Immigration Update – September 15, 2026
Headlines:
DHS Proposes to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers Upon Cessation of Employment Before Authorized Stay Expires – The Department of Homeland Security has proposed to eliminate the 60-day grace period after cessation of employment before the expiration of a nonimmigrant worker’s authorized period of stay.
USCIS Reaches H-2B Cap for First Half of FY 2027 – September 4, 2026, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2027.
Uncertainty Continues Re Salvadoran TPS – Despite Temporary Protected Status (TPS) for Salvadorans having expired on September 9, 2026, U.S. Citizenship and Immigration Services said without elaborating that Salvadoran individuals present in the U.S. under TPS retain protection including work authorization for an unspecified period.
SAVE and E-Verify Post Updates on TPS for Sudan and Ukraine – Both countries’ TPS and related benefits are extended until October 19, 2026.
Details:
DHS Proposes to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers Upon Cessation of Employment Before Authorized Stay Expires
On September 11, 2026, the Department of Homeland Security (DHS) issued a proposed rule to eliminate the 60-day grace period after cessation of employment before the expiration of a nonimmigrant worker’s authorized period of stay. This includes those with E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrant classifications.
Written comments must be submitted by November 10, 2026.
USCIS Reaches H-2B Cap for First Half of FY 2027
On September 11, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the congressionally established H-2B cap for the first half of fiscal year 2027.
September 4, 2026, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2027, USCIS said. The agency is rejecting new cap-subject H-2B petitions received after September 4, 2026, that request an employment start date before April 1, 2027.
Uncertainty Continues Re Salvadoran TPS
Temporary Protected Status (TPS) and associated work authorization for more than 170,000 Salvadorans in the United States remains uncertain after it had been extended until September 9, 2026. U.S. Citizenship and Immigration Services (USCIS) and E-Verify recently said, “An announcement on El Salvador’s TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection including work authorization.”
No further information was given.
SAVE and E-Verify Post Updates on TPS for Sudan and Ukraine
Systematic Alien Verification for Entitlements (SAVE) and E-Verify have posted updates on the status of Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from Sudan and Ukraine.
Both countries’ TPS and related benefits are extended until October 19, 2026.
Firm in the News
Cyrus Mehta was quoted by The Times of India in Cognizant Green-Card Filings Suspended Amid Fraud Probe. Mr. Mehta said, “We really do not know the facts and the basis behind the Department of Labor’s decision to suspend the PERM labor certification program. I would think that this suspension impacts labor certification applications that have already been filed, and not already approved labor certifications, based on which the second-step I-140 petitions (Immigrant Petition for Alien Worker) were filed and approved. However, it could spill over to other petitions and cases such as those filed under the H-1B program.” Mr. Mehta said that uncertainty over the scope and duration of the suspension could also adversely affect employee morale, particularly amid a challenging immigration environment. “The ball is in Cognizant’s court to challenge this, and we will have to see how it plays out,” he said.
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