Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.
Below is the September 2026 edition of the Garfinkel Immigration news roundup:
What counts as a religious occupation? Understanding R-1 visa eligibility beyond ministers
When evaluating a position for R-1 sponsorship, the job title only tells part of the story.
USCIS looks closely at an individual’s actual role and how their responsibilities relate to the denomination’s religious functions and beliefs.
That distinction can be particularly important for positions involving religious education, worship, outreach, media, youth programming and other roles that may combine religious and administrative or technical responsibilities.
Meredith Barnette, head of the Garfinkel Immigration Religious Worker Specialty Practice Group, explains what religious organizations should consider when evaluating potential R-1 positions in her latest blog.
DHS proposes eliminating 60-day grace period for certain nonimmigrant workers
The Department of Homeland Security (DHS) has proposed eliminating the 60-day grace period currently available to certain nonimmigrant workers after their employment ends. The proposal would affect E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN visa holders, as well as their dependents.
Importantly, the proposed rule is not currently in effect. The existing 60-day grace period remains available while the rulemaking process continues.
Learn more about the proposed rule and what it could mean for employers and visa holders.
New developments affect H-1B and TN visa programs
The Trump administration announced a trio of immigration developments in late September affecting employers and nonimmigrants in the H-1B and TN visa programs.
A new executive order directed federal agencies to consider an employer’s recent or planned layoffs when reviewing certain H-1B matters, including labor condition applications, petitions, visa applications and admission to the United States. Many questions related to this order remain unanswered and the practical impact on H-1B petitions will become clearer as the agencies translate the executive order into specific policies and procedures.
Further, a separate proclamation extended through Sept. 21, 2027, the $100,000 payment requirement for certain H-1B petitions involving foreign nationals outside the United States. The payment requirement remains blocked by the federal courts and is the subject of ongoing litigation, thus the ultimate enforceability of the fee remains unsettled.
Additionally, the U.S. Department of State (DOS) will expand its online presence review requirements to TN, TD and I visa applicants beginning Oct. 1, 2026.
Read more about the H-1B developments.
Read more about the expanded online presence review.
The biggest immigration changes of 2026
Immigration policy changes are creating new considerations for architecture, engineering and construction (AEC) firms as they recruit, retain and support international talent.
In her latest article for The Zweig Letter, Partner Nam Douglass examines five major immigration developments AEC employers should be watching, including changes affecting work authorization, employee travel, ongoing immigration litigation and more.
Read Nam’s full article in the latest edition of The Zweig Letter.
Judge blocks ‘duration of status’ rule from taking effect
A federal judge blocked the Department of Homeland Security’s new “duration of status” rule from taking effect on Sept. 15, 2026. As a result, the existing duration of status framework remains in place, absent another court ruling.
“The agency had cited national security and the need to prevent fraud in the visa program, but the judge found it had not adhered to its legal obligations to engage with concerns about a policy change or consider less burdensome alternatives,” according to reporting from The Guardian.
The story added: “If the rule took effect, such universities would probably suffer hundreds of millions of dollars in costs and enrollment would decline, (the judge) said.”
Find out more via The Guardian.
Employment-based immigration backlog exceeds 1.2 million people
This story from Forbes Senior Contributor Stuart Anderson details the employment-based immigration backlog, which now exceeds more than 1.2 million people, according to a new National Foundation for American Policy report.
“An insufficient number of green cards relative to the demand for technically skilled professionals has created the backlog over many years,” the story read. “Wait times are much longer for individuals from India, China and the Philippines due to a per-country limit. The issue makes it challenging to attract and retain talent in the United States and causes hardship for many families.”
The story continued: “The analysis noted that the employment-based immigration backlog rose substantially even though more than 280,000 additional green cards were added to the category than expected in FY 2020 through FY 2024. The law required the green cards to be added to the employment-based immigration categories because of shortfalls in the previous fiscal year’s family-based preferences.”