Latest H-1B Visa News, October 2026: The $100K Fee in Court, EO 14431, the PERM Suspension and Three DHS Proposals

The $100,000 fee was extended but is still blocked, an executive order put layoffs on the table, and DOL froze PERM for eight big sponsors. Here is what each one actually changes.

Part of our guide to PERM labor certification.

The latest H-1B visa news as of October 2026 comes down to seven items. The $100,000 fee was extended on paper but is still blocked by two courts and not collected. EO 14431 tells agencies to weigh employer layoffs, with no automatic denial. DOL has suspended PERM, not H-1B, for eight named employers. A $103,265 cap-subject fee is only proposed. Removing the worker 60-day grace period is proposed, and so is ending USCIS deference on extensions. And the FY2028 registration has not been announced.

If you are on F-1 OPT, STEM OPT or H-1B, most of the anxiety comes from headlines that blur those labels. Below, every item is labelled, dated and translated into what it changes for you.

Status line (as of 2026-10-14): In effect: Proclamation 11069 on paper, EO 14431 as a directive, the DOL PERM suspension, wage-weighted selection, and the final rule ending automatic EAD extensions. Blocked: collection of the $100,000 fee. Proposed: the $103,265 fee, the elimination of the worker 60-day grace period, and the removal of USCIS deference on extensions. Not announced: FY2028 registration.

Latest H-1B visa news: the October 2026 status board

The USCIS H-1B page is the source of truth for anything USCIS collects. Re-check it before any filing or travel decision.

H-1B fee news: Proclamation 11069 and the two court orders

On 2026-09-18 the President signed Proclamation 11069, which extends the original $100,000 H-1B entry restriction for 12 more months, through 2027-09-21. Earlier coverage predicting a lapse on 2026-09-20 was wrong; our Proclamation 11069 update covers the text.

The extension did not restart collection. Two separate court orders block it:

1. California v. Mullin (D. Mass., 2026-06-08) vacated the USCIS guidance implementing the fee. The government has appealed to the First Circuit, and the states' brief is due 2026-11-04.
2. Global Nurse Force v. Trump (N.D. Cal., 2026-09-30) blocked the agency policies implementing both the original proclamation and Proclamation 11069, and enjoined enforcement until the agencies go through notice and comment. The government filed a notice of appeal on 2026-10-09.

USCIS says it would collect the fee if the orders are lifted, and a third case, Chamber of Commerce v. DHS, which upheld the fee, is still undecided in the D.C. Circuit. The fee is blocked, not dead.

For the litigation history, see whether the $100k H-1B fee is still in effect; for the other presidential actions, see which H-1B executive orders and proclamations are in effect in 2026.

EO 14431: layoffs as an H-1B factor

Signed the same day, EO 14431 directs the State Department, DOL and DHS to take into account, in LCAs, petitions (including extensions), visas and admissions, whether a sponsor engaged in layoffs in the previous year, or plans layoffs, that negatively affect similarly situated US workers. It also directs DOL's Wage and Hour Division to begin reviewing previously filed LCAs within about 30 days, around 2026-10-18.

What the order does not do:

• It does not define "layoffs" or "similarly situated."
• It creates no automatic denial.
• As of this writing, no agency had published implementing guidance or a revised LCA form.

How adjudicators will apply an undefined factor is the open question, and one for your employer's immigration counsel. Our EO 14431 explainer goes section by section.

The DOL PERM suspension of 8 employers

On 2026-10-08, DOL announced it will not accept new, or process pending, PERM labor certifications involving Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. No end date or legal basis was stated, and as of this writing no written DOL notice had been found on its processing site.

PERM is the first step of the employment-based green card, not the H-1B. The suspension does not end anyone's H-1B status, and it does not stop these employers from filing H-1B petitions, transfers or extensions.

Where it can bite is the green card timeline. According to practitioner analysis, which is not an agency statement:

• An approved I-140 still supports three-year H-1B extensions past the six-year limit, and approved I-140s are not automatically revoked.
• The risk sits with one-year extensions past six years, which need a PERM or I-140 filed at least 365 days earlier.
• A PERM already pending 365 days or more may still support those extensions while it is suspended rather than denied.

If you work at one of the eight, take your PERM filing date, I-140 status and H-1B end date to an immigration attorney. Our PERM suspension breakdown covers the scenarios.

Proposal 1: the $103,265 cap-subject fee

The second fee in the news is a proposed rule (RIN 1615-AD20) that would charge $103,265 on cap-subject H-1B petitions, including F-1 to H-1B change of status. Cap-exempt petitioners would be exempt. Comments closed on 2026-09-24 with 11,706 comments, and there is no final rule.

Until a final rule publishes, nobody owes this fee, and a final rule's scope may differ from the proposal. Our breakdown of the $103,265 proposed rule covers who would pay it.

Proposal 2: eliminating the worker 60-day grace period

On 2026-09-11, DHS proposed removing the discretionary grace period of up to 60 days (RIN 1615-AD22) that H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN workers and their dependents can use after employment ends. Under the proposal, a worker would fall out of status the day after employment ends. Comments close on 2026-11-10.

Today, the 60-day grace period still applies. Our guide to the 60-day grace period after an H-1B layoff walks through the options that exist inside it: a new petition, a change of status, or departure. For the proposal itself, see what the DHS plan to eliminate the 60-day grace period would change.

This is not the F-1 60-day grace period after a program or OPT ends. That one is untouched by this proposal, and intact because the Duration-of-Status rule was blocked by a federal court on 2026-09-14.

Proposal 3: removing deference on extensions

On 2026-10-14, DHS published a proposed rule (RIN 1615-AD26) that would delete the regulation telling USCIS to defer to a prior I-129 approval involving the same parties and facts. It would reach all I-129 extension classes, including H-1B, L-1, O and TN. Comments close on 2026-11-13. It is proposed, and the current deference rule still applies. See what the deference proposal means for H-1B extensions, and our list of November 2026 comment deadlines.

What has not changed

As of October 2026:

• Wage-weighted selection is in effect (since 2026-02-27) and was used for FY2027.
• FY2028 registration has not been announced. March 2027 is an expectation, not a date. Watch the USCIS registration page.
• No interview waivers ("dropbox") for H-1B or H-4 stamping.
• Apply in your country of nationality or residence. Third-country stamping ended on 2025-09-06.
• Domestic (stateside) H-1B visa renewal is not back.
• The Proclamation 10998 travel ban covering 39 countries remains in effect, unchanged since 2026-01-01.
• Consular wait times move often. Check the live travel.state.gov wait-times page instead of any number in a blog post.
• The H-4 EAD still exists. The 2026-10-14 final rule ends only the automatic extension for renewals filed on or after 2025-10-30.

On OPT or STEM OPT and planning an H-1B? Do not travel while an OPT or STEM OPT I-765 is pending.

Old headline, current rule, what to do differently

A 15-minute weekly tracking routine

1. Check the USCIS H-1B page for any change in fee collection language.
2. Search the Federal Register for "H-1B" to catch a final rule on the $103,265 fee, the grace period or deference.
3. Note the court dates: the Mullin brief due 2026-11-04 and any Ninth Circuit action in Global Nurse Force.
4. Watch for EO 14431 guidance or a revised LCA form from DOL.
5. If your employer is one of the eight PERM-suspended firms, ask HR or counsel whether DOL has issued anything in writing.
6. Write down what changed and who to ask: an immigration attorney for H-1B, PERM and green card questions, or your DSO for anything touching F-1, OPT, STEM OPT or SEVIS.

This post explains how the rules work. It is not legal advice; your own I-797, I-94 or I-20 governs.

Common mistakes

• Treating "extended" as "collected." Proclamation 11069 extended the restriction, but the courts block collection.
• Reading EO 14431 as a denial rule. It is a factor with no definitions and, so far, no guidance.
• Mixing up PERM and H-1B. The DOL suspension does not cancel H-1B status or petitions.
• Planning a layoff response around a proposal. The worker 60-day grace period applies until a final rule.
• Trusting a FY2028 registration date from any source other than USCIS.

Frequently asked questions

Is the $100,000 H-1B fee being collected in October 2026?

No. Proclamation 11069, signed on 2026-09-18, extended the $100,000 entry restriction to 2027-09-21, but two court orders block the fee, California v. Mullin (2026-06-08) and Global Nurse Force v. Trump (2026-09-30). The government is appealing both, and USCIS says it would collect the fee if the orders are lifted.

Does EO 14431 mean H-1B petitions at companies with layoffs will be denied?

No. EO 14431, signed on 2026-09-18, tells agencies to take an employer's layoffs into account in LCAs and petitions, including extensions. It does not define layoffs, creates no automatic denial, and had no implementing guidance as of this writing.

Can Microsoft, Infosys or TCS still sponsor H-1B visas after the PERM suspension?

Yes. The DOL action announced on 2026-10-08 covers only PERM labor certification, the first green card step, for eight named employers. It does not touch H-1B petitions or status. How a PERM delay affects your green card timeline is a question for an immigration attorney.

Is the 60-day H-1B grace period gone?

No. DHS proposed eliminating the discretionary 60-day worker grace period on 2026-09-11, and comments close on 2026-11-10. Until a final rule is published, the current 60-day grace period applies. The proposal does not cover the F-1 grace period.

When is the FY2028 H-1B registration?

USCIS has not announced it. The wage-weighted selection rule, in effect since 2026-02-27, was used for FY2027 and has no proposed change. Watch the USCIS H-1B electronic registration page for official dates.

Sources

• Proclamation 11069: https://www.federalregister.gov/documents/2026/09/23/2026-19554/restriction-on-entry-of-certain-nonimmigrant-workers
• EO 14431: https://www.federalregister.gov/documents/2026/09/23/2026-19555/enhancing-program-integrity-and-interagency-coordination-in-the-administration-of-the-h-1b
• proposed $103,265 fee: https://www.federalregister.gov/documents/2026/08/25/2026-17324/fee-for-certain-h-1b-petitions
• proposed grace-period elimination: https://www.federalregister.gov/documents/2026/09/11/2026-18631/eliminating-the-discretionary-60-day-grace-period
• proposed removal of deference: https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility
• final rule ending automatic EAD extensions: https://www.federalregister.gov/documents/2026/10/14/2026-20955/removal-of-automatic-extensions-for-certain-employment-authorization-documents

Your job search does not have to stall while policy moves. If you want help targeting employers that sponsor and planning around your OPT, STEM OPT or H-1B timeline, talk to F1Jobs.