Recent Update: September 14, 2026 — DHS’s proposed rule titled “Optional Practical Training Fees” has completed review by the Office of Information and Regulatory Affairs (OIRA). OIRA concluded its review on Sept. 11, 2026, clearing the way for DHS to move forward with the next stage of the rulemaking process — expected to be the publication of the proposed rule in the Federal Register.
This page serves as an ongoing resource for monitoring proposed, pending and recently finalized policy changes that may affect employment-based immigration. As DHS, USCIS and DOL release updates through the Unified Agenda, Federal Register and related rulemaking notices, Envoy Global will continue to track key developments, expected timelines and potential impacts on employers and foreign national talent.
Rules Taking Effect Soon
These rules have completed the rulemaking process and have a confirmed effective date. Barring a court order or further agency action, employers should plan as if they will apply on schedule.
Public Charge Ground of Inadmissibility
Status: Final Rule
Effective Date: Sept. 18, 2026
DHS has issued a final rule rescinding the 2022 public charge regulation and revising how USCIS evaluates whether an applicant may become a public charge under INA § 212(a)(4). USCIS is expected to publish an updated Form I-485 before implementation.
On Sept. 14, 2026, a coalition of 22 states and Washington, D.C., along with several cities, filed lawsuits in the U.S. District Court for the Southern District of New York seeking to block the rule, arguing it exceeds DHS’s statutory authority. Absent court intervention, the rule remains scheduled to take effect Sept. 18, 2026. See the Federal Register final rule for the underlying regulatory text.
Published Rules Awaiting Final Agency Action
These proposals have been published in the Federal Register, and their public comment periods have closed. The responsible agency is currently reviewing stakeholder feedback and determining whether to issue a final rule. While no changes have taken effect at this stage, a final rule could be issued following completion of the agency’s review.
Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program (RIN 1205-AC29)
Status: Proposed Rule Under OIRA Review
Updated: Sept. 15, 2026
Department of Labor (DOL) has submitted its proposed rule, Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program, for review by the Office of Information and Regulatory Affairs (OIRA). OIRA received the proposal on Sept. 14, 2026, and review remains pending.
According to the DOL Employment and Training Administration (ETA), the proposal would modernize aspects of the PERM labor certification process, which has not been comprehensively updated since 2004. The agency states that the rulemaking is intended to improve standards for recruiting qualified U.S. workers, strengthen safeguards for U.S. workers impacted by layoffs and enhance employer compliance obligations related to recruitment, hiring and record retention requirements.
A proposed rule has not yet been published in the Federal Register. Additional details are expected once OIRA review is completed and the NPRM is released.
This placement would be consistent with how you’re handling the DHS OPT fee rule and the EB-5 fee rule, both of which are in the OIRA-review stage rather than the Unified Agenda/development stage.
Employment Authorization Reform for Asylum Applicants (RIN 1615-AC97)
Status: NPRM Published | Comment Period Closed
DHS published a proposed rule on Feb. 23, 2026, that would significantly revise employment authorization eligibility and processing requirements for individuals with pending asylum applications.
The proposal would extend the waiting period for initial asylum-based EADs, establish additional eligibility restrictions and modify adjudication timelines.
The comment period closed April 24, 2026. DHS is currently reviewing comments before deciding whether to issue a final rule.
Clarification of Discretionary Employment Authorization for Certain Aliens (RIN 1615-AC98)
Status: NPRM Published | Comment Period Closed
DHS published this proposed rule on June 5, 2026. The proposal would limit and clarify eligibility for discretionary employment authorization for certain individuals granted parole, deferred action or release under an order of supervision.
Potential Impact
The proposal would establish additional discretionary standards and may restrict employment authorization eligibility for certain individuals with criminal history or other adverse factors. DHS states the proposal is intended to strengthen public safety, national security and workforce protections.
Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the U.S. (RIN 1205-AC30)
Status: NPRM Published | Comment Period Closed
DOL published this NPRM on March 27, 2026 (DOL Docket No. ETA-2026-0001), proposing to revise how prevailing wages are calculated for the H-1B, H-1B1, E-3 and PERM programs by raising the four wage-level percentile thresholds. The public comment period closed May 26, 2026.
Potential Impact
The proposal could meaningfully increase required wage levels — DOL’s own data shows entry-level (Level I) prevailing wages rising by roughly 33% under the proposed methodology — and alter employer costs associated with sponsorship programs. DOL is currently reviewing comments before deciding whether to issue a final rule.
Awaiting Publication Following OIRA Review
Before certain rules can be proposed or finalized, they must undergo review by the White House Office of Information and Regulatory Affairs (OIRA). Rules in this section have recently completed, or are currently undergoing, OIRA review, making publication in the Federal Register the next expected step. In most cases, details of the proposal remain confidential until the rule is officially published.
DHS OPT Fee Rule Completes White House Review (RIN 1653-AB01)
Status: OIRA Review Completed
Updated: Sept. 14, 2026
DHS proposed rule titled ”Optional Practical Training Fees” has completed review by the Office of Information and Regulatory Affairs (OIRA). OIRA concluded its review on Sept. 11, 2026, with a designation of” Consistent with Change,” allowing DHS to move forward with the next stage of the rulemaking process.
DHS submitted the proposed rule to OIRA on Aug. 20, 2026. While DHS has not yet released details regarding the proposed fee structure, the rule remains classified as economically significant and major, indicating it could have a substantial impact on stakeholders.
A proposed rule has not yet been published in the Federal Register. Additional details are expected once DHS releases the proposal for public review and comment.
USCIS Advances EB-5 Fee Rule for White House Review (RIN 1615-AC93)
Status: Final Rule Under OIRA Review
Updated: Aug. 19, 2026
USCIS has submitted its Employment-Based Fifth Preference (EB-5) Fee Rule to OIRA for review; OIRA received it Aug. 19, 2026, and review remained pending as of this update. Because the submission is classified as a Final Rule, publication could bring fee changes to the EB-5 program.
Early-Stage Proposals
The following items are under consideration by DHS or DOL and have been included in the agencies’ Unified Agenda. Because proposed rule text has not yet been released, publication timelines remain uncertain and may be revised as the rulemaking process progresses.
DHS Proposes New Reforms to the H-1B Program (RIN 1615-AD00)
Status: Unified Agenda Proposal
DHS is developing a proposal that would revise H-1B cap exemption eligibility, expand oversight of third-party placements and increase scrutiny of employers with prior program violations.
The proposal could significantly affect employer compliance obligations and H-1B sponsorship strategies.
DHS Proposes to End Employment Authorization Eligibility for Certain H-4 Spouses (RIN 1615-AD14)
Status: Unified Agenda — Long-Term Action (NPRM date: To Be Determined)
DHS is considering a proposal that would eliminate employment authorization eligibility for certain H-4 spouses and effectively reverse the 2015 H-4 EAD rule.
The proposal could affect thousands of H-4 spouses currently relying on employment authorization. No proposed rule text has been published, and DHS has not set a target date for an NPRM.
Reform to Enhance the Integrity of the Civil Surgeon Program (RIN 1615-AC37)
Status: Proposed Rule in Development
DHS is developing a proposal that would strengthen standards, vetting requirements and reporting obligations for USCIS-designated civil surgeons.
Although aimed primarily at medical exam providers, the proposal could affect green card applicants by changing medical examination procedures and documentation requirements.