DOS ordered to reinstate 2027 Diversity Green Card Lottery
A federal judge in San Diego ordered the DOS to reopen the diversity visa (Green Card) lottery for 2027 after the Trump Administration failed to open the program’s registration period on time. The government’s failure to reopen the period culminated in a de facto cancellation of the program, prohibiting people from around the world from applying for permanent residence in the United States.
The diversity visa lottery allows up to 55,000 people around the world to apply for permanent residence, a program which the Trump Administration has openly expressed its opposition to.
The Judge’s order granting preliminary injunction mandates that Secretary of State Marco Rubio publicly announce the registration period for the diversity visa lottery by midnight on October 29, 2026, and DOS must open the program by midnight on November 1, 2026 for a period of 30 days.
Read the first order here and the second order modifying the dates here.
DHS proposed a Rule to remove deference to prior USCIS determinations of eligibility for I-129 petitions
On October 13, 2026, DHS issued a Notice of Proposed Rulemaking entitled, “Removing Deference to Prior USCIS Determinations of Eligibility.” DHS and USCIS propose to remove 8 CFR 214.1(c)(5), which provides generally that USCIS will defer to a prior approval involving the same parties and underlying facts with regards to an extension of stay for a Form I-129.
In justification of its proposal, DHS stated that the Department “believes that this change would better align DHS regulations and USCIS adjudicatory practice with the agency’s longstanding interpretation of the Immigration and Nationality Act… which places the burden of proof in establishing eligibility for all immigration benefits on the petitioner.” Further, DHS stated that it believes the Rule “would promote more complete adjudications, strengthen program integrity in the adjudication of nonimmigrant worker benefits, reduce the risk of perpetuating erroneous approvals, and support the Administration’s broader efforts to better protect U.S. workers and more faithfully enforce the immigration laws enacted by Congress.”
Read the notice of proposed rulemaking here. Comments will be on or before November 13, 2026 and must be submitted via the Federal eRulemaking Portal and identify Docket No. USCIS-2026-0529.
DHS proposed a regulation to amend USCIS premium processing timeframes
On October 13, 2026, the Office of Management and Budget in the Executive Office of the President received a Proposed Rule by DHS which would amend USCIS Premium Processing timeframes, entitled “Amending the Premium Processing Timeframe.” After review by the Office of Management and Business, the proposed rule will be published in the Federal Register for comments from the public.
Currently, premium processing timeframes range from 15 to 45 business days, depending on the type of immigration benefit being requested. Specifics of the proposal will not be known until publication in the Federal Register, though some immigration scholars speculate that USCIS could seek to lengthen existing premium processing timeframes.
See the pending status of the proposed rule here and read this article to learn more.
Temporary Protected Status for Ukraine and Sudan expected to continue
Temporary Protected Status (TPS) for Ukraine and Sudan were set to expire on October 19, 2026, which would have left thousands of Ukrainian and Sudanese immigrants without protection from deportation and work authorization. According to federal data, as of March 2025, there were more than 100,000 Ukrainians and 1,790 Sudanese nationals enrolled in the program.
In a statement to CNN, a spokesperson from the Department of Homeland Security said that announcements on TPS for Ukraine and Sudan “will be made at the appropriate time.” Until then, TPS holders from Ukraine and Sudan retain protection and will receive automatic extensions of their EADs.
Read our previous post about a similar situation with TPS for El Salvador 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 November 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: No change
EB-2: No change
EB-3: No change
Other Workers:
China, India, and Philippines: no change
All Other and Mexico: advanced 1 month
EB-5: No change
See the November 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).
DHS published Final Rule ending the automatic extension of work authorization for certain classes of noncitizens
Last year, on October 30, 2025, DHS published an Interim Final Rule (IFR) amending its regulations to end automatic extensions of the validity of employment authorization documents (EADs) for noncitizens who timely filed applications to renew their EADs in certain employment authorization categories. The Final Rule went into effect on October 14, 2026. Affected workers, including adjustment of status applicants and H-4 spouses, may be required to stop working if their current work authorization expires before USCIS approves the renewal.
DHS stated that ending automatic EAD extensions “enhances benefit integrity and prioritizes the proper vetting and screening of aliens before granting a new period of employment authorization and/or a new EAD.”
The IFR effectively ended the practice of automatically extending periods for employment authorization and/or EAD validity for up to 540 days for renewal applications filed on or after October 30, 2025. Under the Rule, an EAD renewal applicant’s work authorization expires and will not be resumed until USCIS approves their EAD renewal application, unless the noncitizen has work authorization incident to their status. The Final Rule does not impact the validity of EADs that were automatically extended prior to October 30, 2025.
Read the Final Rule here. Learn more about the Final Rule here.
District Court in Virginia upholds in-state tuition program for undocumented students
On October 5, 2026, a federal judge in the Eastern District of Virginia dismissed the Department of Justice (DOJ)’s lawsuit challenging two Virginia laws that the Department claimed impermissibly provided undocumented students with in-state tuition.
The DOJ challenged two Virginia programs, “Domicile Pathway” and “Tuition Equity Pathway,” which provide in-state tuition rates at Virginia’s state colleges. The DOJ argues that the programs are preempted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). DOJ had argued that IIRIRA restricts states from making preferential postsecondary education benefits, such as in-state tuition, available to undocumented students, unless a U.S. citizen or national is eligible for such a benefit regardless of whether they are a resident of that state.
In his memorandum opinion granting the Commonwealth of Virginia’s motion for summary judgment, Judge Robert E. Payne upheld the programs, explaining that neither can be preempted by IIRIRA because the Domicile Pathway does not in fact provide tuition benefits to undocumented students, and because the Tuition Equity Pathway is not based on residence. Alternatively, Judge Payne notes that the Tuition Equity Pathway is not preempted because non-resident citizens also receive in-state tuition. The DOJ is expected to appeal.
Read the Opinion here. Read our previous post about the lawsuit here.
DOJ challenges University of Delaware’s in-state tuition policy
On October 1, 2026, the Department of Justice sued the University of Delaware, seeking to challenge its policy of granting in-state tuition rates to residents of Delaware regardless of their immigration status, continuing the series of similar lawsuits initiated by the DOJ challenging in-state tuition policies.
The complaint alleges that the university’s policy which provides reduced tuition to individuals who are not lawfully present in the United States while denying the same reduced tuition to U.S. citizens who do not reside in Delaware violates the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the Supremacy Clause of the U.S. Constitution. DOJ argues that IIRIRA restricts states from making preferential postsecondary education benefits, such as in-state tuition, available to undocumented students, unless a U.S. citizen or national is eligible for such a benefit regardless of whether they are a resident of that state.
Accordingly, the Department seeks to enjoin the university from enforcing its policy and from adopting similar tuition policies that would provide preferential treatment to undocumented students rather than U.S. citizens.
This is the Department’s 26th action challenging similar policies providing in-state tuition to undocumented students across various states. Read our previous posts about similar lawsuits here.
DHS proposes Rule requiring universities to pay $70,000 and $30,000 fees for OPT
On October 7, 2026, the Department of Homeland Security issued a Notice of Proposed Rulemaking proposing new fees for Optional Practical Training (OPT). It explains that schools would be required to pay a $70,000 fee for each F-1 student’s initial OPT, and a $30,000 fee for any subsequent OPT (including STEM OPT). Under the Proposed Rule, SEVP-certified schools are required to pay the fee prior to the recommendation of F-1 nonimmigrant students for OPT in the Student and Exchange Visitor Information System (SEVIS) and before F-1 students apply for employment authorization with USCIS.
The Proposed Rule allows universities to decide the source of the fee and permit universities to pass the fee to the student or employer.
DHS cites “combat[ting] fraud, strengthen[ing] the integrity of the immigration system, and protect[ing] U.S. workers” as the purpose of the proposed rule, stating, “With the increased number of F-1 nonimmigrant students being recommended by DSOs for OPT, SEVP has encountered more institutions, DSOs, employers, and F-1 nonimmigrant students engaged in schemes to exploit the current OPT regulations for fraudulent purposes.” The Department’s allegations are based on reports which “indicate that there has been widespread use of OPT as an informal and unlimited employment benefit that has little to or no relationship to an F-1 nonimmigrant student’s program of study.”
Read the proposed rule here. Comments are due on or before November 9, 2026 and must be submitted via the Federal eRulemaking Portal and identify Docket No. ICEB-2026-0100.
Federal changes to noncitizens’ eligibility for Federal Advance Premium Tax Credits and Massachusetts ConnectorCare
Effective January 1, 2027, certain noncitizens will no longer qualify for federal Advance Premium Tax Credits (APTC) or Massachusetts ConnectorCare due to changes in federal law.
Currently, noncitizens qualify for purchasing health or dental plans through the Massachusetts Health Connector and for APTC or ConnectorCare so long as they are lawfully present in the United States. However, starting January 1st, 2027, to be eligible for payment assistance for health coverage like APTC or Connector Care, a noncitizen must be either a lawful permanent resident, a Cuban or Haitian Entrant, or a Compact of Free Association migrant. A noncitizen who is lawfully present but does not meet one of the three criteria will no longer qualify for APTC or ConnectorCare. This includes asylees, refugees, people with TPS, and nonimmigrants such as F-1 students and H-1B workers.
The Health Connector estimates that approximately 35,000 current enrollees may no longer qualify for financial assistance. Noncitizens who are lawfully present will still qualify to purchase a health or dental plan through the Health Connector. Read more about the changes here.