The last few weeks have felt like one proposed rule after another. Three of the biggest proposals are open for public comment right now, and all three windows close soon: Monday, November 9, Tuesday, November 10, and Friday, November 13.
Remember: A proposed rule is a draft. The agency publishes it, takes public comments, has to consider the significant ones, and only then can it publish a final version. The final version can still be challenged in court. So, none of these proposals change anyone’s status today. But, you do have a short window where your voice is a critically important part of the record.
The OPT Fee Proposal: Comments Close Monday, November 9
This is the one that set off alarm bells across campuses: DHS's proposal to charge $70,000 for a student's first OPT recommendation and $30,000 for each one after that, including STEM OPT extensions.
As proposed, the fee is charged to SEVP-certified schools, not billed directly to students. However, Universities can pass that cost on to the student, or their employer. That’s very different from "students now pay $70,000 to work." It was published in the Federal Register on October 8, and you can comment here, under docket ICEB-2026-0100.
I broke down the full proposal here.
Eliminating the 60-Day Grace Period: Comments Close Tuesday, November 10
This one has had the longest comment window of the three, a full 60 days. It was published on September 11th and closes on November 10th. USCIS has proposed eliminating the discretionary grace period of up to 60 days that H-1B, H-1B1, L-1, O-1, TN, E-1, E-2, and E-3 workers and their dependents currently get after their employment ends. If it's finalized as written, losing your job would mean you're expected to depart immediately unless you're otherwise authorized to stay. No two-month window to find a new sponsor, change status, or get your affairs in order. This is the one I'd watch most closely if you're in tech right now, given the layoff climate.
You can comment here, under docket is USCIS-2026-0364.
Please note that this proposal covers those worker categories and their dependents. It does not impact the F-1 grace period.
I also wrote in more detail about it when it was first proposed here.
Ending "Deference" on Extensions: Comments Close Friday, November 13
This is the newest, and has a short comment window.
DHS has proposed ending "prior deference," the practice where USCIS generally defers to its own earlier approval when you file an extension with the same employer, the same job, and the same facts. Without it, every H-1B, L-1, O-1, TN, or E extension could be re-adjudicated from scratch, as if the first approval never happened. It was published on October 14 with a 30-day comment period, under docket USCIS-2026-0529. I wrote a bit more about what this would mean for your next extension here.
You can also watch a brief video about it on InHouse Core’s Instagram.
These Proposals are Separate, but have a Collective Impact.
Read separately, each of these is just one more proposal. Read together, they point to a much more difficult path for H-1B holders.
If both the grace-period and deference proposals were finalized as written, an H-1B holder would face a harder extension process and lose the cushion that currently softens a layoff. And, the student on OPT today is the H-1B worker of two years from now.
I'm not saying that to alarm you. I'm saying it because these comment windows matter. Please comment.
How to Actually Submit a Comment
Commenting is not as difficult as some may thing, and it can be submitted anonymously. Go to regulations.gov, search for the docket number (ICEB-2026-0100, USCIS-2026-0364, or USCIS-2026-0529), I have also included the direct links under each section above, and click "Comment."
Each docket's comment form is open until 11:59 p.m. Eastern on its deadline day. The comments that carry the most weight are specific ones: how this would affect you, your family, your team, or your school, with real numbers. A one-line "I oppose this" is unlikely to have much impact. Comments are posted publicly, so leave out anything you wouldn't want online, like receipt numbers, A-numbers, or details that identify your employer. Your comment goes into the public rulemaking record, but is not added to your individual case file.
Pending Final Proposals
Some proposals have already passed their comment deadline but there is still no final rule in effect. The proposed $103,265 fee on cap-subject H-1B petitions is one of them. Its comment period closed September 24, but nothing has been finalized.
TLDR
Three major proposals are open for public comment right now, and all three close soon. Use the links below to comment.
Monday, November 9: the OPT fee proposal ($70,000 for a first OPT recommendation, $30,000 for each one after, charged to schools). Docket ICEB-2026-0100.
Tuesday, November 10: eliminating the up-to-60-day grace period for H-1B, L-1, O-1, TN, E, and H-1B1 workers and their dependents. Docket USCIS-2026-0364.
Friday, November 13: ending "prior deference" on H-1B, L-1, O-1, TN, and E extensions. Docket USCIS-2026-0529.
None of these are final, and nothing changes for you today. Final rules can still be changed, delayed, or challenged in court.
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.
