US immigration news continues to move fast in September 2026. This weekly NRI guide covers the H-1B $100,000 fee rule status, ongoing litigation, USCIS processing updates, the September Visa Bulletin priority date movements for EB-2 India, and major pending court cases — all with links to official sources.

Immigration policy is a rapidly evolving area. Always verify current rules with USCIS.gov, DHS.gov, DOS Visa Bulletin, the Federal Register and a qualified US immigration attorney before making decisions.

H-1B $100,000 Fee Rule — Current Status

The Trump administration's September 2025 proclamation reportedly imposing a $100,000 fee on new H-1B petitions has faced continued litigation. Key items to track this week:

  • Court injunction status — multiple industry associations, state attorneys general and civil-rights groups have filed suits arguing the executive branch lacks authority for this fee without Congressional action
  • USCIS operational guidance — the agency has been publishing clarifications on which petitions the fee applies to (new petitions from outside the US, transfers, extensions, cap-exempt vs cap-subject)
  • Employer responses — hyperscalers have absorbed the fee for critical roles; smaller employers and consulting firms have reduced new H-1B petition volumes

Deeper coverage: H-1B $100,000 Fee Rule 2026 — Complete NRI Guide.

September / October 2026 Visa Bulletin — Priority Dates

The Department of State Visa Bulletin publishes monthly priority date movements. For Indian nationals:

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  • EB-1 India — movements track closely; check the Final Action Dates chart
  • EB-2 India — the primary Indian professional-worker category, historically with multi-decade backlogs
  • EB-3 India — skilled worker + professional category
  • Dates for Filing chart vs Final Action Dates chart — USCIS chooses which chart to use each month; check the USCIS AoS page

Verify the exact October 2026 Visa Bulletin at travel.state.gov.

USCIS Operational Updates This Week

  • Premium processing timelines and fee schedules updates
  • Case status inquiry system updates
  • myUSCIS account interface changes
  • Adjustment of status (I-485) processing pace
  • H-4 EAD renewal processing
  • Advance Parole processing
  • Naturalization interview scheduling

For live case-inquiry: egov.uscis.gov/casestatus.

Major Immigration Court Cases to Watch

  • H-1B fee rule litigation — multiple concurrent cases; check court filings for latest injunction status
  • DACA / dreamers continued proceedings
  • Public charge rule ongoing challenges
  • 60-day grace-period reform discussions
  • Country-cap challenges for EB-2 India backlog reform bills in Congress (HR 3648 predecessor)

What NRIs on H-1B Should Do This Week

  1. Consult a qualified immigration attorney if you have a pending H-1B petition, transfer or extension — the fee rule can affect timing.
  2. Confirm your I-94 expiration date at i94.cbp.dhs.gov.
  3. Save all pay stubs, performance reviews, offer letters personally (not just on company systems).
  4. Track your OPT / STEM-OPT unemployment days if in F-1 status.
  5. Understand your 60-day grace period rights if facing potential layoff.
  6. Consider alternate country pathways as a backup (Canada Express Entry, UK Skilled Worker, Australia Skilled Migration, etc.).

See our companion guides: H-1B Layoff Survival Guide 2026, Best Countries for Indian Immigrants Beyond USA.

F-1 OPT + STEM-OPT Updates

  • Current STEM OPT extension processing times
  • Employer E-Verify requirement compliance
  • Form I-983 Training Plan requirements
  • Reporting obligations to the DSO

See: F-1 OPT to H-1B Roadmap 2026.

OCI Card + Indian Passport Updates for USA-based NRIs

  • OCI Miscellaneous Services current processing time
  • Indian passport renewal via VFS Global (jurisdictions: DC, NYC, Chicago, SF, Houston, Atlanta)
  • Tatkal processing availability
  • Post-passport-renewal OCI update requirements

See: OCI Card Renewal USA 2026, Indian Passport Renewal USA 2026.

Naturalization + Citizenship Path

  • Current N-400 processing times
  • Civics test format and study resources
  • Selective Service registration requirements for male applicants
  • Dual citizenship considerations for Indian citizens (India does not permit dual citizenship — OCI is the practical alternative)

Authoritative Sources for Weekly Immigration News

SourceURLCoverage
USCISuscis.govFederal immigration agency — petitions, adjudications
DHSdhs.govImmigration enforcement + policy
DOS Visa Bulletintravel.state.govPriority date movements
DOL LCA / PERMflag.dol.govLabor certification data
Federal Registerfederalregister.govOfficial regulatory changes
American Immigration Councilamericanimmigrationcouncil.orgPolicy analysis
AILAaila.orgImmigration attorney association
ICEice.govEnforcement policy

Frequently Asked Questions

Is the $100k H-1B fee still in effect?

The proclamation was announced September 2025 and has faced multiple legal challenges. Verify current effective status with USCIS.gov and a qualified immigration attorney.

When does the EB-2 India backlog clear?

Currently multi-decade projected. Track the monthly Visa Bulletin at travel.state.gov and monitor country-cap reform legislation.

What if I'm laid off on H-1B this week?

You have up to 60 days to secure a new H-1B sponsor, change status or depart. Consult a qualified immigration attorney immediately. See our Layoff Survival Guide.

Are USCIS processing times back to normal?

Times vary by service center and category. Check the USCIS processing time tool at egov.uscis.gov/processing-times.

Can I apply for premium processing on my case?

Premium processing is available for many H-1B, I-140, I-539 categories. Check current eligibility and fees on USCIS.gov.

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Disclaimer: US immigration rules change frequently. This is general information, not legal advice. Always consult a qualified US immigration attorney and verify current information with USCIS.gov, DHS.gov, DOS Visa Bulletin and the Federal Register. NRI Globe provides journalism and general information only.