October 2026 Newcomer Policy Update
Want to keep up with newcomer policy updates in the U.S.? Every month, Global Cleveland publishes our newcomer policy update so that you can stay informed about the latest news.
This month’s Newcomer Policy Update at a glance:
- TPS to remain in place for Ukrainian, Sudanese nationals
- OPT fees proposed
- Supreme Court sides with administration on third country deportations
TPS to Remain in Place for Ukrainian, Sudanese nationals
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Temporary Protected Status for Sudanese and Ukrainian citizens will, for the time being, remain in place, allowing those here under TPS to continue to work
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The Department of Homeland Security had not announced either an extension or a termination of the status for either country, which had been set to expire on October 19th.
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DHS announced that longer term decisions on TPS for both would be made in the future, but in the meantime “individuals present in the US under TPS retain protection including work authorization”
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Ukraine has had TPS designation since 2022, because of the Russian invasion of the country, and Sudan has had it since 2013 in response to the country’s ongoing internal conflict, both nations remain conflict zones today.
OPT Fees Proposed
- The federal government proposed adding a $70,000 fee for use of optional practical training.
- Advocate and industry leaders have expressed concerns that the fee could be a massive blow to both employers and universities, which have already seen a decline in international students that are critical to their fiscal sustainability.
- The proposal has not been finalized and even if approved, may be the subject of litigation
- International students are vital to our economy, The Center for Strategic and International Studies found that “contributed up to $409 billion in labor value-added, a whopping 1.9 percent of U.S. GDP” in 2019
- https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees
DHS proposes ending policy to defer to previous approvals
- A new proposal from the Department of Homeland Security would abolish a policy directing its officers to, in general, defer to previous rulings when reviewing extensions of non-immigrant employment-based visas, where the underlying facts have not changed since the approval.
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Visas in the H, O, and L categories would be affected, and could result in longer processing times
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The rule is open for public comment until November 13
Premium Processing Time Rule Change to Enter Federal Review
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A federal rule notice was posted involving changes to USCIS premium processing time
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The rule has not been officially published yet, and its content remains unknown, but immigration sector leaders are watching the issue.
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Currently, premium processing enables for certain applicants to receive faster action from the US Citizenship and Immigration Services.
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The administration has proposed some other changes regarding premium processing earlier this year, including a pilot program by the state department that launched earlier this year
Supreme Court Sides with Administration on Third Country Deportations
- The US Supreme Court allowed the federal government to resume deportations to third countries in a ruling that stayed a previous ruling from a lower court blocking the practice.
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The administration has been deporting migrants to a series of countries, including Mexico and several countries in Africa.
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The ruling is only temporary, and the Supreme Court will revisit the case in December.
Final Merits Rule for EB1A upheld in Federal Court
- Agarwal v. Miller, a federal court case, was ruled on by a Nebraska federal judge.
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The ruling allows for the US Citizenship and Immigration Services to continue their two-step review process for EB-1A visas petition, an issue that has been subject to federal litigation.
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The EB-1A allows for green cards for foreign citizens with extraordinary ability, and includes a ‘final merits’ evaluation which examines whether the applicant “has demonstrated sustained national or international acclaim beyond meeting the initial evidentiary requirements.”
Additional Ruling against 100k fee
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Following in the footsteps of a ruling in a Massachusetts federal court earlier this year, Federal Judge Haywood Gillam ruled against the administration on the $100,000 H-1B fee.
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Finding the fees “arbitrary and capricious” the ruling invalidated both the original executive order and a later proclamation renewing the fee.
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A notable aspect of the ruling was that Judge Gillam found that the fee policies are subject to notice-and-comment processes.
