Several recent and proposed changes to U.S. immigration procedures could have significant practical implications for employers and visa holders. Here are some developments to watch:
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- More USCIS filings may move online: USCIS has finalized an interim final rule, effective August 11, 2026, allowing it to require electronic filing for forms that have been available for online filing for at least 180 days. USCIS will provide at least 60 days’ notice before requiring electronic filing of a particular form. The rule establishes this framework but does not yet mandate e-filing for any specific form.
- The 60-day grace period could be eliminated: DHS has submitted a proposed rule to eliminate the discretionary 60-day grace period currently available to certain E, H-1B, L-1, O-1, and TN workers, among others. The proposal was received by OIRA for review on August 6, 2026, and the proposal language is not yet available. The current grace period remains in effect unless and until a final rule changes it.
- USCIS may deny more cases without an RFE: New USCIS guidance issued August 5 gives officers discretion to deny certain benefit requests without first issuing an RFE or NOID. The guidance reinforces the importance of submitting sufficient evidence to establish eligibility in the initial filing.
- F-1 and J-1 visa holders face greater emphasis on fixed periods of admission: DHS has finalized a rule, effective September 15, 2026, replacing “duration of status” for F-1, J-1, and certain I nonimmigrants with fixed periods of admission. This is another move toward more clearly defined deadlines and affirmative extension filings. USCIS is also rolling out new Forms I-539 and I-765 editions to align with these changes.
- Premium Processing delays remain a concern: Immigration attorneys nationwide are reporting that USCIS’s Premium Processing Service (PPS) cases are experiencing delays. Employers and visa holders should not assume that paying for Premium Processing will necessarily produce the predictable adjudication timeline historically associated with the service.
- Birthright citizenship and birth tourism restrictions continue to evolve: Following the June 30th Supreme Court decision narrowing an earlier executive order, President Trump signed two new orders on August 6, 2026 — Ending Birth Tourism and one continuing to redefine categories of children excluded from birthright citizenship. The orders direct the State Department and DHS to deny visas to travelers suspected of intending to give birth in the U.S. for citizenship purposes, and expand recognized exceptions to birthright citizenship. Legal challenges are expected, and the current scope and enforcement of these orders may change as litigation proceeds.
As always, JSPBC is monitoring this developing news and will provide updates as more information becomes available.
Disclaimer: This information is not intended as legal advice in any specific case. The facts of a specific case may render the information inapplicable.
Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2026
