Blog · 2026-09-06

New US visa rules from September 2026: what changes for students, families and green card applicants

Fixed terms for F-1 and J-1, a new public charge test from September 18, up to 200,000 visitor visas revoked and a $103,265 H-1B fee - who is affected and what to do

What takes effect and when

September 2026 is the densest month of US immigration changes in years. The overview is below; the rest of this piece takes each item apart.

F-1, J-1 and I: the end of duration of status

What changes

For decades a student entered the US with D/S on the I-94: as long as you were enrolled and following the rules, you were in status, with no exit date. The DHS final rule published in the Federal Register on July 17, 2026 and effective September 15 ends that. The I-94 will now carry an Admit Until Date equal to the program end date on the I-20 or DS-2019, capped at four years from entry, plus a 30-day grace period instead of the old 60.

If your program runs longer than four years (a typical PhD), if you fall behind schedule, or if you move on to OPT, you need an extension. Until now your university's international office handled that through SEVIS; from September 15 it goes to USCIS only: Form I-539, a filing fee ($420 online or $470 on paper - a government fee), mandatory biometrics and a substantive review. Premium processing is not available at launch, and I-539 processing times run into months. The alternative is to leave and re-enter on a new I-20, with the border risk that entails.

Program changes are restricted too: starting a new program at the same or a lower level (a second bachelor's, a language course after a master's) now requires separate approval.

Who is affected right now

If you entered on D/S before September 15, the rule does not move you to the new system automatically. You stay on D/S with the 60-day grace period until one of two triggers: you leave and re-enter, or you file for an extension or change of status. At that point your I-94 gets a hard date and the 30-day window. In practice, any trip home after September 15 puts you on the new rules.

What students should do

• Compare the program end date on your I-20 or DS-2019 with your real timeline. For a five- or six-year program, start the extension conversation with your DSO six to eight months ahead, not 30 days.
• Plan your travel: every entry after September 15 fixes a new date.
• OPT and STEM OPT do not extend your stay by themselves: check whether your Admit Until Date covers the training period.
• Budget for fees and biometrics for each family member.
• A change-of-status package (H-1B, O-1) should be ready before the program ends; do not count on the 30-day window.

H-4 families and other dependent statuses

Dependents are being squeezed from two sides. First, the proposed elimination of the 60-day grace period for H-1B, H-1B1, L-1, O-1, TN, E-1, E-2 and E-3 workers extends to their families. If the principal is laid off, the entire family falls out of status the same day. Second, the administration has announced a forthcoming rule ending work authorization for H-4 spouses, with no date yet. If a household's second income runs on an H-4 EAD, plan your finances now.

H-4 holders with their own credentials (publications, a leadership role, above-market compensation) should look at an independent route through O-1 or EB-2 NIW.

Public charge from September 18: a green card checklist

What changed

The 2022 rule gave a clear frame: only cash assistance and long-term institutionalization at government expense counted, and Medicaid, SNAP, CHIP and housing subsidies were expressly excluded. The DHS rule of July 20, 2026, effective September 18, rescinds that frame without replacing it. Instead, officers assess the totality of circumstances: age, health, family status, assets, education and skills. Not just receipt of means-tested benefits counts, but also applying for them.

The rule applies to I-485s postmarked or e-filed on or after September 18 and to applications for admission from that date. Benefits received before September 18 are assessed under the 2022 standards. Only refugees, asylees and humanitarian categories are exempt; family-based and employment-based applicants are not. Consular officers were retrained on the new standard over the summer, so expect tougher interviews.

Checklist before filing I-485 after September 18

• Sponsor income. The I-864 affidavit of support is still mandatory, but meeting the 125% federal poverty guideline on paper no longer guarantees anything. Three years of tax returns, W-2s or 1099s, an employer letter, 12 months of bank statements. Borderline income means a joint sponsor now, not after a request.
• Health insurance. Private or employer coverage without subsidies is a strong plus. No coverage plus chronic conditions on the I-693 is a weak spot.
• Benefits history. Written confirmation for every household member. If US-citizen children received CHIP or SNAP, address it in a cover letter.
• Assets. Account statements, property valuations, brokerage reports. Liquid assets offset weaknesses elsewhere.
• Education and English. Diplomas, certificates, licenses - the rule names them explicitly as factors.
• A complete package. Since August 5, USCIS may deny without an RFE if a required initial document from the form instructions is missing. A denial means a lost fee and possible trouble with your status.

If you can file before September 18, file. The rule itself says the filing date is decisive.

Visitor visas and an asylum history

In late August it emerged that the State Department plans to revoke up to 200,000 B-1/B-2 visas issued between 2016 and 2026 to people who later applied for asylum in the US. It is the largest visa revocation in US history, is rolling out in stages, and will be litigated. Revocation is not deportation: those with pending cases keep their procedural status. But you cannot return on that visa after leaving.

The logic mirrors the permanent visa bond program the State Department finalized on August 3, 2026: a bond of $10,000, $15,000 or $20,000 for applicants from 50 countries, refunded on timely departure and forfeited on overstay or an asylum claim. Visa issuance to those countries has already dropped 83%. A tourist visa and an asylum application are now officially incompatible.

If you hold a B-1/B-2 and have or had an asylum application (your own or through your parents): do not leave or check the visa's status without a lawyer, and do not plan on returning on that visa. If asylum was denied and you now live elsewhere, treat the visa as lost and prepare a fresh application with full disclosure of your history.

H-1B: a $103,265 fee and the end of the grace period

On August 24, 2026 DHS proposed a $103,265 fee on every cap-subject H-1B petition, meaning new hires through the annual lottery. Extensions, transfers and petitions from cap-exempt universities and research institutes are not covered. DHS projects roughly $8.8 billion a year from 85,000 petitions. Comments close September 24, then a final rule follows. For startups and mid-sized companies this is effectively the end of hiring through the lottery; big tech will absorb it.

In parallel, DHS proposed eliminating the 60-day post-termination grace period for H-1B, L-1, O-1, TN, E-1, E-2, E-3 and their families. Once it is gone, status ends on the day of termination; you need a plan B now, not when the rule takes effect.

The fine print that hits harder than the headlines

Advance parole. On August 13 the BIA in Matter of Delcarmen-Lara overruled the 2012 Arrabally precedent and held that leaving on advance parole is a genuine departure for the three- and ten-year unlawful presence bars. The decision applies to travel after August 13, 2026. If your history includes more than 180 days without status and you are waiting for a green card, a trip on advance parole can now trigger a bar. Do not travel without a lawyer's analysis.

Birth tourism. On June 30 the Supreme Court in Trump v. Barbara upheld birthright citizenship for everyone born on US soil, 6-3. The administration responded with executive orders on August 6 and a Birth Tourism Prevention Task Force that started work on August 12; more than 600 visas have already been revoked from suspected birth tourists. The child's citizenship is not in question, but the parents lose their visas and future entry. Concealing a pregnancy or a medical plan from the consul or the border officer now risks a permanent bar.

Alternatives: where to move if your track is closing

Every measure above targets mass categories. Routes for skilled professionals, entrepreneurs and investors are touched far less.

We covered O-1 in detail in our O-1 visa in 2026 article, and the broader logic of talent routes is on the talent visas page. For self-petitioned green cards see EB-1 and EB-2 NIW.

E-2 through a second citizenship

E-2 is the one category on the list where the passport decides. Russia, Belarus, India, China, Brazil and Vietnam have no treaty of commerce and navigation with the US, so their citizens cannot apply. Citizenship of Grenada, Turkey or Montenegro solves that: a treaty-country citizen invests in a US business and gets E-2 for themselves, a spouse with work authorization, and children. We cover citizenship-by-investment programs with E-2 in mind in our second citizenship section. E-2 requires an operating business, not a passive investment, and does not lead to a green card by itself.

The tax tail people forget

Any of these routes makes you a US tax resident under the substantial presence test, usually in the first year: tax on worldwide income, foreign account reporting (FBAR, Form 8938), and CFC rules. F-1 students are exempt individuals for their first five calendar years and do not become residents; moving to H-1B or O-1 removes that shield. Asset structuring happens before the move: selling a business a month before residency starts and a month after are very different tax bills. Compare regimes in our taxes by country section and see the US specifics on the US taxes page.

The whole picture for the country (visas, green cards, citizenship, taxes) is on our United States page. If the task is bigger than one visa and involves moving a family and a business, start with our relocation service: we first work out which track is realistic for your profile, then assemble the documents.

FAQ