New F/J Visa Rules Take Effect Sept. 15; Last Chance for Graduate Students to Transfer Schools or Majors

New F/J Visa Regulations Effective Next Week

The new student visa regulation that previously sparked widespread discussion among international students will officially take effect next Tuesday, September 15. The most significant change is the elimination of the "Duration of Status" (D/S) policy for F, J, and certain I-class visa holders, replacing it with a fixed duration of stay. Once the rules are in effect, newly arriving students will receive an I-94 record with a specific expiration date ("Admit Until Date"). Students must carefully verify their passports, F-1 visas, I-20 forms, and I-94 records, and double-check their status expiration dates before every entry into or departure from the U.S.

Additionally, the new regulations impose strict limits on transferring schools or changing fields of study/majors. This is particularly relevant for graduate students; once the rules are implemented, students generally cannot alter their initially declared educational objectives or arbitrarily switch majors or schools during their course of study. Furthermore, as a general rule, international students are restricted to pursuing degrees at a higher educational level; they may not "step down" to repeat a degree level or pursue a second master's degree after completing one.

Although the implementation date is only a week away, international students intending to pursue further studies in the U.S. or adjust their academic plans should seize this final window of opportunity. If you are currently planning to enroll, transfer schools, change majors, or apply for a second master's degree, you must take immediate action. Maintain close contact with your school's International Student Office (DSO) and make every effort to complete the necessary procedures before the new regulations officially take effect on September 15.

September 2026 Visa Bulletin: EB Visa Numbers May Hit Limits

 

The vast majority of the dates remain unchanged in the September Visa Bulletin. According to the State Department, some employment-based categories may reach their annual visa numerical limits before September ends.  

However, due to previous travel bans and visa issuance pauses for certain countries, a significant number of immigrant visas may have remained unused by overseas consulates. Since the current fiscal year is coming to a close, if the family-based visa numbers do not get exhausted by the end of the month, they will overflow to employment-based cases starting in October (the first month of fiscal year 2027), which likely will bring some advancements to October cut-off dates.

We will keep an eye on the upcoming Visa Bulletin to see how the numbers land. In the meantime, potential applicants should prepare ahead and engage an experienced immigration professional to ensure they are fully positioned to file for Adjustment of Status the moment their priority date becomes current.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-Based	All Others	China	India	Mexico	Philippines
F1	A:01/22/20 F:02/01/20	A:01/22/20 F: 02/01/20	A:01/22/20 F:02/01/20	A:01/01/08 F:12/01/08	A: 05/01/13 F: 04/22/15
F2A	A:08/22/26 F: Current	A: 8/22/26 F: Current	A:08/22/26 F: Current	A:08/22/25 F: Current	A: 08/22/26 F: Current
F2B	A:08/22/19 F:09/01/19	A:08/22/19 F:09/01/19	A:08/22/19 F:09/01/19	A: 02/15/09 F: 05/15/10	A: 06/01/13 F: 10/01/13
F3	A: 10/22/14 F: 11/01/14	A: 10/22/14 F: 11/01/14	A: 10/22/14 F: 11/01/14	A: 07/01/01 F: 07/15/01	A: 02/22/06 F: 08/08/06
F4	A: 10/22/11 F: 11/01/11	A: 10/22/11 F: 11/01/11	A: 11/01/06 F: 12/15/06	A: 04/08/01 F: 04/30/01	A: 08/22/07 F: 03/22/08

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).

2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-Based	All Others	China	India	Mexico	Philippines
EB-1	A: Current F: Current	A: 07/01/23 F: 12/01/23	A: 10/15/22 F: 12/01/23	A: Current F: Current	A: Current F: Current
EB-2	A: Current F: Current	A: 09/01/21 F: 01/01/22	A: Unavailable F: 01/15/15	A: Current F: Current	A: Current F: Current
EB-3	A: 09/01/24 F: Current	A: 01/01/22 F: 01/08/22	A: 01/01/14 F: 01/15/15	A: 09/01/24 F: Current	A: 08/01/23 F: 01/01/24
Other Workers	A: 04/01/22 F: 08/01/22	A: 05/01/19 F: 10/01/19	A: 01/01/14 F: 01/15/15	A: 04/01/22 F: 08/01/22	A: 12/01/21 F: 08/01/22
EB-4	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23	A: 12/15/22 F: 01/01/23
EB-5	A: Current F: Current	A: 12/01/16 F: 03/01/17	A: Unavailable F: 05/01/24	A: Current F: Current	A: Current F: Current

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

4th: “Special Immigrants” (Religious & others)

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Trump Administration Introduced new $103,265 H-1B Fee and Plans Revocation of B1/B2 Visas for Asylum Seekers

In a dual effort to further tighten immigration pathways, the Trump administration has proposed a regulation mandating a $103,265 fee for H-1B visas, while simultaneously preparing for a massive visa revocation initiative targeting asylum seekers.

A Revived and Expanded H-1B Fee

On August 24, 2026, the Department of Homeland Security (DHS) proposed a new regulation that would increase the cost of obtaining an H-1B visa by imposing a $103,265 fee.

This action follows severe legal setbacks for the administration's initial attempt to price-out tech and research employers. In September 2025, an executive order imposed a $100,000 fee on H-1B petitions requiring consular processing. However, on June 8, 2026, a federal judge in Massachusetts ruled the fee to be an unlawful tax imposed without Congressional authorization. In July 2026, an appeals court formally denied the federal government's request to resume collecting the fee while their appeal proceeds.

In response, the newly drafted DHS regulation not only brings the fee back at a higher rate but drastically expands its scope. Under the new proposal, the $103,265 fee would apply to all H-1B workers subject to the annual statutory cap—including those with master's degrees and those already in the U.S. who were selected in the visa lottery.

The Administration explained that the additional fees will be used to cover costs for processing immigration applications and funding the EOIR (Immigration Courts), the law enforcement work of ICE and CBP, overseas consulates' operations, etc.  The question is whether it is fair for the U.S. employers of technical workers to pay for these unrelated operations and programs. Currently, employers are already paying extra fees for anti-fraud operations, retraining and reeducation of American workers, and also the Asylum Program.

The proposal initiates a 30-day public comment period and is widely expected to face immediate litigation from business groups and other affected parties, who argue the program is critical for recruiting top global talent.

Mass Revocation of B1 and B2 Visas

Separately, the administration is preparing to cancel the business (B1) and tourism (B2) visas of up to 200,000 foreigners who have applied for or are currently seeking asylum in the United States.    The effort targets visas issued between 2016 and 2026.  According to the State Department, the initiative targets "bogus" asylum claims. There are more than 3 million asylum applications pending in the United States now.

The revocations will be done on a rolling basis.  Hence, holders of B1/B2 visas may not receive any notifications immediately.  The administration noted that stripping individuals of their B1/B2 statuses will not automatically trigger immediate deportations. .  Instead, most individuals with pending asylum cases will be losing their tourist or business status while their asylum claims proceed.  They are only authorized to stay while their asylum claim is pending. If their asylum application is rejected, they are subject to deportation.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)