Several recent immigration developments have immediate implications for employers managing foreign national workforces. Here are four issues to have on your radar.
1. End of “Duration of Status” Will Change the Rules for F-1 and J-1 Workers
Beginning Sept. 15, 2026, F-1 students and J-1 exchange visitors will no longer generally be admitted for “duration of status” (D/S). Instead, they will receive a specific admit-until date on their Form I-94, making expiration-date tracking and extension planning significantly more important. Importantly, transition rules protect many individuals already in the United States and maintaining status on Sept. 15. For F-1 students, D/S generally converts to the applicable program end date on Form I-20 or the end date on an employment authorization document, commonly called an EAD, subject to a four-year cap for longer programs. For transition-eligible F-1 students, the existing 60-day departure period is preserved. Under the new fixed-admission framework, however, F-1 students generally will receive a 30-day departure period. Eligible students who file for OPT or STEM OPT before March 18, 2027, also generally will not need a separate Form I-539 extension filing. J-1 exchange visitors receive similar transition treatment based on the DS-2019 program end date, subject to the new four-year framework.
What employers should know: Departing the United States and seeking readmission after Sept. 15 can cause employees to lose important transition protections and become subject to the new fixed-admission rules. Employers with F-1 employees on OPT or STEM OPT, or J-1 workers, should begin tracking I-94 expiration dates more closely and encourage employees to consult immigration counsel before international travel.
2. Temporary Protected Status Developments Require Both Immediate Action and Continued Monitoring
The Administration has terminated most TPS designations, leaving employers with both immediate Form I-9 issues and uncertainty for several remaining populations.
For Somalia, TPS employment authorization has ended following a federal court order allowing the termination to take effect. Employers should identify affected employees who relied on A12 or C19 TPS EADs and reverify employment authorization. Employees who have another independent basis for work authorization may present acceptable documentation establishing that authorization.
For El Salvador, Sudan and Ukraine, the situation remains unresolved. El Salvador's current TPS period is scheduled to end Sept. 9, 2026, while Sudan and Ukraine are currently set to end Oct. 19, 2026. The government has not yet indicated whether these designations will be extended, redesignated or formally terminated. For Sudan and Ukraine, USCIS has extended qualifying TPS-based EADs through Oct. 19, but affected employees generally must present both the qualifying EAD and a USCIS-issued Individual Notice reflecting the extension.
What employers should know: Employers should address Somalia reverification obligations now; ensure HR teams understand the special documentation rules for Sudan and Ukraine; and continue monitoring developments for El Salvador, Sudan and Ukraine as their current expiration dates approach.
3. USCIS Has More Discretion to Deny Cases Without a Request for Evidence
Effective for filings submitted on or after Aug. 5, 2026, USCIS has expanded its discretion to deny petitions and applications without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). USCIS may also provide less than the customary 12 weeks to respond to an RFE. RFEs are not disappearing, but employers should no longer assume they will necessarily have an opportunity to supplement a deficient filing before a decision is made.
What employers should know: Initial filings should be complete and approval-ready when submitted. If an RFE is issued, employers should route it to immigration counsel promptly because response periods may be shorter than in the past.
4. Domestic Air Travel Is Drawing Increased Immigration Scrutiny
Recent reports indicate that some foreign nationals have been questioned, delayed or detained at U.S. airports even where they have valid immigration status or are otherwise authorized to remain in the United States. Individuals relying on a pending extension or change of status may face particular difficulty if their Form I-94 has expired and they cannot readily document the pending filing.
Foreign national employees traveling domestically should carry documentation establishing their current immigration posture, including, as applicable, their Form I-94, Form I-797 approval or receipt notices, passport, EAD, Form I-20 or Form DS-2019.
What employers should know: Encourage employees with pending immigration filings, expired I-94 records or complicated immigration histories to consult immigration counsel before domestic travel and to carry documentation demonstrating their current status or authorized stay.
Looking Ahead
For employers, the common theme is earlier planning and closer tracking. Between new I-94 expiration dates for F-1 and J-1 workers, approaching TPS deadlines, tighter USCIS adjudication practices and increased travel scrutiny, employers should identify affected employees now rather than waiting for an expiration date, government notice or travel issue to create an urgent workforce problem.
If you have questions about how these immigration developments may affect your workforce or need assistance with Form I-9 compliance, immigration status tracking or employee travel planning, please contact a member of our Immigration Practice Group.
