Daniel Lopez, Esq.

Corporate Immigration5 min read

DHS Made the End of Automatic EAD Extensions Final. The Argument That Won in Court Just Got Harder.

On October 14, 2026, DHS finalized without change the rule that ended the automatic extension of up to 540 days for EAD renewals filed on or after October 30, 2025. The H-4 spouses who won in court argued DHS skipped notice and comment. DHS has now answered 653 comments. What changes for employers, and what does not.

Daniel Lopez, Esq.Accurate as of October 19, 2026

Corporate Immigration6 min read

USCIS Wants to Stop Deferring to Its Own Approvals. Every H-1B, L-1 and E-2 Extension Would Start From Zero.

A DHS proposed rule publishing October 14, 2026 would delete the regulation that tells USCIS officers to defer to a prior approval when the same employer files an extension for the same worker on the same facts. Comments are due November 13. DHS's own numbers show what it would cost employers in time.

Daniel Lopez, Esq.Accurate as of October 13, 2026

Corporate Immigration7 min read

EB-1A or NIW? Standards, Timelines, and Who Should File Which

EB-1A carries a higher evidentiary bar but usually a shorter wait for Indian and Chinese nationals; NIW is easier to prove, although as of the October 2026 Visa Bulletin EB-2 has a final action date for every country while EB-1 remains current for most. Here is the side by side comparison, the current Visa Bulletin numbers by country, and when to file both.

Daniel Lopez, Esq.Accurate as of September 29, 2026

Corporate Immigration6 min read

A Second Court Has Blocked the $100,000 H-1B Fee, and This Order Reaches the 2027 Extension

On September 30, 2026, a federal court in San Francisco vacated the agency policies that collect the $100,000 H-1B payment and barred their use under both the original proclamation and the extension through September 2027. The proclamation itself stands. Here is what employers can and cannot rely on.

Daniel Lopez, Esq.Accurate as of October 13, 2026

Corporate Immigration7 min read

How the National Interest Waiver Works Under the Dhanasar Test

Yes: a national interest waiver lets an EB-2 professional with an advanced degree or exceptional ability self-petition for a green card with no job offer and no labor certification. To get there, you must first clear the EB-2 threshold and then satisfy all three prongs of Matter of Dhanasar.

Daniel Lopez, Esq.Accurate as of September 29, 2026

Corporate Immigration4 min read

A Court Blocked the EAD Rule for Seven H-4 Spouses. Everyone Else Is Still Under It.

A federal court in California has set aside the rule ending automatic EAD extensions, but only for the seven H-4 spouses who sued. For every other renewal applicant, the rule remains in force, and employers should keep running reverification exactly as before.

Daniel Lopez, Esq.Accurate as of October 19, 2026

Corporate Immigration6 min read

The $100,000 H-1B Fee Did Not Expire. It Was Extended to September 2027.

Proclamation 11069, signed September 18, extends the $100,000 H-1B entry payment for another 12 months, to September 21, 2027. It says nothing about the court judgment that has kept the payment from being collected, and the proposed $103,265 fee would be charged on top of it.

Daniel Lopez, Esq.Accurate as of September 24, 2026

Corporate Immigration7 min read

The Ten EB-1A Criteria Explained, With the Evidence That Satisfies Each

You qualify for EB-1A if you meet at least three of ten regulatory criteria (or hold a major, internationally recognized award) and the record as a whole shows you are among the small percentage at the very top of your field. Here is each criterion, the evidence USCIS actually credits, and how the Kazarian two-step review decides the case.

Daniel Lopez, Esq.Accurate as of September 29, 2026

Corporate Immigration6 min read

The Duration of Status Rule Was Paused, Not Killed. Keep Your OPT Plan.

On September 14, 2026, a federal court postponed the effective date of the DHS rule replacing duration of status with fixed admission periods. The rule did not take effect on September 15. It was not struck down, and the planning work it forced is still worth doing.

Daniel Lopez, Esq.Accurate as of September 16, 2026

Corporate Immigration6 min read

The 50/50 Fee Reached Extensions on September 9. Your Renewal Budget Just Changed.

The 50/50 fee reached same-employer extensions on September 9: $4,000 per H-1B renewal and $4,500 per L-1 for covered employers. The window to file ahead of it has closed.

Daniel Lopez, Esq.Accurate as of September 11, 2026

Corporate Immigration7 min read

The $100,000 H-1B Fee Is Blocked, Not Dead. The Proposed $103,265 Fee Is Worse.

Proclamation 10973's $100,000 H-1B fee is not being collected, but it did not expire: Proclamation 11069 extended it to September 21, 2027. DHS has proposed a broader replacement: $103,265 payable at filing on every cap-subject petition.

Includes H-1B Cost Exposure Model, FY2028

Daniel Lopez, Esq.Accurate as of September 2, 2026

Corporate Immigration7 min read

EB-2 India Is Unavailable Until October. Here's What It Means for Your Workforce Plan.

EB-2 India is marked unavailable in the September 2026 Visa Bulletin, closed for the remainder of FY2026. Annual limits reset October 1, but a fiscal-year reset does not fix a structural backlog.

Includes Employment-Based Green Card Planning Calendar

Daniel Lopez, Esq.Accurate as of September 2, 2026

Corporate Immigration6 min read

The Work Authorization Safety Net Is Gone. Your Green Card Applicants Will Stop Being Able to Work.

DHS eliminated the automatic EAD extension on October 30, 2025 and cut maximum validity to eighteen months. Against a 10.2-month I-765 backlog, green card applicants will stop being able to work.

Subscriber

Daniel Lopez, Esq.Accurate as of October 19, 2026

This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Immigration law and agency policy change frequently; the analysis above reflects our understanding as of the date noted. Readers should consult counsel regarding their specific circumstances.