Department of State Update
Starting October 1, 2026, the Department of State ("DOS") will expand its online presence review to cover applicants in additional nonimmigrant visa classifications including I (foreign media representatives), TN, and TD (NAFTA/USMCA professionals and their dependents). All applicants for I, TN, and TD visas will now be required to set the privacy settings on all of their social media profiles to "public" or "open."
Social media presence review for a number of other nonimmigrant visa categories is already in place and includes applicants for diplomatic and official visas (A-3, C-3, and G-5), students (F-1, M-1, F-2, and M-2), temporary workers and trainees (H-1B, H-3, and H-4 dependents), exchange visitors (J-1 and J-2 dependents), fiancé and dependents (K-1, K-2, and K-3), international cultural exchange participants (Q), religious workers (R-1 and R-2 dependents), and witnesses, informants, and victims (S, T, and U). This change reflects a broader trend toward heightened scrutiny of applicants’ online presence and the increasing incorporation of social media and other publicly available information into immigration vetting and adjudication.
$100,000 H-1B Fee Update
Pursuant to a September 18, 2026 presidential proclamation, the $100,000 fee applicable to certain H-1B petitions, which was set to expire this week, has been extended for an additional year, through September 21, 2027. Importantly, collection of the fee is currently unenforceable following a June 2026 ruling by the U.S. District Court for the District of Massachusetts finding the $100,000 fee unlawful and vacating it. On July 24, 2026, the First Circuit Court of Appeals denied the government’s request to stay the decision, and collection of the fee remains blocked pending appeal.
Department of Homeland Security Update
On September 14, 2026, a federal judge in Massachusetts postponed the effective date of the Department of Homeland Security’s (“DHS’s”) Final Rule replacing duration of status admission with fixed periods of admission for F, J, and I nonimmigrants. The relief applies nationwide and postpones implementation of the entire Final Rule. The judge determined that the plaintiffs had demonstrated a substantial likelihood of success on the merits of their Administrative Procedure Act (“APA”) claim, that immediate irreparable harm would follow absent relief, and that the balance of equities and the public interest favored the issuance of an injunction. The practical outcome of the judge’s ruling is that nonimmigrants will continue to be admitted for duration of status, rather than for fixed periods, while the injunction remains in effect.
As adopted, the Final Rule, 91 Fed. Reg. 44976 (July 17, 2026), would have ended a framework that has governed F admissions since 1978 and J admissions since 1985. In its place, the Final Rule would have limited F and J nonimmigrants to a fixed period of admission of four years or until the end date of their educational program, whichever came first, regardless of the actual length of the program. I nonimmigrants would have been admitted for 240 days or until the completion of their assignment, whichever came first. Foreign nationals requiring additional time to complete their program or assignment in the U.S., which means virtually all doctoral students and many undergraduates, would have had to submit extension of stay requests to USCIS. Such requests would be subject to the discretion of an immigration officer, with no right to appeal a denial. The Final Rule also reduced the departure period from 60 to 30 days and restricted students from pursuing joint or dual degree programs or transfer between schools. For now, the court’s ruling maintains the existing duration of status framework for F, J, and I nonimmigrants while the legal challenge to the Final Rule continues.
Did You Know?
Munsch Hardt’s Immigration team has extensive experience establishing E-2 programs for foreign-owned businesses with U.S. subsidiaries or other affiliates. Our attorneys advise international entrepreneurs pursuing commercial opportunities in the U.S. across a range of industries, from consulting and production facilities to product distribution centers. We help clients determine the best path forward for transferring executives, managers, specialized knowledge personnel, and administrative staff to the U.S.