United States: Immigration Agencies Unveil Regulatory Agendas for the Coming Months

Final regulations

Fixed period of admission for international students, exchange visitors, and foreign media representatives. This month, DHS plans to issue final regulation that will end the longstanding practice of admitting foreign students (F nonimmigrants), exchange visitors (J nonimmigrants) and media representatives (I nonimmigrants) to the United States for the duration of their program – known as “duration of status” – and switch to admitting individuals in these categories with a fixed expiration date, after which they will be required to file an extension with the immigration authorities in order to remain in the United States. The full details of the DHS proposal, published almost a year ago, can be found here, and the final regulation is expected imminently.

Expansion of H-1B and L-1 “50-50” fee. A final regulation slated for July is expected to expand the 9-11 Response and Biometric Entry-Exit Fee to petitions for extensions of stay filed by employers subject to the fee. The fee is imposed on employers with more than 50 employees in the United States in H-1B or L-1 status, more than 50 percent of whom are in H-1B or L-1 nonimmigrant status. Currently, H-1B and L-1 petitions filed by these employers are required to include the additional $4,000 (H-1B) or $4,500 (L-1) 9-11 Response fees only in petitions for an initial grant of H-1B or L-1 status or a change of employer in the same status fee is applicable to employers. The final regulation was originally slated for publication in April 2025, then was removed from the agenda this fall, but has been added once again as a short-term priority.

ESTA requirement for land border entrants under the VWP. A final rule is expected to require Visa Waiver Program travelers entering the United States through a land border to apply for clearance in the Electronic System for Travel Authorization before they travel. The final regulation is expected to be published in September.

EB-5 fee adjustment. A final regulation is slated for publication in September to adjust EB-5 program fees in line with an October 2025 proposal. If finalized as proposed, the rule would reduce fees for most EB-5 immigration benefit requests and impose new fees for others.

Expanded biometrics collection. A final regulation slated for publication in December is expected to broaden the collection and use of biometrics of applicants for and beneficiaries of USCIS immigration benefits filings. As proposed, the regulation would subject foreign nationals to periodic biometrics collection and continuous vetting after they enter the United States; it would also subject immigration sponsors, their authorized signatories, and others associated with immigration to biometrics collection.

Finalization of rescission of automatic EAD extension rule. A regulation expected this month will finalize an interim regulation – in place since October 2025 – that eliminated the maximum 540-day automatic extension of employment authorization documents for certain foreign nationals who timely filed EAD renewal applications on or after October 30, 2025.

Public charge inadmissibility grounds. A final regulation expected this month is expected to rescind the public charge regulation that has applied to adjustment of status applications since December 2022 and replace it with a new broader public charge policy. As originally proposed, the rule sought to lower the threshold by which an applicant would be judged likely to become a public charge and could result in significantly higher scrutiny of an applicant’s potential to become dependent on government benefits.

 

Proposed regulations

H-1B program reforms. A proposed regulation slated for publication in August of this year would seek to revise the eligibility criteria for exemptions from the H-1B cap, impose additional requirements on third-party placement of H-1B employees, and impose an additional level of scrutiny on employers deemed to have violated H-1B program requirements. This proposal was originally slated to be published in September 2025.

Possible limits on F-1 practical training. A proposed regulation slated for February 2027 is expected to seek amendments to practical training programs. Though the regulatory agenda provides few details, proposals could include restrictions on F-1 optional practical training (OPT), STEM extensions of OPT, and curricular practical training (CPT). Originally, the proposal was set to be published in September 2025.

Passport requirements for U.S. citizens and permanent resident passengers cruising in the Western Hemisphere. A proposed rule targeted for publication this month is expected to seek to require U.S. citizens and lawful permanent residents to carry a passport when on a cruise in the Western Hemisphere. Currently, these travelers are not required to hold a passport during their travel.

Fee increases. The government will propose an increase in baseline fees, likely including fees for certain humanitarian applications, under the H.R. 1 legislation passed by Congress in July 2025. The proposed rule is slated for publication in September.

Education standards for naturalization applicants. A proposed regulation slated for December would establish a framework and standard for naturalization applicants to meet educational requirements beyond the current version of the naturalization test. DHS is also seeking to modify the way it administers the naturalization test, including by allowing for third-party administration.

Federal and state government enforcement of sponsor obligations. DHS is seeking to amend existing regulations to better hold financial sponsors of foreign nationals accountable, including amendments to the mechanisms for reimbursement requests and actions to compel reimbursement from the sponsor. The proposal will also direct U.S. States and state agencies to count a sponsor’s income and resources when determining whether a foreign national is eligible for a means-tested public benefit. The proposed rule is slated for June 2027.

Final regulations

H-2A and H-2B program changes. In July 2026, the Department of Labor is planning to finalize the interim final rule concerning H-2A temporary agricultural work program wage methodology that has been in place since October 2025. Also in July, the agency plans to issue a final rule that implements a proposal released in July 2025 to rescind some H-2A employer requirements imposed in 2024. DOL is also planning to finalize a regulation on H-2B wage methodology, pursuant to a court order determining that a prior version of the regulation concerning employer-provided wage surveys did not comply with federal rulemaking requirements. Issuance of the final rule has been delayed and is now slated for February 2027.

 

Proposed regulations

Prevailing wage revisions for the H-1B, H-1B1, and E-3 nonimmigrant and PERM labor certification programs. The Department of Labor intends to finalize a rule that would revise the prevailing wage levels under the four-tiered DOL wage structure applicable to the H-1B, H-1B1, and E-3 nonimmigrant programs, and the PERM labor certification program that applies to many permanent residence pathways. In March 2026, DOL proposed a regulation to raise prevailing wage minimums for these programs, reviving efforts that were begun in President Trump’s first term. If implemented as proposed, the wage regulation would increase the threshold for entry-level wages from the 17th percentile to the 34th percentile for the occupation and geographic area. As a result, employers would see higher sponsorship costs for both temporary work visa filings and most permanent residence cases.

The public comment period for the proposed rule ended in late May 2026, and DOL is required to give public comments meaningful review before finalizing the rule. The 2026 regulatory agenda does not provide an anticipated date for release of the final rule.

Revisions to the PERM labor certification labor market test and related PERM provisions. This month, the Department of Labor plans to issue a proposed rule described as modernizing the PERM labor certification labor market test and related requirements. The agency notes that since the PERM recruitment requirements were introduced in 2004, there have been many technological advancements that have impacted the PERM process, including recruitment. In its proposal, DOL seeks to revise the minimum standards for recruiting qualified U.S. workers, strengthen PERM rules related to U.S. worker layoffs, and enhance employer compliance with non-discrimination requirements in recruitment and hiring.

Proposed regulations

B visa bond pilot program to become permanent. In August 2026, the State Department plans to issue a final rule making the pilot B-1/B-2 visa bond program that was implemented in August 2025, a permanent program. The pilot version of the program was set to expire in early August 2026, but was widely anticipated to be extended. The final rule appears to increase the maximum bond amount under the permanent program to $20,000, from $15,000 in the pilot program.

Exchange visitor program proposal. A proposed rule is expected to set forth new rules for the circumstances under which the State Department may terminate a J-1 exchange visitor’s program and under which a sponsor may request an extension of an exchange visitor’s program or reinstate their SEVIS records. The proposal is anticipated in September 2026.

The regulatory agenda is an indication of the Trump Administration’s near-term priorities. Most proposed regulations would be published with a 30- to 60-day public feedback period. Generally, a rule may be finalized only after the relevant agency gives meaningful review to the feedback it receives and obtains final clearance from the Office of Management and Budget. The usual rulemaking process takes at least several months. Interim and temporary final rules may be implemented on an expedited basis in emergent circumstances.

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