) preference categories and employment-based (“EB-") preference categories. These categories are further separated into two charts: the Final Action Dates chart and the Dates for Filing chart. The Final Action Dates chart indicates whether an individual can expect USCIS to make a decision on their application soon, whereas the Dates for Filing chart, if USCIS chooses to use it that month, indicates whether an individual may file their adjustment application and receive the benefits associated with having a green card application pending with USCIS.
In October 2026, USCIS will be using the Dates for Filing chart for both the family-based preference categories and the employment-based categories.
This month, there was movement throughout the employment-based Dates for Filing chart:
EB-1:
China and India: advanced 7 months
All Other, Mexico, Philippines: no change
EB-2:
China: advanced 1 year
India: no change
All Other, Mexico, Philippines: retrogressed 6 and a half months
EB-3:
China: advanced 2 years, 2 months, and 24 days
India and Philippines: no change
All Other and Mexico: retrogressed 2 years and 2 months
Other Workers:
All Other, Mexico, Philippines: retrogressed 2 months
China: advanced 1 year
India: no change
EB-5:
China: advanced 4 years
All Other, Mexico, Philippines, India: no change
See the October 2026 Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
New Executive Order instructs USCIS to consider recent petitioner layoffs when adjudicating H-1B petitions and calls for interagency coordination to ensure compliance with H-1B program
On September 18, 2026, President Trump issued an Executive Order entitled "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program."
The Executive Order calls for interagency coordination when processing petitions, labor condition applications, and H-1B visas among the Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security, who are instructed to "coordinate and consult with the Secretary of Commerce, the Secretary of Education, and the Administrator of the Small Business Administration to ensure the compliance of such petitions, applications, and visas with statutory requirements..."
Among other things, the Executive Order also calls for the Secretary of State, Secretary of Labor, and Secretary of Homeland Security to consider "whether the employer sponsor directly or indirectly engaged in layoffs within the previous year or plans future layoffs that negatively affect the employment of similarly situated United States workers."
To learn more, read the Fact Sheet from the White House here and this article from Bloomberg Law.
$103,265 cap petition filing fee proposal: September 2026 update
On August 25, 2026, DHS published a Proposed Rule that would create a new $103,265 filing fee for cap-subject H-1B petitions. Read our previous post summarizing the Proposed Rule here.
The comment period for the Proposed Rule officially closed on September 24, 2026. It is possible that the Trump Administration could implement this new fee in time for the Fiscal Year 2028-2029 H-1B cap season in Spring 2027. Read the proposed rule here.
Trump Administration extends currently paused $100,000 H-1B tax
On September 18, 2026, President Trump issued a proclamation entitled "Restriction on Entry of Certain Nonimmigrant Workers." This Proclamation effectively extends the original 2025 $100,000 H-1B Proclamation for an additional 12 months, until September 21, 2027. Read our previous post summarizing the 2025 Proclamation here.
As of July 24, 2026, the $100,000 fee on H-1B petitions has been temporarily barred, according to a preliminary order from the First Circuit Court of Appeals. At this time, it is unclear if the lawsuit for the original Proclamation applies to this extension.
Read our previous post about the First Circuit decision barring the implementation of the $100,000 H-1B fee here.