Immigration Updates - July 2026 

New Student Visa Announcement

 

On July 16, 2026 the Department of Homeland Security (DHS) finalized a new rule replacing the "Duration of Status" (D/S) framework with fixed-period admissions for F-1 academic students and J-1 exchange visitors. Effective September 15, 2026, most students are capped at 4-year admissions.  The new rule also reduces the post-graduation grace period from 60 to 30 days. 

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Other key changes include:

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• Fixed Program Limits: Students are admitted for the length of their program of study, not to exceed four years at a time.

• Mandatory Federal Extensions: If more time is needed to complete a degree, students must formally apply for an Extension of Stay (EOS) through USCIS,  requiring biometric data collection and rigorous vetting.

• Strict Program Mobility: F-1 undergraduate students cannot change majors or educational objectives within their first academic year. Graduate-level students are heavily restricted from changing educational objectives at any point, and transfers are only permitted under extenuating circumstances. 

• No "Rolling Backwards": Once a student finishes a degree program, they generally cannot pursue another program at the same or a lower educational level while remaining on an F-1 visa.

• Grace Period Cut: The post-completion grace period to prepare for departure, transfer, or change status is cut in half—from 60 days to 30 days.

• Current Students: Existing F-1 students already in the U.S. will automatically transition to the new system, generally remaining protected through their current program end date or up to four years.

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What does this mean for current F-1 students?

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If you are currently in the U.S. with an I-94 that says "D/S", you are legally allowed to remain in the U.S. without applying for an Extension of Stay (EOS) until:

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• The Program End Date listed on your current Form I-20, OR

• Up to four years from the rule's effective date (specifically until September 14, 2030), whichever date is shorter.

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An existing student's I-94 will change from "D/S" to a fixed date under two primary triggers:

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1. International Travel: If you leave the U.S. and re-enter on or after September 15, 2026, Customs and Border Protection (CBP) will not grant you "D/S". Instead, they will issue you a new electronic I-94 with a specific fixed date matching your I-20 program end date (capped at a maximum of 4 years).

2. Filing for an Extension: If your program naturally extends past September 2030, or you transition to a new program level, you must file a formal Form I-539 Extension of Stay with USCIS. Once approved, USCIS will issue a new I-94 featuring your fixed expiration date.

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If you have questions about how the new rule will impact you, you can CLICK HERE to submit your questions or request a meeting with a Global Talent attorney.

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New Public Charge Rules

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On July 16, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it will adopt a new standard for denying immigration benefits and entry to the U.S. based on the likelihood of becoming a “public charge.” 

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A public charge is a legal term in U.S. immigration law used to describe an individual who is likely to become primarily dependent on the government for subsistence. Under immigration policy, noncitizens deemed likely to become a public charge can be denied entry into the U.S., visas, or lawful permanent resident (green card) status.

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Under the last Trump Administration, USCIS required applicants for certain benefits to provide extensive financial information to prove they would not become a public charge. The Biden Administration then reversed the higher level of scrutiny in 2022, and now the new administration is reinstating the policy imposing the higher standard.

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The final rule is scheduled for publication in the Federal Register on July 20, 2026, and is expected to take effect on September 18, 2026, 60 days after publication.

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What is the public charge ground of inadmissibility?

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The public charge ground of inadmissibility applies to certain individuals seeking admission to the United States or lawful permanent resident status. Under section 212(a)(4) of the Immigration and Nationality Act, the government may find an applicant inadmissible if it determines that the applicant is likely, at any time, to become a public charge.

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Public charge determinations are prospective and are based on the applicant’s individual circumstances. The statute requires officers to consider, at a minimum, the applicant’s:

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• Age;

• Health;

• Family status;

• Assets, resources, and financial status; and

• Education and skills.

An enforceable Form I-864, Affidavit of Support, must also be considered when required.

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What is changing?

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Under the former regulations, USCIS generally considered whether an applicant was likely to become primarily dependent on the government for subsistence based primarily on whether they had previously received “means-tested public benefits,” including public cash assistance for income maintenance and long-term institutionalization at government expense.

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The new rule removes that regulatory framework and gives substantially broader discretion to immigration officers to consider a wider range of factors. After the effective date, officers may evaluate the statutory factors, the applicant’s receipt of means-tested public benefits, and other facts considered relevant under the totality of the circumstances. The final rule does not establish a comprehensive replacement definition of “public charge” or an exclusive list of factors that officers may consider.

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USCIS has stated that it will issue additional policy guidance on or before the effective date. The agency is also revising Form I-485 and its instructions to collect additional information relevant to public charge determinations.

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Which cases will be affected?

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The new framework will generally apply to:

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• Applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026; and

• Applications for admission made on or after September 18, 2026.

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Adjustment applications properly filed and accepted before the effective date, but still pending on that date, will generally continue to be adjudicated under the 2022 public charge regulations. The filing date of a rejected application will not preserve eligibility under the prior rule; USCIS will look to the filing date of the application that was ultimately accepted.

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How will past receipt of benefits be treated?

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For benefits received before September 18, 2026, DHS will generally continue applying the 2022 rule. Accordingly, USCIS will generally consider only the applicant’s prior receipt of:

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• Supplemental Security Income;

• Temporary Assistance for Needy Families;

• State, tribal, territorial, or local cash assistance for income maintenance; and

• Long-term institutionalization at government expense.

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Means-tested noncash benefits that were previously excluded generally will not be considered solely because they were received before the new rule’s effective date. However, continued receipt of such benefits on or after the effective date may be considered.

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The receipt of benefits by an applicant’s U.S.-citizen children or other family members is not automatically treated as receipt by the applicant. Nevertheless, each case should be reviewed carefully because household circumstances and financial obligations may be relevant to the broader analysis.

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Does the rule apply to everyone?

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No. The public charge ground does not apply to every immigration category. Congress has established exemptions for numerous humanitarian and other classifications, including certain refugees, asylees, applicants under the Violence Against Women Act, and certain victims of trafficking or qualifying criminal activity.

The removal of the regulatory provisions listing exemptions does not itself repeal exemptions established by federal law. Whether the public charge ground applies must be evaluated according to the particular immigration category and facts of the case.

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What should clients do now?

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Clients should not discontinue necessary medical care, health insurance, food assistance, housing assistance, or other essential services solely because of this announcement. Eligibility for a public benefit and the immigration consequences of receiving that benefit are separate questions. Receipt of a means-tested benefit will also be only one consideration within a broader, individualized analysis—not an automatic basis for denial.

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However, anyone who is currently using a Medicaid-based health insurance plan (called Medi-Cal in California), and plans to apply for a green card before 2029 may consider changing to a non-Medicaid based health insurance plan before September 18, 2026.

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Clients who are preparing to file Form I-485, currently receive means-tested public benefits, have previously received public benefits, or are considering applying for benefits should be aware of this policy change. 

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We are closely monitoring USCIS guidance, revised forms, implementation instructions, and any litigation that may affect the rule. We will provide additional updates as further information becomes available.

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This article is for informational purposes only and does not constitute legal advice. If you have questions about these new rules, you can CLICK HERE to submit your questions or request a meeting with a Global Talent attorney.