Frank Alvarado

The Department of Homeland Security’s (DHS) new F-1 regulations represent one of the most significant changes to international student compliance in decades. While Optional Practical Training (OPT), STEM OPT, and Curricular Practical Training (CPT)—including Day One CPT—remain available, the shift from Duration of Status (D/S) to fixed periods of admission creates important new responsibilities for employers. Here are five key changes every employer should know. 1. The I-94 Is Now a Critical Compliance Document Employers can no longer rely solely on an employee’s Form I-20 or Employment Authorization Document (EAD). In addition to tracking CPT and OPT dates, employers should now monitor: Takeaway: The I-94 should now be treated as a key employment compliance document. 2. Day One CPT Still Exists—But Timing Is More Complicated The new rule does not eliminate Day One CPT. However, employees transitioning from OPT, STEM OPT, cap-gap, or an H-1B lottery loss may now need to file a Form I-539 Extension of Stay to continue working. Takeaway: What was once primarily a university enrollment issue is now also a USCIS timing issue. Employers should begin planning months earlier. 3. Missing an Extension Deadline Can Trigger an Immediate Work Stoppage Timing is now critical. Takeaway: Even a short filing delay could interrupt an employee’s work […]

A federal judge in Washington, D.C. has confirmed that the court order previously preventing the termination of Temporary Protected Status (TPS) for Haiti is no longer in effect following the U.S. Supreme Court’s decision in Mullin v. Doe. On August 5, 2026, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia issued an order acknowledging that the Supreme Court’s June 2026 decision reversed the court’s earlier February 2026 ruling, which had stayed the Department of Homeland Security’s (DHS) termination of Haiti’s TPS designation. As a result, the injunction blocking implementation of the TPS termination has been lifted. Termination of Haiti TPS The underlying litigation challenges DHS’s decision to terminate Haiti’s TPS designation. That designation has provided eligible Haitian nationals with temporary protection from removal, as well as employment authorization in the United States. Following the Supreme Court’s decision in Mullin v. Doe, the U.S. Court of Appeals for the D.C. Circuit remanded the case to the district court for further proceedings consistent with the Supreme Court’s ruling. Judge Reyes’ August 5 order formally confirms that the February 2026 injunction is no longer in effect, allowing DHS’s termination of Haiti’s TPS designation to move forward unless further […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. Colombia Sees Increased Work Visa Delays and Heightened Scrutiny Employers sponsoring foreign nationals in Colombia may experience longer processing times and greater uncertainty as immigration authorities increase scrutiny of work visa applications. While no formal legislative or regulatory changes have been announced, recent adjudication trends suggest a more discretionary review process ahead of the country’s presidential transition on August 7, 2026. Reports indicate that work visa processing is increasingly exceeding the statutory 30-day adjudication period, with many applicants experiencing delays of several additional weeks. Authorities have also been exercising broader discretion by declaring some applications inadmissible or treating them as withdrawn, even where applicants believe they have submitted complete documentation. In addition, visa required foreign nationals have reportedly been instructed to refile under different visa categories than those originally selected. These developments may result in additional costs, longer processing times, and delayed employment start dates. The heightened review comes as Colombia prepares for a change in government, a period that often brings operational and administrative shifts. Employers should anticipate that visa processing practices may remain fluid while the new administration establishes its immigration policies. Impact: Although no formal policy changes have […]

If your Form I-751 (Petition to Remove Conditions on Residence) has been pending for years, you may not have to simply wait. Although a timely filed I-751 extends your lawful permanent resident status, lengthy USCIS delays can postpone: A Recent WR Immigration Success WR Immigration recently represented a conditional permanent resident whose I-751 had been pending for nearly two years, preventing USCIS from adjudicating a pending Form N-400. After carefully evaluating the case, we filed a federal mandamus lawsuit. Approximately two months later, USCIS approved the I-751, allowing the client’s naturalization case to proceed and an oath ceremony to be scheduled. While every case is unique and prior results do not guarantee future outcomes, this matter demonstrates that strategic federal litigation can be an effective tool to address prolonged agency delay. What Is a Mandamus Lawsuit? A mandamus action asks a federal court to require USCIS to make a decision on an unreasonably delayed petition. It does not ask the court to approve the application—it seeks action, not a particular outcome. Federal regulations governing Form I-751 contemplate adjudication within months, yet USCIS currently reports processing times approaching 32.5 months for many cases. When delays become unreasonable, a mandamus action under the Administrative Procedure Act (APA) may be an effective option. If your I-751 has been […]

IRCC has withdrawn the July 29, 2026 update to its C20 Reciprocity guidance and published a revised version dated August 6, 2026. The revised guidance removes the language that had suggested a foreign national must already be employed by the company abroad before qualifying under the C20 category. As a result, the guidance has effectively reverted to its previous wording, focusing on whether the proposed employment creates or maintains reciprocal employment opportunities for Canadians, without expressly requiring an existing overseas employment relationship. This is a welcome development for employers utilizing the C20 category, and we anticipate returning to the approach that existed prior to the July 29 guidance update. WR Immigration will continue to monitor developments and provide updates as additional information becomes available. If you have questions about this alert or its impact on your workforce, please contact your WR Immigration attorney or a member of the WR Immigration team.

The Department of Homeland Security (DHS) has issued new guidance implementing a significant change to the admission of J-1 exchange visitors. Effective September 15, 2026, J nonimmigrants who enter the United States or change to J status will generally be admitted for a fixed period of stay rather than for “Duration of Status” (D/S). Under the prior D/S framework, qualifying J nonimmigrants could remain in the United States as long as they continued to comply with the terms and conditions of their status. The new framework introduces an “Admit Until Date” (AUD) that establishes the last day an exchange visitor is authorized to remain in the United States in J status. The admission period generally may not exceed four years, although a 30-day period may be provided for departure or other action to maintain lawful status. What Is Changing? Beginning September 15, 2026, DHS will generally use the Program End Date on Form DS-2019 when determining an exchange visitor’s AUD. If the Program End Date occurs within four years of the Program Begin Date, DHS generally will admit the individual through that date, plus 30 days for departure. If the Program End Date exceeds four years, DHS may admit the […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. New F-1 Rule Changes Grace Periods for OPT and Status Extensions DHS’s new rule eliminating Duration of Status will significantly change how F-1 students maintain status during and after Optional Practical Training. Under the current framework, students generally receive a 60 day grace period after completing their program or authorized practical training. USCIS also provides certain post denial protections when an OPT or STEM OPT application is denied. Under the new fixed admission framework, the standard F-1 departure period will be shortened to 30 days. More importantly, OPT will become tied to the student’s fixed period of admission and, when necessary, an approved extension of stay. This creates several important distinctions: The rule therefore makes the expiration date on Form I-94 significantly more important for students, universities, and employers. DHS has also established special transition provisions for certain post completion OPT and STEM OPT cases during the first six months of implementation, meaning cases filed around the effective date will require separate analysis. Impact: The new framework leaves less room for error when OPT, STEM OPT, or an extension of stay is pending. Employers and students should closely track I-94 expiration dates […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. State Department Expands Premium B 1/B 2 Visa Appointment Pilot The U.S. Department of State has expanded its fee based pilot program that allows certain B 1/B 2 visitor visa applicants to obtain an earlier consular interview for an additional $750 fee. Effective August 18, 2026, the program now covers additional posts across the Americas. The pilot initially launched in Mexico and has expanded to include: Applicants who have completed Form DS 160 and paid the standard visa application fee may select a premium appointment, when available, that is scheduled within 10 business days. The State Department has emphasized that appointment quantities will be limited and additional consular posts may be added before the pilot concludes on December 31, 2026. Importantly, the $750 fee only expedites access to the visa interview. It does not accelerate adjudication, security screening, administrative processing, passport return, or visa issuance, and it provides no advantage in determining visa eligibility. Applicants considering appointments outside their country of nationality or residence should also review current restrictions on third country national processing before making travel arrangements. The State Department will evaluate the program after December 31 to determine whether the service should […]

The Department of Homeland Security (DHS) has proposed a sweeping new rule that would impose an additional $103,265 fee on every H-1B petition subject to the annual statutory cap. If finalized, the proposal would represent one of the most dramatic increases in the cost of employing H-1B professionals in the program’s history and could fundamentally reshape how U.S. employers recruit and retain highly skilled foreign talent. The proposal is just that—a proposed rule. It is not currently in effect, and employers should not assume that the fee will ultimately be implemented in its current form. The proposed regulation is scheduled for publication in the Federal Register on August 25, 2026, after which DHS will accept public comments for 30 days. DHS must review those comments and issue a final rule before the new fee can take effect. Significant litigation is also likely if DHS proceeds with the proposal. The Proposed $103,265 Fee Under the proposed rule, employers filing H-1B petitions subject to the annual cap would be required to pay an additional $103,265 per petition, on top of existing H-1B filing fees and other applicable charges. The proposal would apply to: The fee would reportedly be payable at the time of filing and would apply […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. DHS Advances New H-1B Reform Proposal The Department of Homeland Security is moving forward with another significant overhaul of the H-1B program. On August 24, 2026, DHS submitted its proposed rule, “Reforming the H-1B Nonimmigrant Visa Classification Program,” to the Office of Management and Budget for federal review. The proposal is classified as economically significant and remains confidential while OMB review is pending. No H-1B requirements have changed yet. However, DHS’s regulatory agenda identifies three major areas targeted by the forthcoming proposal: The potential cap exemption changes could be particularly important for universities, affiliated nonprofits, research organizations, teaching hospitals, and other employers that rely on cap exempt H-1B sponsorship. DHS has not yet disclosed which eligibility standards it plans to change. Third party placements are another key area to watch. Current regulations already permit USCIS to request contracts and supporting evidence, conduct site visits at third party locations, and examine whether a bona fide specialty occupation position exists. The new proposal could introduce additional requirements, but the details will remain unknown until the proposed rule is published. After OMB review, DHS is expected to publish the proposal in the Federal Register […]