Most visa applicants expect the consular interview to be routine, particularly if they have been approved before. Then the officer asks new questions, the answers do not satisfy, and the visa is refused. The next question is usually whether the decision can be appealed. In most cases it cannot, and the legal...
Our October 2026 newsletter brings together U.S. and Canadian immigration topics affecting employers, foreign workers, international students, and families. This edition covers H-1B developments, proposed OPT fees, the CPT lawsuit, EB-1A adjudication trends, and the differences between USCIS Requests for Evidence and Notices of Intent to Deny.
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U.S. employers that sponsor skilled foreign workers are watching several changes at once, including the proposed OPT fee and the October 8 announcement that Microsoft, Adobe, and others are suspended from PERM, which we cover separately. Some are asking whether part of a team could work from Canada. Here are the main...
On October 8, 2026, the administration announced that it was suspending Microsoft, Adobe, and other employers from PERM, the labor certification step in many employment-based green card cases. ABC News reports that Vice President Vance said the suspension will last as long as needed. TechCrunch adds that Capgemini, Cognizant, HCL, Infosys, Tata,...
On September 30, 2026, a federal judge in the Northern District of California issued an order in Global Nurse Force v. Trump that stops federal agencies from carrying out the $100,000 H-1B payment requirement. This is the second court to block the policies behind the fee. In July we reported on...
On October 8, 2026, DHS published a proposed rule that would add a fee of $70,000 for a student's initial OPT. It is only a proposal, and we explained it in our earlier post. Even so, some F-1 students and prospective students are now comparing U.S. study with study in Canada....
On October 8, 2026, DHS published a proposed rule in the Federal Register that would attach a fee to Optional Practical Training for F-1 students. The notice proposes $70,000 for a student's initial OPT and $30,000 for any subsequent OPT. This is a proposal, not a rule in effect, and DHS...
A group of higher education organizations went to federal court in Massachusetts on October 5, 2026, to contest the way ICE has narrowed Curricular Practical Training for F-1 students. The groups behind the case are NAFSA, the Association of American Universities, the Presidents' Alliance, and AICUM, which speaks for independent colleges in...
A Request for Evidence and a Notice of Intent to Deny can both show up after you file with USCIS, and at first glance they look alike. They are different notices with different deadlines, and knowing which one you hold is the first step toward a response the officer will accept.
USCIS's own quarterly data tells a striking story about the EB-1A extraordinary ability green card this year. Approval rates have fallen from roughly 66.9% for all of FY 2025 to about 47.5% in the first quarter of FY 2026, then to roughly 41.7% in the second quarter, and down to approximately 32%...
