This week was mostly about deadlines closing and headlines distorting facts. Three comment windows shut (one tonight), one big employer stepped back from sponsorship, a wage rule moved one step closer, and ICE released record enforcement numbers.
Two Comment Windows Closed - One Closes at 11:59pm EST
The OPT fee proposal ($70,000 for initial OPT, $30,000 for later OPT) closed for comments Monday, the grace-period proposal closed Tuesday with 30,567 comments, and the extension "deference" proposal closes tonight.
It’s important to remember that just because the comment period closes, it does not mean that any of these rules are immediately in effect. Nothing changes until a final rule is published with an effective date.
Update: IBM Consulting
IBM is ending H-1B and PERM sponsorship for most IBM Consulting roles. While this is just one company changing their internal policy around which roles they will sponsor, and where those roles will sit, it does give some clue to what we might be looking at as employers watch costs for sponsorship balloon, and as AI continues to shift modern roles.
The DOL Wage Rule
A Department of Labor final rule on wages for foreign workers (RIN 1205-AC30) landed at White House review on November 6th. While the March proposal aimed to sharply increase the four prevailing wage levels for H-1B and PERM programs, the finalized text is not yet public, so the exact numbers remain unconfirmed. Again, a rule undergoing White House review is not yet active policy. Nothing changes for your current petition or wage calculations today.
Update: The CPT Lawsuit
The judge in the CPT case (AAU v. DHS) heard arguments last Friday, November 6, and took the request to pause SEVP's CPT guidance under advisement. No ruling yet, which means the current guidance stays in place for now. If your school paused or tightened CPT approvals, keep talking to your DSO.
ICE's Record Year
On Thursday, DHS said ICE set records in fiscal year 2026 (which ended September 30th): 483,200 deportations and more than 491,000 immigration arrests, as reported by CBS News. CBS also noted those ICE numbers don't include CBP, and an independent analysis (TRAC) found formal removals were 63% of deportations in July and August, with the rest voluntary departures and returns.
I know numbers like this feel terrifying, especially for families. But please remember that this is an enforcement statistic, and that the rules for maintaining lawful status have not changed.
Myth-Buster: What the Internet Got Wrong This Week
I’ve seen quite a bit of comments say "The grace period is gone." Now, this could just be fatalist speculation, because we have seen this administration ignore comments (see the D/S Case Updates), but as of today, the 60-day grace period remains in effect. The comment period closed, but the rule isn't final. "
"IBM's decision means employers can't sponsor anymore." This is, again, not true. This action may be reflective of the temperature right now, but practically, it’s really just one company's choice.
TLDR
Nothing final changed for most non-immigrant visa holders this week.
The OPT fee and grace-period proposals closed for comments.
The deference proposal closes today - Please go comment if you haven’t already!
None of these proposed rules are in effect.
If you work in IBM Consulting, talk to your employer and your attorney now about your plan.
If you're on F-1 and waiting on CPT, stay in touch with your DSO.
Most importantly, when a scary headline hits, ask three things:
1. Is it proposed or final?
2. Who does it name?
3. When does it take effect?
You can always email me directly at info@inhousecore.com if there is something you believe I should address.
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.
