Immigration Updates: July 21, 2026

DHS get specific with students and journalists

The Department of Homeland Security (DHS) finalized a rule that will limit the amount of time that students will be able to pursue their studies in the U.S. Currently, F and J visa holders (among other categories) are able to stay for a “duration of status (D/S)” This phrase essentially means that, when the visa holders enter, it is not known exactly how long their status will last. This is partly because educational programs often don’t have definite, fixed end dates. As long as the visa holders complies with the requirements of the visa, they can remain for the duration of that program.

That is, until September 15, 2026, when the new rule goes into effect. A process that has historically been managed by schools and exchange visitor programs will now be managed by the Department of Homeland Security, which will limit students to four-year stays, which will require a significant majority of them to seek extensions (particularly those pursuing Ph.D. programs).

As we wrote a year ago:

“Requests for extensions would no longer be processed by the schools alone, but via USCIS: requiring extra scrutiny fees, processing, and delays so lengthy they could effectively prevent students from registering in time for their upcoming semesters. Moreover, students may be required to present compelling academic reasons for the extensions (including medical issues or other extraordinary circumstances), among other restrictions, such as the ability of students to effectively transition from student status to H-1B status (via “cap-gap” extensions).

Most dramatically, “unlawful presence,” a legal determination that carries significant penalties and restrictions, would be attached to students immediately following the new fixed terms, rather than after official findings of status violations.”

Students already admitted for D/S will be transitioned into the new policy over the course of four years up until their program end date, without applying for an extension of status, up until November 14, 2030. Essentially, their situation remains unchanged: apply for an extension when your current program or OPT/STEM OPT ends. (I-visa holders will have a shorter transition period).

The upshot is that students seeking to begin a new program after September 15th should be prepared to have to justify the extra time needed after their four-year period expires: specifically, why they were not able to complete their program and training within that period, and/or why a new degree or program will advance their career prospects back in their home country.

metrics will matter

DHS also issued a final rule rescinding the 2022 public-charge ground of inadmissibility regulation, effective September 18, 2026 and applicable to applications for admission to the U.S. made on or after that date, as well as adjustment of status applications postmarked or electronically submitted on or after that date.

Most of those applying for admission to the U.S.—whether through an embassy or an application before USCIS—are subject to INA § 212(a)(4). Those with family-based cases already submit an affidavit of support, in which the sponsor essentially claims that they are willing to reimburse the government for certain benefits that the applicant might claim. Employment-based cases are exempt from this requirement, but are still generally subject to public-charge review at the green card stage.

The final rule restores broader discretionarypublic-charge review and removes rigid features of the 2022 rule, meaning that DHS officials are not limited to examining the use of cash benefits, but can investigate an applicant’s use of any public benefit, and can consider factors such as professional skills, education, age, and overall physical health.

As with the D/S rule, this applies prospectively as well. Certain means-tested benefits received before September 18th will be considered consistently with the 2022 rule. We can expect more aggressive requests from DHS documentation related to applicants’ finances, health, household situation, benefits received, and forms and amount of support.

this week in TPS

Beginning tomorrow, July 22, 2026, the 540-day automatic extensions to TPS-based work permits will expire(pursuant to the One Big Beautiful Bill Act) unless USCIS has issued them a new employment authorization document.

For renewals filed before July 22, 2025, the auto-extended work authorization expires July 22, 2026 even if the the USCIS notice shows a longer 540-day period; for renewals filed between July 22, 2025 and October 30, 2025, the extension is limited to one year from the card expiration date or the duration of TPS, whichever is shorter.

So again, employers should consider targeted I-9 review and reverification by July 22, 2026, while E-Verify employers may see system updates reflecting July 22, 2026 as the expiration date. And as some TPS countries remain affected by litigation or country-specific Federal Register notices, the general cutoff has to be checked against the worker’s specific TPS country, work permit category, filing date, receipt notice, and any USCIS/SAVE/E-Verify guidance. See this week’s E-Verify updates for Syria, Somalia, Ethiopia, Burma, South Sudan, and Yemen here.

regaining the power of speech

The U.S. District Court for District of Columbia, in Coalition for Independent Technology Research v. Rubio, temporarily paused the State Department policy restricting visas for those accused of “censoring Americans” through work on online misinformation, hate speech, content moderation, platform regulation, or trust-and-safety research, finding that the policy violated the the First Amendment (and thus also the Administrative Procedure Act) by burdening protected speech and association based on viewpoint.

The May 2025 policy was framed as a visa-ban measure against foreign nationals “complicit in censoring Americans,” which appears to have banned or restricted visa issuance to Europeans involved in online-content regulation, including European Union Digital Services Act enforcement, U.K. online-safety regulation, and civil-society research on disinformation and hate speech. The judge found that noncitizens could reasonably view the policy as putting their immigration status at risk because of their work and viewpoints, rather than because of any direct exercise of foreign government censorship power.

The order is not a final ruling, and merely pauses enforcement while the litigation continues.

the August bulletin

This month’s bulletin favors the family-based cases in general, and especially spouses and children of permanent residents (F2A) whose category advanced the most. USCIS is allowing family cases to use the more flexible filing chart, which may let more people submit their applications now.

Employment-based applicants, rather, must use the stricter final action chart (Chart A), so many people may have to wait longer for their priority date to become current there before they can file concurrent adjustment of status applications,.

DOS is also warning that some employment categories could get worse before the fiscal year ends on September 30, including possible date freezes, backward movement, or temporary unavailability. This usually happens near the end of the fiscal year when the government is trying to stay within annual visa limits.

other news

The United Nations doesn’t approve of the purges in immigration courts (more context here), ICE is using kids in shelters as bait to arrest relatives, a Trump nominee finds that T rump can’t force Minnesota to do it’s bidding, and it would be great if we could build t his much housingfor U.S. residents.

Sigh.

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
Book appointment