Policy & rulemaking

September 2026 is a month of deadlines. Here is the calendar.

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Six separate deadlines land in the second half of September 2026, several of them within days of each other, and most carry no transition period. This is the consolidated calendar, with links to our coverage of each item.

September 9: the duration of status injunction hearing

An in-person hearing before Judge F. Dennis Saylor IV in the District of Massachusetts on the motion to preliminarily enjoin the rule replacing duration of status with fixed admission periods. No court order currently blocks the rule.

September 15: three things at once

The DHS fixed admission period rule takes effect. F and J nonimmigrants entering on or after this date receive a specific Admit Until Date on the Form I-94 instead of D/S.

USCIS switches to the 09/15/26 editions of Form I-539 and Form I-765. The 08/28/24 edition of the I-539 and the 08/21/25 edition of the I-765 are rejected from this date. No grace period.

September 18: public charge, and a third form change

The DHS public charge final rule takes effect. It applies to Form I-485 applications postmarked or electronically submitted on or after this date.

USCIS switches to the 09/18/26 edition of Form I-485. The 01/20/25 edition is rejected from this date. No grace period.

September 21: the H-1B proclamation expires

Presidential Proclamation 10973, which established the 100,000 dollar H-1B payment, is set to expire one year after issuance unless extended. The payment is currently unenforced following a June court ruling.

September 24: H-1B fee comments close

The thirty-day public comment window on the DHS proposed 103,265 dollar fee for cap-subject H-1B petitions closes. Anyone may comment through the federal docket, USCIS-2026-0298.

September 30: fiscal year 2026 ends

The last day of the fiscal year. The State Department has warned that EB-1 India, EB-2 across all countries and EB-5 Unreserved may retrogress or become unavailable before this date. DV-2026 derivative status also ends, and DV numbers could be exhausted earlier.

Fiscal year 2027 begins 1 October with a fresh allocation of immigrant visa numbers.

The pattern worth noticing

Three separate USCIS form editions change inside four days, and none of them carries the customary grace period. USCIS has said in each case that the revised editions are necessary to apply new rules, which is why the transition windows were dropped.

The practical consequence is the same in all three cases. An application prepared correctly in August and mailed in late September can be rejected on the edition date alone, with no bearing on eligibility. Check the edition printed at the foot of the form on the day you submit.

TR Immigration Team, author

Written by

TR Immigration Team

TR Immigration Team covers U.S. immigration policy, rulemaking and court decisions. We read the primary source first, then explain what it actually changes in plain language.

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