Policy Updates

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• Policy Updates • 3 min read

White House Clears the Final Rule Making the End of Automatic EAD Extensions Permanent, and USCIS Has Already Rewritten Its Manual

OIRA concluded review of DHS's final rule removing automatic EAD extensions (RIN 1615-AD05) on Sept. 9, 2026, with changes; it has not yet been published, and an Oct. 2 Policy Manual update now describes automatic extensions only for renewals filed before Oct. 30, 2025.

USCIS Employment Authorization H-1B Processing Times
• Policy Updates • 3 min read

Court Halts the End of Duration of Status One Day Before It Took Effect: F-1 and J-1 Holders Keep D/S for Now

On September 14, 2026, a federal judge in Massachusetts granted nationwide preliminary relief postponing the DHS rule that would have replaced duration of status with fixed four-year admission periods for F-1 and J-1 holders. D/S remains in place while the case continues, and a government appeal is expected.

F-1 Duration of Status USCIS OPT
• Policy Updates • 3 min read

DHS Issues the First Rule Implementing E.O. 14418 — Children of Consular and International-Organization Staff Lose Birthright Citizenship

An interim final rule effective September 4, 2026 extends the diplomat exception to a much broader class of 'foreign government employees,' offering their U.S.-born children LPR registration instead of citizenship. A Maryland injunction limits implementation.

Birthright Citizenship USCIS Green Card Policy Updates
• Policy Updates • 3 min read

Treasury Moves to Strip Tax Refunds From H-1B and Other Visa Holders — Comments Close Oct. 5

Treasury and the IRS proposed a rule on Aug. 20 that would deny the refundable portion of the child tax credit, EITC, American opportunity credit and adoption credit to noncitizens who are not PRWORA qualified aliens — a category that excludes H-1B, L-1, F-1 and pending adjustment applicants. The agencies estimate 200,000 to 700,000 taxpayers would be affected.

USCIS H-1B EB-2 Policy Updates

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