September 2026 packed several deadlines into a few weeks. This recap shows what happened to each one, with links to our coverage.
September: the duration of status case
The court heard argument on the motion to block the rule that would replace duration of status with fixed admission periods. On 14 September 2026 it postponed the rule’s effective date nationwide, so Duration of status (D/S)The period of stay for F, J and I nonimmigrants, who are admitted for as long as they maintain their program or activity rather than until a fixed date. It appears as D/S on Form I-94.See it in the glossary remains in place. See our court order explainer.
September 15: the rule was postponed, and two form editions are on hold
The DHS fixed admission period rule did not take effect. USCIS is not accepting the 09/15/26 editions of Form I-539 and Form I-765 and continues to accept the 08/28/24 edition of the I-539 and the 08/21/25 edition of the I-765, as we reported.
September 18: public charge took effect, with a new Form I-485
The DHS Public chargeA ground of inadmissibility for applicants an officer finds likely at any time to become a public charge. For Form I-485 filings on or after September 18, 2026, USCIS guidance lets officers weigh a wider range of means-tested public benefits, not only cash assistance.See it in the glossary Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary took effect and applies to Form I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary applications postmarked or electronically submitted on or after this date. USCIS now accepts only the 09/18/26 edition of Form I-485, with no grace period. Lawsuits challenging the rule are pending.
September 18 to 21: the H-1B proclamation was extended
Presidential proclamationA formal statement from the President addressed to the public. In immigration, proclamations are often issued under INA 212(f), which lets the President suspend or restrict the entry of noncitizens when the President finds their entry would be detrimental to the interests of the United States. The Supreme Court read that authority broadly in Trump v. Hawaii (2018), though courts have said it cannot override other parts of the INA.See it in the glossary 10973 established the 100,000 dollar Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary payment. A September 18 proclamation extended the entry payment through September 2027. Our fee status article explains how the earlier court ruling affects the payment.
September 24: H-1B fee comments closed
The thirty-day public comment window on the proposed 103,265 dollar fee for cap-subject H-1B petitions closed. The proposal is not law unless DHS issues a final rule. The docket is USCIS-2026-0298.
September 30: fiscal year 2026 ends
The last day of the fiscal year. The State Department warned that EB-1 India, EB-2 across all countries and EB-5 Unreserved may retrogress or become unavailable before this date. DV-2026 eligibility also ends, and DV numbers could be exhausted earlier.
Fiscal year 2027 begins 1 October with a fresh allocation of Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary numbers. As of our latest report, the State Department had not published the October bulletin, as we explain in our bulletin delay article.
October 1: the I-864 grace period ends
USCIS said it will accept only the 08/24/26 edition of Form I-864 beginning 1 October 2026, as we covered in our I-864 report.