Tuesday, November 3, 2026

Immigration Analytics

November 3, 2026

Rules in Play: Immigration Rule Tracker

Every immigration rule we have reported on, with its Federal Register details, deadlines, status and the latest court or agency action. Updated daily.

Comments open 8

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RuleRIN · AgencyPublishedComments closeStatusLatest development
OPT fees for F-1 graduatesWould add new fees tied to Optional Practical Training for F-1 graduates.1653-AB01DHS (ICE/SEVP)Oct 8Nov 9Proposed Our coverage →
Ending the 60-day grace periodWould eliminate the discretionary grace period of up to 60 days that lets H-1B, L-1 and other workers stay after a job ends to find a new employer or change status.1615-AD22DHS (USCIS)Sep 11Nov 10ProposedMore than 25,000 comments filed; the 60 days remain available until a final rule takes effect. Our coverage →
Removing deference to prior USCIS approvalsWould end USCIS deference to earlier approvals, so extension petitions for the same worker and employer get a fresh review.1615-AD26DHS (USCIS)Oct 14Nov 13Proposed Our coverage →
Immigration court records in DOJ crime statisticsWould exempt a Justice Department statistics database that adds immigration court records, linkable by A-number, from parts of the Privacy Act.—DOJ (BJS)Oct 15Nov 16Proposed Our coverage →
Immigration court fraud-complaint recordsWould exempt a new immigration court records system for fraud and unauthorized-practice complaints from Privacy Act rights to see and correct records.—DOJ (EOIR)Oct 15Nov 16Proposed Our coverage →
ACA subsidy eligibility checks for immigrantsWould require marketplace enrollees' eligibility, including immigration status, to be verified before premium subsidies begin.0938-AW03HHS (CMS)Oct 27Nov 27Proposed Our coverage →
IRS premium tax credit limits for immigrantsSpells out how lawfully present immigrants lose premium tax credits for marketplace health coverage under the 2025 tax law.1545-BS15Treasury (IRS)Oct 15Nov 30Proposed Our coverage →
Passenger lists for cross-border trainsWould require trains entering or leaving the U.S. to send CBP passenger and crew information in advance.1651-AB60DHS (CBP)Oct 13Dec 14Proposed Our coverage →

Blocked or vacated by courts 3

RuleRIN · AgencyPublishedComments closeStatusLatest development
Refugee termination notice cut from 30 to 10 daysCuts the time refugees have to respond to a notice of intent to terminate their status from 30 days to 10.1615-AD23DHS (USCIS)Oct 14Nov 13Blocked by courtEffective Oct 14Court pause ends Nov 6Judge Julia Kobick (D. Mass.) paused the rule on Oct. 27 through Nov. 6 while the case moves to a full hearing. Our coverage →
Ending duration of status for F, J and I visa holdersWould replace open-ended duration of status for students, exchange visitors and foreign media with fixed admission periods and an extension process.1653-AA95DHS (ICE)Jul 17—Blocked by courtEffective Sep 15Blocked by a federal judge the day before it was to take effect; DHS has appealed to the First Circuit. Our coverage →
2024 administrative closure ruleRestored immigration judges' power to administratively close cases, taking them off the active docket without deciding them.1125-AB18DOJ (EOIR)May 29, 2024—Vacated by courtEffective Jul 29, 2024A Texas federal court vacated the rule; the Supreme Court refused to revive it on Oct. 27, and the appeal continues in the Fifth Circuit. Our coverage →

At White House review 2

Sent to the Office of Information and Regulatory Affairs; not yet published.

RuleRIN · AgencyPublishedComments closeStatusLatest development
New premium processing timeframesWould change the processing deadlines USCIS must meet for premium processing.—DHS (USCIS)——At White House reviewProposed rule sent to the White House for review in October. Our coverage →
PERM labor certification overhaulWould rewrite how employers test the U.S. labor market before sponsoring a worker for a green card.—DOL——At White House reviewCleared White House review Oct. 26; publication expected soon. Our coverage →

Awaiting a final rule 3

Comment period over; the agency has not issued a final rule.

RuleRIN · AgencyPublishedComments closeStatusLatest development
Census: counting only citizens and green card holders for House seatsWould count only U.S. citizens and lawful permanent residents in the population used to divide House seats after the 2030 census.0607-AA75Census BureauOct 5Nov 2ProposedComment deadline extended from Oct. 13 to Nov. 2. Our coverage →
$103,265 fee on every H-1B cap petitionWould charge a $103,265 fee at filing for every H-1B cap-subject petition, including advanced-degree cap petitions, on top of all other fees.1615-AD20DHS (USCIS)Aug 25Sep 24Comments closedComments closed Sept. 24; awaiting a final rule. Our coverage →
Higher prevailing wages for H-1B and PERMWould raise the prevailing wage levels employers must pay H-1B workers and offer in PERM labor certifications.1205-AC30DOLMar 27May 26Comments closedAwaiting a final rule. Our coverage →

In effect 10

Final and interim final rules now in force.

RuleRIN · AgencyPublishedComments closeStatusLatest development
CDC foreign quarantine ruleExpands CDC authority to restrict or set conditions on the entry of travelers to prevent the spread of communicable diseases.0920-AA88HHS (CDC)May 27Jun 26Interim finalEffective May 22Ebola entry attestation starts Nov 3CDC's Ebola attestation order under the rule starts Nov. 3 and now covers airline crews. Our coverage →
H-2A farmworker wage (AEWR) methodSets how the minimum wage for H-2A farmworkers, the adverse effect wage rate, is calculated.1205-AC24DOLOct 2, 2025Dec 1, 2025Interim finalEffective Oct 2, 2025Court deadline to replace Dec 30A federal court in California ordered DOL to replace the methodology by Dec. 30; back pay remains unresolved. Our coverage →
Failure-to-depart fines and civil penaltiesSets procedures for ICE and CBP to impose civil fines, including for failing to depart after a removal order.1125-AB36DHS / DOJOct 14—In effectEffective Oct 14DHS ratified fines issued under the 2025 interim rule. Our coverage →
End of automatic EAD extensionsEnds the automatic extension of expiring work permits while renewals are pending, for renewals filed on or after Oct. 30, 2025.1615-AD05DHS (USCIS)Oct 14—In effectEffective Oct 14Final rule adopted the October 2025 interim rule without change. Our coverage →
Public charge ruleChanges how DHS decides whether a green card applicant is likely to become a public charge.1615-AD06DHS (USCIS)Jul 20—In effectEffective Sep 18 Our coverage →
$4,500 fee on H-1B and L-1 petitionsImposes the $4,500 9-11 Response and Biometric Entry-Exit fee on H-1B and L-1 petitions from covered employers, including extensions.1651-AB48DHS (CBP)Aug 10—In effectEffective Sep 9USCIS issued fee guidance for L-1 petitions on Oct. 27. Our coverage →
Mandatory online filing with USCISRequires most USCIS forms to be filed online, with limited hardship waivers.1615-AD19DHS (USCIS)Aug 11Oct 13Interim finalEffective Aug 11Comments closed Oct. 13; USCIS published Form I-936 for hardship waivers. Our coverage →
Visa bond programLets consular officers require bonds from certain B-1/B-2 visa applicants.1400-AG33StateAug 3—In effectEffective Aug 3The pilot that began in August 2025 became a standing program. Our coverage →
Asylum referrals without interviewLets asylum officers refer certain affirmative asylum cases to immigration court without an interview.1615-AD18DHS (USCIS)Jul 28—Interim finalEffective Jul 28 Our coverage →
$750 expedited visa interview feeAdds a $750 fee for an expedited visa interview option for B-1/B-2 applicants at select consulates.1400-AG13StateJun 9Jul 9In effectEffective Jul 1 Our coverage →

Archive 5

Rules in force for more than six months, or withdrawn.

RuleRIN · AgencyPublishedComments closeStatusLatest development
BIA appeal proceduresChanges procedures for appeals to the Board of Immigration Appeals.1125-AB37DOJ (EOIR)Feb 6Apr 8Interim finalEffective Mar 9 Our coverage →
Premium processing fee increaseRaises USCIS premium processing fees for inflation.—DHS (USCIS)Jan 12—In effectEffective Mar 1 Our coverage →
Wage-weighted H-1B lotteryReplaces the random H-1B lottery with a selection weighted toward higher wage levels.1615-AD01DHS (USCIS)Dec 29, 2025—In effectEffective Feb 27 Our coverage →
R-1 religious worker changesChanges how long R-1 religious workers can stay and eases the requirement to spend a year abroad before returning.1615-AD02DHS (USCIS)Jan 16Mar 17Interim finalEffective Jan 16 Our coverage →
H-1B modernization ruleUpdated H-1B specialty occupation rules, cap-gap protection for F-1 students and other program changes.1615-AC70DHS (USCIS)Dec 18, 2024—In effectEffective Jan 17, 2025 Our coverage →

Compiled from Federal Register documents and our reporting. Rule names link to the Federal Register. Check the official documents before relying on any date.