United States: Work Visas

For employers and F-1 employees transitioning to cap-subject H-1B status, October 1 is no longer the definitive deadline. With expanded cap-gap periods and varying petition statuses, HR departments must understand when H-1B status actually begins, how work authorization continues during pending petitions, and what compliance steps are required. This practical guide clarifies the critical differences between approved and pending H-1B cases and provides actionable steps for managing the F-1 to H-1B transition

The U.S. Department of Homeland Security has proposed a substantial $103,000 fee for cap-subject H-1B visa petitions, potentially creating significant financial barriers for employers, particularly small businesses. Meanwhile, the Department of State has paused immigrant visa processing across 75 countries for consular officer training, following a federal court decision that vacated the Administration's previous suspension of immigrant visa issuance.

U.S. Citizenship and Immigration Services has begun issuing Requests for Evidence on H-2B visa petitions to examine past criminal matters involving foreign national workers, even for minor or old offenses. This emerging trend is leading to additional scrutiny, delays, and biometrics appointments that employers must be prepared to navigate.

The September 2026 Visa Bulletin reveals critical changes for EB-5 investors, particularly those from India, as unreserved visa numbers become unavailable for the remainder of FY2026. While set-aside categories remain current across all countries, the bulletin warns of potential further retrogression and highlights the importance of understanding how country of chargeability and investment category selection impact visa availability and processing timelines.

Navigating the family reunification process for married couples can be complex, involving multiple government agencies and strict documentation requirements. Understanding the differences between CR1 and IR1 visas, the role of Form I-130, and the economic sponsorship obligations is essential for couples seeking to build their lives together in the United States.

Beginning September 15, F-1 students will transition from Duration of Status to fixed admission periods, while September 18 brings a broader public charge analysis for green card applications. A proposed $103,265 H-1B fee remains under review, with comments due September 24, as employers navigate multiple simultaneous changes to U.S. immigration procedures.

The Department of Homeland Security (DHS) is expected to publish a proposed rule on Aug. 25, 2026, in the Federal Register that would impose a new $103,265 fee on all cap subject H-1B visa petitions. This new proposal would be in addition to existing H-1B filing fees

Attorney Keith Pabian examines the upcoming Summer 2027 H-2B visa petition filing season, addressing the critical preparation steps employers must take starting in mid-September. With the H-2B program facing continued challenges and increasing competition, understanding the potential obstacles and strategic planning requirements will be essential for employers seeking seasonal workers for Spring and Summer 2027.

On August 25, 2026, the Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register that would impose a new $103,265 H-1B fee on every H-1B cap-subject petition.