H-1B Visa News, November 2026: Three Appeals, Three Unpublished Rules and This Month's Deadlines
Three appeals courts, three draft rules nobody can read yet and five dates in ten days. Here is what is true for H-1B workers today and what to watch in November.
Part of our guide to the $100,000 H-1B fee.
H-1B visa news, as of November 1, 2026: the $100,000 fee is still blocked and not collected, with three appeals pending. The worker 60-day grace period still applies; a proposal to end it is open for comment until November 10. Ending USCIS deference on extensions is only proposed, with comments due November 13. Three rules are unpublished: two USCIS drafts under White House review and a DOL PERM draft that cleared review on October 23. From November 9, USCIS accepts only the 09/09/26 Form I-129. The FY2028 lottery is not announced.
This edition tracks the latest H-1B news from October 13 onward; our October 2026 H-1B news roundup covers the events before that.
H-1B visa news today: what is true, scheduled and proposed
As of November 1, 2026, the core H-1B rules are where they were in mid-October. The $100,000 fee is blocked by court orders and not collected, and the 60-day grace period and extension deference still apply. What is new is a mandatory I-129 edition from November 9, two comment deadlines and three unpublished draft rules.
H-1B status board, as of 2026-11 (checked November 1, 2026)
| Item | Status | Next date | What it means today |
|---|---|---|---|
| $100,000 fee (Proclamation 11069) | Proclamation in effect on paper to 2027-09-21; fee blocked | Appeal briefs 11-04 and 11-06 | No $100,000 is collected |
| Worker 60-day grace period | In effect; ending it proposed (RIN 1615-AD22) | Comments close 11-10 | A job loss today gets the current grace period |
| Deference on extensions | In effect; removing it proposed (RIN 1615-AD26) | Comments close 11-13 | Current deference applies |
| H-1B reform and premium-processing rules | Under OIRA review; no text | Unknown | Nothing changes yet |
| DOL PERM recruiting rule | Cleared OIRA 10-23; not published | Unknown | Current PERM rules apply |
| Form I-129 edition | Scheduled: 09/09/26 only | 11-09 | Older edition rejected from 11-09 |
| EO 14431 (layoffs as a factor) | In effect as a directive; no guidance found | None announced | No automatic denial |
| PERM suspension, 8 employers | In effect; PERM only | No end date | H-1B petitions not suspended |
| FY2028 registration | Not announced | 30 days' notice | Weighted selection stays |
Is the $100,000 H-1B fee being collected? Where the three appeals stand
No. Courts set aside the agency policies that implement the fee, so USCIS is not collecting it as of November 1, 2026. Proclamation 11069 itself still stands on paper and runs "until 12:00 a.m. eastern daylight time on September 21, 2027," per the Federal Register text.
USCIS's Form I-129 page, updated October 30, says a court "vacated agency guidance implementing the $100,000 payment requirement," and adds: "If this order is later lifted, DHS still plans to collect the payment." The G-1055 fee schedule still prints a $100,000 line; that is not evidence of collection.
- California v. Mullin, 1st Cir. No. 26-1699. The guidance was vacated and the government appealed. The states' answering brief is due November 4; no argument date is set (docket; check it after November 4).
- Global Nurse Force v. Trump, 9th Cir. No. 26-6667. The district court's September 30 order says "The Agency Policies are VACATED and REMANDED," with no relief against the proclamations themselves. The government's opening brief is due November 6 and the plaintiffs' answering brief December 4 (Ninth Circuit schedule; check the docket after November 6). No Ninth Circuit stay motion has been found.
- Chamber of Commerce v. DHS, D.C. Cir. No. 25-5473. The district court upheld the fee; the appeal was argued 2026-03-09 and no decision had been found through late October (docket).
A brief is not a ruling. Even if collection resumed, USCIS said on 2026-09-21 that change-of-status, amendment and extension requests it grants inside the US were never covered; a denied change of status or a consular-notification petition would be. The effect is already visible: the Congressional Research Service (Insight IN12747, 2026-10-14) found initial consular H-1B petitions from cap-exempt employers fell 91% in the fee's first eight months. For the full history, see whether the $100,000 H-1B fee is still in effect.
This month's comment deadlines: November 10 and November 13
Neither DHS proposal below is in effect, and a closed comment period does not make either one final; only a final rule published in the Federal Register would.
Does the 60-day H-1B grace period still apply?
Yes. The current discretionary grace period of up to 60 days (or until the I-94 ends, if sooner) still applies to a worker whose employment ends today, and your own I-94 governs. The proposal to eliminate it (RIN 1615-AD22) had about 27,000 comments on November 1 and closes November 10, 2026, at 11:59 p.m. ET.
It would remove 8 CFR 214.1(l)(2) for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. Only the 214.1(l)(1) window of up to 10 days after the validity period would remain, and it runs from the petition's end date, not from a layoff. No 30-day or 180-day H-1B grace period exists or is proposed, and the F-1 grace period is a separate rule. See what happens after the November 10 deadline.
Is USCIS ending deference on H-1B extensions?
Not yet. The deference proposal, published October 14 (RIN 1615-AD26, docket USCIS-2026-0529), would delete 8 CFR 214.1(c)(5) for all I-129 extensions. Comments are due "on or before November 13, 2026"; about 400 had been filed by November 1.
DHS's own estimate in the proposal is about 6,044 extra RFEs a year across 208,429 affected petitions. Meanwhile USCIS policy alert PA-2026-05 (in effect since 2026-08-05, challenged in AAUP v. Mullin) already lets officers deny without an RFE when required initial evidence is missing. The proposal also reaches O-1, L-1, TN and E-3; see the deference proposal beyond H-1B.
What new H-1B rules are coming? Three drafts nobody can read yet
"Under OIRA review" means the White House Office of Information and Regulatory Affairs holds an unpublished draft: no text and no comment period until a proposal is published.
Unpublished rules affecting H-1B workers, as of 2026-11
| Rule (RIN) | Where it is | What the public record says |
|---|---|---|
| Reforming the H-1B Nonimmigrant Visa Classification Program (1615-AD00) | At OIRA since 2026-08-24 | Abstract: "revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements" |
| Amending the Premium Processing Timeframe (1615-AD25) | At OIRA since 2026-10-13 | Not economically significant; direction not public |
| Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program (1205-AC29, DOL) | Cleared OIRA 2026-10-23, "Consistent with Change"; flagged Major; unpublished | DOL: "improving the minimum standards for recruiting," layoff safeguards, non-discriminatory recruitment |
Sources: OIRA's rules under review, the 1615-AD00 agenda entry, the 1615-AD25 review record and OIRA's completed-review list.
Until any is published and finalized, current rules apply; premium processing for most I-129s is still 15 business days (USCIS). We cover each one separately: the H-1B reform rule, the premium-processing rule and the PERM proposal.
Also still proposals: the $103,265 cap-subject fee (RIN 1615-AD20; comments closed 09-24) and DOL's prevailing-wage rule (RIN 1205-AC30). For H-4 spouses, no proposed or final rule ends the H-4 EAD; DHS lists a long-term agenda item (RIN 1615-AD14) with no proposal date. A final rule (in effect since 2026-10-14) did end automatic EAD extensions for renewals filed on or after 2025-10-30; see H-4 EAD news for November.
Did DOL ban Microsoft or Infosys from H-1B?
No. The suspension DOL announced on October 8 covers PERM labor certification only at Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. As Mayer Brown put it, it "does not suspend any employer from the H-1B program." As of November 1, DOL had issued no written notice, stated basis or end date.
After our October edition, Cloudera settled the government's allegations on October 16 with a two-year PERM debarment, a $600,000 penalty and a $1.4 million back-pay fund for US applicants to seven PERM jobs, and Instacart settled for $5 million on October 20. Neither is an H-1B suspension; see the Cloudera and Instacart settlements. DOL's H-1B debarment list, "effective as of October 1, 2026," names six willful violators, none of them among the eight.
If your PERM is at one of the eight firms, the question is AC21. Practitioners read a suspended PERM as still counting toward one-year extensions beyond six years; that is practitioner analysis, not agency guidance, and an administrative closure would change it. See AC21 options with an approved I-140.
Separately, Microsoft offered voluntary buyouts, not layoffs, to about 60,000 employees on October 26 (CNBC); leavers exit 2026-12-31. Today an H-1B worker gets up to 60 days after employment ends, and that changes only if the grace-period proposal becomes final. Read our Microsoft buyout guide for H-1B holders and talk to an immigration attorney before accepting.
EO 14431: still no rulebook for the layoff factor
EO 14431 (signed 2026-09-18) makes an employer's layoffs a factor in H-1B decisions and gave DOL's Wage and Hour Division about 30 days, to roughly October 18, to begin reviewing prior LCAs. As of November 1 there is no public DOL, USCIS or State guidance, no revised ETA-9035 and no DOL statement that the review began. It defines nothing and creates no automatic denial; see our EO 14431 explainer. No new presidential document on H-1B appeared in the Federal Register from October 1 through November 1.
November 9: the I-129 edition switch and the address cutoff
USCIS's I-129 page is blunt: "Starting Nov. 9, 2026, we will accept only the 09/09/26 edition." The grace period for old mailing addresses, which changed on October 7, ends the same day (filing-locations update).
Old rule, new rule, what to do differently (scheduled for 2026-11-09)
| Item | Until now | From November 9 | What to do differently |
|---|---|---|---|
| Form I-129 edition | 02/27/26 or 09/09/26 accepted | Only 09/09/26; the 02/27/26 edition counts only if postmarked or e-filed before 11-09 | Ask the employer's attorney which edition your petition uses |
| Mailing addresses (I-129, I-765, I-539, I-485, I-907 and others) | Pre-October 7 addresses accepted | Old addresses count only if postmarked on or before 11-09 | Check the form's own page for the address before anything is mailed |
Not new, but often missed: since September 9, covered employers (50 or more US employees, more than half in H-1B or L-1 status) owe the $4,000 9-11 fee on H-1B extensions postmarked through 2027-09-30, and PA-2026-16 (October 27) confirmed the $4,500 L-1 fee now reaches L-1 extensions. Checklist: the November 9 USCIS deadline.
When is the next H-1B lottery?
Not announced. Under 8 CFR 214.2(h)(8)(iii)(A)(3), USCIS must give at least 30 calendar days' notice, and its registration page still shows FY2027 (March 4-19, $215). Wage-weighted selection stays in effect. For scale, FY2026 drew 343,981 eligible registrations and 120,141 selections. See expected FY2028 dates.
On OPT? Cap-gap runs to April 1 of the fiscal year requested only for a timely, cap-subject change-of-status petition; cap-exempt petitions get none. Confirm your dates with your DSO.
H-1B news for India
Nothing India-specific changed. Secretary Rubio told the Indian Express on October 20 the visa changes are "not about India, this applies globally" (transcript). H-1B and H-4 applicants, renewals included, interview in person, and their online presence has been reviewed since 2025-12-15. Waits change monthly, so check State's Global Visa Wait Times page, not a forum. On the employer side, CRS reports that Cognizant, Infosys and Tata submitted 100%, 91% and 95% fewer FY2027 registrations. Lost a job while in India? Read laid off on H-1B while abroad first.
Politics: Vance, Congress and December 11
In early October, Vice President Vance said "the H-1B program is completely broken" and "I'd be very supportive of just eliminating it." In the same remarks he added, "But while we have it, what we have to do is protect American workers," and told listeners to "tell your congressman to fix this program" (KATV). No bill, rule or order followed, and only Congress can abolish H-1B. Every pending H-1B bill is introduced and referred, none has passed a chamber, and all die on 2027-01-03 if not enacted; see is the H-1B visa being eliminated.
Congress returns November 9, after the November 3 midterms. Unless Congress passes funding by 2026-12-11, a lapse would also reach DOL, which the February-April 2026 DHS-only lapse did not. By precedent, practitioners report that DOL's LCA, PERM and prevailing-wage processing could stop; fee-funded USCIS kept processing through that 76-day DHS lapse. See what a December shutdown would mean.
What to do this month, date by date
- Check the California v. Mullin docket after November 4 and the Global Nurse Force Ninth Circuit docket after November 6, then the USCIS I-129 page for new fee language.
- Ask your employer's immigration attorney before November 9 whether any I-129 being prepared for you uses the 09/09/26 edition and the new filing address.
- Comment, if you choose, on the grace-period proposal at Regulations.gov by 11:59 p.m. ET on November 10. Comments are public, so leave out case numbers.
- Comment on the deference proposal (docket USCIS-2026-0529) by November 13, if you choose.
- Look up your employer in the USCIS H-1B Employer Data Hub, which now says it covers FY2026 Q4.
- Bookmark our rules and court calendar to March 2027.
Common mistakes
Headline, then correction (as of 2026-11-01)
| What you may have read | What is true |
|---|---|
| "The $100k fee is back" or "gone for good" | Blocked; the proclamation stands on paper to 2027-09-21 |
| "The court struck down the proclamation" | Courts vacated the agency policies only |
| "Microsoft, Infosys or TCS can't sponsor H-1B" | Only PERM is suspended at eight firms |
| "The H-1B grace period is gone" or "now 30 days" | Still up to 60 days; removal is a proposal |
| "EO 14431 auto-denies extensions" | No definitions, no automatic denial, no guidance found |
| "Premium processing is getting slower" | RIN 1615-AD25's direction is not public |
| "Cloudera's suspension ends in November" | Settled 10-16 as a two-year PERM debarment |
| "The FY2028 lottery opens in March" (as fact) | Not announced; 30 days' notice required |
| "Vance says H-1B is ending" | A remark, not a policy; only Congress can abolish H-1B |
Frequently asked questions
Is the $100,000 H-1B fee being collected now?
No. As of November 1, 2026, the fee is blocked and not collected because courts vacated the agency policies that implement it, though Proclamation 11069 stands on paper until 2027-09-21. The government is appealing, and USCIS says DHS still plans to collect the payment if the order is later lifted.
Is the H-1B 60-day grace period still in effect?
Yes. The current discretionary grace period of up to 60 days applies as of November 1, 2026. DHS proposed eliminating it for H-1B, H-1B1, L-1, O-1, TN and E workers and dependents, and comments close on 2026-11-10 at 11:59 p.m. ET. A proposal is not a final rule, and it does not cover the F-1 grace period.
What new H-1B rules are coming?
Three drafts are unpublished as of November 1, 2026. USCIS's H-1B reform proposal (RIN 1615-AD00) has been under White House review since 2026-08-24 and a premium-processing timeframe proposal (RIN 1615-AD25) since 2026-10-13, while DOL's PERM labor-market-test proposal (RIN 1205-AC29), a green card rule, cleared review on 2026-10-23. None has public text, so current rules apply.
Did DOL ban Microsoft or Infosys from H-1B?
No. The suspension DOL announced on 2026-10-08 covers PERM labor certification, the first green card step, for eight named employers, and it does not suspend anyone from the H-1B program. As of November 1, 2026, DOL has published no written notice, basis or end date. Ask your employer's immigration attorney how it affects your green card timeline.
When is the next H-1B lottery?
USCIS has not announced FY2028 registration as of November 1, 2026. It must give at least 30 calendar days' notice, and March 2027 is only an expectation based on past seasons. Wage-weighted selection, in effect since 2026-02-27, stays in place, so watch the USCIS H-1B electronic registration page.
Sources
- USCIS: Form I-129, G-1055, H-1B registration, filing locations, Employer Data Hub
- Federal Register: Proclamation 11069, grace-period proposal, deference proposal
- CourtListener: California v. Mullin, Global Nurse Force order and Ninth Circuit schedule, Chamber of Commerce v. DHS
- Reginfo.gov: rules under review, 1615-AD00, 1615-AD25, completed reviews
- DOL debarment list; DOJ Cloudera settlement; CRS IN12747; USCIS PA-2026-16; State Rubio interview and visa wait times
- Reporting and analysis: Mayer Brown on the PERM suspension, CNBC on the Microsoft buyouts, KATV on Vance's remarks
How we checked this: we read the government pages, court filings and news reports cited above on November 1, 2026, and checked each quotation against the page it links to; deadlines after that date are written as scheduled, and a filing deadline is not a ruling.
This is general information, not legal or tax advice; your own I-797, I-94 and attorney (or DSO, for OPT and cap-gap questions) govern your case.
If you are planning an extension, a job change or an OPT-to-H-1B move around these dates and want help with the job-search side, talk to F1Jobs.
Frequently asked questions
Is the $100,000 H-1B fee being collected now
No. As of November 1, 2026, the fee is blocked and not collected because courts vacated the agency policies that implement it, though Proclamation 11069 stands on paper until 2027-09-21. The government is appealing, and USCIS says DHS still plans to collect the payment if the order is later lifted.
Is the H-1B 60-day grace period still in effect
Yes. The current discretionary grace period of up to 60 days applies as of November 1, 2026. DHS proposed eliminating it for H-1B, H-1B1, L-1, O-1, TN and E workers and dependents, and comments close on 2026-11-10 at 11:59 p.m. ET. A proposal is not a final rule, and it does not cover the F-1 grace period.
What new H-1B rules are coming
Three drafts are unpublished as of November 1, 2026. USCIS's H-1B reform proposal (RIN 1615-AD00) has been under White House review since 2026-08-24 and a premium-processing timeframe proposal (RIN 1615-AD25) since 2026-10-13, while DOL's PERM labor-market-test proposal (RIN 1205-AC29), a green card rule, cleared review on 2026-10-23. None has public text, so current rules apply.
Did DOL ban Microsoft or Infosys from H-1B
No. The suspension DOL announced on 2026-10-08 covers PERM labor certification, the first green card step, for eight named employers, and it does not suspend anyone from the H-1B program. As of November 1, 2026, DOL has published no written notice, basis or end date. Ask your employer's immigration attorney how it affects your green card timeline.
When is the next H-1B lottery
USCIS has not announced FY2028 registration as of November 1, 2026. It must give at least 30 calendar days' notice, and March 2027 is only an expectation based on past seasons. Wage-weighted selection, in effect since 2026-02-27, stays in place, so watch the USCIS H-1B electronic registration page.