Bingol Law | October 2026 Newsletter
Greetings to everyone!
We are pleased and excited to share our October 2026 U.S. Immigration Newsletter with you. We have left behind a month marked by significant developments in U.S. immigration law. New federal regulations and evolving court proceedings have continued to reshape immigration practices for families, skilled workers, employers, and international students across the United States.
We would like to share the key legal developments that caught our attention in October 2026. Let’s take a closer look at what happened and what these changes mean for your immigration journey.
Key Takeaways: October 2026 U.S. Immigration Highlights
- Green Card Lottery Temporarily Suspended: Following an October 14 court order requiring DV-2027 registrations to open by November 1, the U.S. Court of Appeals for the Ninth Circuit issued a temporary stay on October 29, 2026. The lottery is not canceled, but registration dates remain on hold pending appeal.
- H-1B $100,000 Additional Fee Relief: U.S. immigration authorities have begun approving H-1B visa petitions without requiring the controversial $100,000 additional fee, providing major cost relief to sponsoring employers and foreign professionals.
- DHS Ends Automatic EAD Extensions: The Department of Homeland Security (DHS) terminated automatic extensions for certain Employment Authorization Documents (EADs), increasing the risk of employment gaps if renewal applications face processing delays.
- Proposed $70,000–$100,000 F-1 OPT & STEM OPT Fees: On October 7, 2026, DHS proposed a new rule imposing a $70,000 fee for initial OPT and an additional $30,000 for 24-month STEM OPT extensions on universities (which could pass costs on to F-1 students or employers). Public comments remain open until November 9, 2026.
1. Green Card Lottery Temporarily Suspended
The time of year that everyone dreaming of the American Dream has been waiting for has arrived, bringing with it an important legal development regarding the Diversity Visa (DV) program.
According to the federal court ruling issued on October 14, 2026, DV-2027 Green Card lottery registrations were required to open no later than November 1, 2026. However, on October 29, 2026, the U.S. Court of Appeals for the Ninth Circuit temporarily stayed this requirement following an appeal filed by the U.S. government.
The Green Card lottery has not been canceled. However, until the appellate process is resolved, uncertainty remains regarding when the official DV-2027 registration window will open.
You can follow our page for immediate updates once the official registration schedule is announced by the U.S. Department of State.
2. U.S. Begins Approving H-1B Petitions Without the Controversial $100,000 Additional Fee
U.S. immigration authorities have begun approving H-1B specialty occupation petitions without requiring the controversial $100,000 additional fee, which has recently sparked intense debate among U.S. employers and foreign workers.
This development provides significant relief, particularly for employers facing increased compliance and filing costs and for skilled foreign professionals seeking specialty occupation employment opportunities in the United States.
The new adjudication practice is being viewed across the business and legal communities as a positive step that may ease the financial burden associated with H-1B petitions and facilitate the timely adjudication of pending cases.
Employers and immigration law professionals recommend reviewing the status of existing H-1B petitions under the new practice and closely monitoring further agency guidance.
3. DHS Ends Automatic Extensions of Employment Authorization for Immigrants
The U.S. Department of Homeland Security (DHS) announced the termination of automatic extensions previously available for certain Employment Authorization Documents (EADs).
Under the new policy, the automatic protection mechanism that had allowed eligible individuals to continue working legally in the United States while their timely filed EAD renewal applications (Form I-765) were pending has been eliminated. As a result, USCIS delays in processing EAD renewal applications may have much more significant consequences for individuals whose work authorization is approaching its expiration date.
4. Potential Impact of Newly Proposed Fees on International Students (F-1 OPT & STEM OPT)
On October 7, 2026, the U.S. Department of Homeland Security (DHS) proposed a new regulation concerning the Optional Practical Training (OPT) program, which allows international students holding F-1 student visas to obtain U.S. employment authorization following graduation. The proposal would introduce substantial fees for educational institutions associated with the OPT program.
Under the proposed regulation:
- Initial OPT Employment Authorization: A fee of $70,000 would apply to an initial post-graduation OPT application.
- 24-Month STEM OPT Extension: An additional fee of $30,000 would apply for the 24-month STEM OPT extension, potentially bringing the combined total cost to $100,000.
Although the payment obligation would technically fall on the educational institution in which the student is enrolled, universities would be permitted under the proposal to pass these costs on to international students or their sponsoring U.S. employers.
DHS states that the proposed regulation aims to limit the employment of foreign workers and support domestic employment. However, universities, higher education associations, and legal professionals have raised serious concerns that these substantial costs could significantly affect international student admissions and post-graduation career opportunities in the United States.
Important Status Update: The regulation remains at the proposed rule stage, and the federal public comment period is expected to remain open until November 9, 2026. Accordingly, these amounts should not be regarded as finalized fees at this time.
If the proposal is ultimately adopted, we recommend that international students currently studying in the United States on F-1 visas consult their respective universities’ Designated School Officials (DSOs) and qualified immigration counsel regarding how the new OPT policy may affect their individual circumstances and long-term visa options.
5. October 2026 U.S. Immigration Developments: At-a-Glance Comparison
| Immigration Program | October 2026 Development | Key Dates & Current Status | Recommended Next Step |
|---|---|---|---|
| DV-2027 Green Card Lottery | Ninth Circuit temporarily stayed the Oct 14 court order requiring registration to open by Nov 1. | Stay issued Oct 29, 2026; lottery is not canceled, registration pending appeal. | Monitor official DOS schedule announcements and explore backup visa options. |
| H-1B Specialty Occupation Visas | USCIS began approving H-1B petitions without requiring the controversial $100,000 additional fee. | Active adjudication practice as of October 2026. | Review pending H-1B petitions with legal counsel and proceed with eligible filings. |
| EAD Work Permits (Form I-765) | DHS terminated automatic extensions previously available for certain EAD renewal categories. | Policy announced October 2026; renewal delays can cause employment gaps. | File EAD renewals as early as permitted to prevent work authorization lapses. |
| F-1 OPT & STEM OPT Program | DHS proposed a $70,000 initial OPT fee + $30,000 STEM OPT fee ($100,000 total) on universities. | Proposed on Oct 7, 2026; public comment open until Nov 9, 2026 (not yet final). | Consult university DSOs and plan early for post-graduation visa transitions. |
6. Frequently Asked Questions (FAQ) – October 2026 Immigration Updates
Is the DV-2027 Green Card lottery canceled?
No. The DV-2027 Diversity Visa lottery has not been canceled. While the U.S. Court of Appeals for the Ninth Circuit issued a temporary stay on October 29, 2026—pausing an October 14 order that would have required registrations to open by November 1—the program remains intact while the appeal is litigated.
Do employers currently have to pay the $100,000 additional fee for H-1B approvals?
U.S. immigration authorities have begun approving H-1B petitions without requiring the $100,000 additional fee. Employers with pending or planned H-1B petitions should review their case status with immigration counsel to take advantage of current adjudication practices.
What happens now that DHS has ended automatic EAD extensions?
Because DHS eliminated the automatic extension mechanism for certain Employment Authorization Documents (EADs), applicants can no longer rely on a pending renewal receipt notice to continue working past their current card’s expiration date. Filing renewals at the earliest eligible date is critical.
Are F-1 international students required to pay $70,000 for OPT right now?
No. The $70,000 initial OPT fee and $30,000 STEM OPT extension fee announced on October 7, 2026, are part of a proposed rule, not a finalized regulation. The public comment period runs through November 9, 2026, and current F-1 students should stay in close contact with their university international student offices.
7. Staying Informed with Bingol Law Firm
As U.S. immigration policies continue to evolve, staying informed is more important than ever. At Bingol Law, we remain committed to keeping you up to date with the latest legal developments and helping you navigate an ever-changing immigration landscape with strategic, personalized legal representation.
Thank you for following our October newsletter. Stay tuned for more updates in our November edition!
Bingol Law – Trusted Experience. Your American Future Starts Here.
New York Office: 100 Church Street, 8th Floor, New York, NY 10007
Chicago Office: 6160 N Cicero Ave, Chicago, IL 60646
Phone: +1 (332) 284 4152
Email: info@bingollaw.com
Bingol Law Firm