This was a quieter week as far as material changes in immigration, but there are a few things worth knowing about, and (for the 100th time) three deadlines for comments coming up fast. Here is what happened this week…
An expanded fee for same-employer H-1B and L-1 extensions
The "9-11 Response and Biometric Exit" fee used to land mainly on initial and change-of-employer petitions from employers that depend heavily on H-1B and L-1 workers. A rule published around August 10th, and effective around September 9th, expanded it to same-employer extension petitions: $4,000 for H-1B and $4,500 for L-1. It applies to "covered employers" (50 or more U.S. employees, with more than half in H-1B or L-1A/L-1B status). This fee is paid by employers, not workers directly.
97% of H-1B petitions were approved in FY2026
USCIS data for FY2026, which began in October 2025, through June 30th shows 270,419 approved and 8,231 denied, about 97% of the 278,650 decided, with 156,404 still pending.
The CPT lawsuit had a hearing today
Four higher-education groups sued on October 5th over two SEVP broadcast messages that narrow CPT to coursework that is "integral and required" for every student in the degree. The hearing on a preliminary injunction was today, Friday, November 6, at 3:00 PM before Judge Julia Kobick in Massachusetts. There is no ruling yet, which means that the restrictions remain in effect.
The midterms did not change immigration law overnight
Democrats took the House and the Senate, but enforcement runs through the executive branch, and nothing in effect, proposed or enjoined changed because of the election.
Last chance to voice your opinions on three critical proposals
Your last chance to voice your opinions or concerns on the three critical proposals is coming up!
The proposal to eliminate the 60-day grace period closes Tuesday, November 10.
The proposal to remove deference for H-1B, L-1, O-1, TN and E petitions closes Friday, November 13.
If you have an opinion, and data to back up solid reasoning, please go comment.
TLDR
An expanded extension fee for certain employers, covered by employers.
A 97% H-1B approval rate is noted in data from Oct. 2025 to June 2026.
A CPT court hearing today with no ruling yet.
The election upended the majority in Congress, but will not change enforcement on its own.
Put November 9, 10 and 13 on your calendar if you want to comment.
This post is for general information only and is not legal advice. For guidance on your specific situation, please consult a licensed immigration attorney or your school's DSO.
