Student Visas, OPT, USCIS Fees, Visa Rules & Family Immigration

Court Postpones New Fixed-Term Admission Rule for F-1 Students

A Federal Court has postponed the Department of Homeland Security’s new fixed-term admission rule, which was scheduled to take effect on September 15, 2026.

For now, F-1 students will continue to be admitted under the existing duration-of-status (D/S) framework, meaning the new fixed admission periods and related extension-of-stay requirements are not currently in effect.

The postponed rule would have generally limited F-1 and J-1 students to admission for up to four years and required many students who needed additional time to complete their studies to apply for an extension of stay. It also would have reduced the departure grace period from 60 days to 30 days and imposed additional restrictions involving certain degree changes and transfers. Because the rule has been postponed nationwide, the current 60-day grace period remains in place, and students are not currently subject to the new fixed-term requirements.

The court’s decision is temporary while the legal challenge continues, so students should be aware that additional litigation, appeals, or future DHS action could change the requirements.

Monty & Ramirez LLP is closely monitoring the case and any new guidance from DHS and will continue to provide updates to help international students understand how future developments may affect their status, studies, and immigration planning.

Trump Administration Proposes $70,000 OPT Fee for International Students

The Trump administration has proposed significant new fees for universities participating in the Optional Practical Training (OPT) program, which allows eligible F-1 international students to gain practical work experience in the United States after graduation.

Under the proposed rule, universities would be required to pay $70,000 for a student’s initial 12-month OPT period and an additional $30,000 for the 24-month STEM OPT extension. The proposed fees would apply only to students who have not yet received an OPT recommendation from their Designated School Official when the rule takes effect. Students currently participating in OPT or with pending applications would not be affected.

The proposal could significantly impact international students, universities, and employers that rely on foreign talent, particularly in STEM fields. The rule is not yet final and is expected to face legal challenges if implemented. The public may submit comments on the proposed rule through November 9, 2026, via the Federal Register. Monty & Ramirez LLP will continue monitoring developments and providing guidance as the regulatory and legal landscape evolves.

USCIS Announces FY 2027 Immigration Fee Increases Effective October 16

U.S. Citizenship and Immigration Services (USCIS) has announced inflation-adjusted increases to certain immigration-related filing fees for Fiscal Year 2027. The new fees will take effect October 16, 2026, and apply to applicable requests postmarked on or after that date.

The increases are relatively modest and reflect inflation adjustments required under H.R. 1. Among the changes, the Annual Asylum Application Fee will increase from $102 to $105, the immigration parole fee associated with Form I-131 will increase from $1,020 to $1,050, certain initial Form I-765 employment authorization fees will increase from $560 to $570, and the Form I-821 Temporary Protected Status application fee will increase from $510 to $520.

Applicants and employers assisting foreign national employees should be aware of the October 16 effective date when preparing upcoming filings. USCIS may reject applications postmarked on or after October 16 that do not include the correct updated filing fee.

Federal Appeals Court Blocks IRS–ICE Taxpayer Data Sharing

The U.S. Court of Appeals for the D.C. Circuit has upheld a preliminary injunction preventing the IRS from sharing certain confidential taxpayer information with U.S. Immigration and Customs Enforcement (ICE). The dispute stems from a 2025 agreement that allowed the IRS to provide taxpayer address information to immigration authorities for certain investigations. According to the groups challenging the agreement, information involving approximately 47,000 individuals had been shared.

The appeals court left the lower court’s restrictions in place while the litigation continues, finding that the challengers were likely to establish standing and that the data-sharing arrangement was likely unlawful.

What This Means for Immigrant Families: For now, the injunction continues to restrict the IRS from sharing protected taxpayer information with ICE under the challenged agreement. The decision does not change federal tax-filing obligations or prevent ICE from obtaining information through other lawful means. Immigrants and their families should continue complying with tax requirements and should not assume that filing taxes, by itself, determines or changes their immigration status.

U.S. Expands Visa Bond Requirements for B-1/B-2 Visa Applicants

The U.S. Department of State has expanded its visa bond requirements for certain B-1/B-2 visa applicants. Nationals of designated countries may now be required to post a $10,000, $15,000, or $20,000 visa bond, with the amount determined by a consular officer during the visa interview. The requirement applies regardless of where the individual applies for the visa. Applicants should not pay a bond unless specifically directed by a consular officer, and posting a bond does not guarantee visa issuance. Travelers subject to the requirement must also comply with specific entry, departure, and immigration-status conditions to avoid breaching the bond. View the Department of State’s current list of countries subject to visa bonds and their implementation dates.

Planning International Travel? Check Your Immigration Documents Before You Leave

With holiday travel approaching, individuals with pending immigration cases or temporary immigration status should review their documents before leaving the United States. Depending on a person’s status and immigration history, international travel can affect a pending application or the ability to return to the United States. Travelers should check the validity of their passport, visa, permanent resident card, employment authorization or travel document, as applicable, and consider whether any pending application requires advance permission to travel. Immigration circumstances vary significantly, so individuals with questions about travel should obtain guidance specific to their case before departing.

Keep Your Address Updated With USCIS

Moving to a new home can create an easily overlooked immigration issue: keeping USCIS informed of your current address. Individuals with pending immigration matters should make sure their contact information is current so that important notices, requests for evidence, appointment information, and other correspondence are not missed. Updating an address with the U.S. Postal Service does not necessarily update an address with USCIS, so immigrants should review the USCIS requirements that apply to their particular case.

State Department Expands Social Media Review for Visa Applicants

The Department of State continues to expand its online presence review as part of visa screening and vetting. The review already applies to several categories that may be relevant to individuals and families, including F-1 and M-1 students, F-2 and M-2 dependents, J-1 and J-2 exchange visitors, H-4 dependents, K fiancé visa applicants, and certain T and U visa applicants.

Beginning October 1, the Department expanded the policy to additional classifications, including I, TN, and TD applicants. Visa applicants should be aware that information available through their online presence may be considered during the visa adjudication process.

Public Charge Rules Have Changed

The Federal Government has changed its public charge policy, which may affect some individuals applying for permanent residence in the United States.

The government rescinded the 2022 public charge rule, changing the framework used to evaluate whether certain applicants may be considered likely to become a public charge. Immigration officers may consider an applicant’s individual circumstances and other relevant factors when making this determination.

Importantly, public charge rules do not apply to everyone. U.S. citizens are not subject to the public charge test, and many noncitizens are exempt, including refugees, asylees and certain individuals applying through humanitarian immigration programs such as U visas, T visas and VAWA.

Families should also understand that immigration public charge rules and eligibility for public benefits are separate issues. A change in immigration policy does not necessarily mean someone has become ineligible for a benefit they currently receive.

Individuals planning to leave the United States to complete the immigrant visa process at a U.S. embassy or consulate should also use caution, as the Department of State applies public charge requirements during consular processing.

Because public charge determinations depend heavily on an individual’s immigration category, application process, family circumstances and other factors, families should not cancel benefits or make immigration or travel decisions based on rumors, social media posts or fear about the policy.

If you are preparing to apply for a green card or are concerned about how public charge rules could affect your family’s immigration case, speak with a qualified immigration attorney about your individual circumstances.

El Salvador TPS: Check Your Work Authorization Carefully

Salvadoran TPS beneficiaries should carefully review their current immigration and employment authorization documents. USCIS has continued processing pending TPS and related Form I-765 applications, but having a pending work permit application does not, by itself, mean that you are currently authorized to work. Employment authorization depends on your individual TPS eligibility, EAD category, expiration date, and whether an applicable extension or other USCIS documentation covers your case.

Do not rely solely on an online USCIS case status showing that your work permit application is pending. If you are unsure whether your TPS or employment authorization remains valid, have your documents reviewed by a qualified immigration attorney before continuing or beginning employment.

For the latest government information, visit the USCIS Temporary Protected Status – El Salvador page.

Notarios Are Not Immigration Attorneys

Be careful who you trust with your immigration case. In the United States, a notary public or “notario” is not an attorney and is not authorized to provide immigration legal advice simply because they prepare immigration forms or documents. Notarios cannot represent individuals in immigration court or provide the legal representation that a licensed attorney or authorized accredited representative can provide. Incorrect advice or filings can result in missed deadlines, denied applications, or other serious consequences for an immigration case. Before paying someone for immigration assistance, verify that the person is legally authorized to provide immigration advice and representation.

Citizenship Test Preparation and Naturalization Assistance

At Monty & Ramirez LLP, our immigration attorneys help lawful permanent residents prepare for every stage of the citizenship process. Our team assists clients with evaluating eligibility for naturalization, preparing and filing Form N-400, gathering supporting documentation, and preparing for the USCIS civics and English interview. We also help clients identify potential issues before filing, including extended travel, prior immigration violations, criminal history concerns, or questions regarding continuous residence and good moral character. Becoming a U.S. citizen may provide important benefits, including voting rights, protection from deportation in many situations, and the ability to petition certain family members for immigration benefits. Families interested in learning more about the citizenship process may contact Monty & Ramirez LLP at 281-493-5529 for additional information or assistance.

October 2026 Visa Bulletin

Dates for Filing:

Protecting Your Family’s Future: Estate Planning for Immigrant Families

Immigration status is only one part of protecting your family’s future. Proper estate planning—including wills, trusts, guardianship designations, and powers of attorney—ensures your loved ones are cared for and your assets are protected, no matter what the future holds. For families navigating the immigration system, having a clear legal plan in place is especially important to safeguard minor children, manage property, and provide financial stability. At Monty & Ramirez LLP, we offer comprehensive estate planning services designed to give families peace of mind alongside their immigration strategy. Contact our office at 281-493-5529 to schedule a consultation and put a plan in place that protects what matters most.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at in**@*************aw.com