E-3 Scholars

What It Is

Effective August 1, 2026, the Department of State moved routine visa services at 25 posts across Africa to designated regional hubs. This affects where students, scholars, employees, and dependents from affected countries apply for visas, including initial applications and renewals.

Where It Stands

The change is in effect and covers routine nonimmigrant and immigrant visa services. Affected applicants must use their designated processing location. Currently valid visas are not affected. Separate visa issuance and entry restrictions remain applicable.

What You Should Do

• Before scheduling an interview or paying a visa fee, check the DOS designated nonimmigrant visa processing locations and the relevant embassy or consulate website.
• Plan for any additional travel and entry requirements associated with reaching your assigned hub.
• If you already have an appointment or pending application at an affected post, monitor your email and follow the post's instructions.
• For guidance about your visa plans, contact your OISS adviser.

What It Is

A DHS final rule rescinds the 2022 public charge regulations and expands officers' discretion when assessing whether an applicant is likely to become a public charge. Officers consider the statutory factors and other relevant circumstances, including applicable public-benefit history. Statutory exemptions remain applicable.

This rule applies to applicants pursuing permanent residence, or for those on an F/J/H visa who may later pursue a green card. This does not apply to routine F/J/H/etc. renewals.

Where It Stands

The rule became effective September 18, 2026. It applies to covered adjustment-of-status applications postmarked or electronically submitted on or after that date. Earlier accepted applications generally remain subject to the prior applicable framework. Previously excluded benefits received before the effective date are not newly counted under the expanded approach.

What You Should Do

• Consult a qualified immigration attorney about your filing date, eligibility, exemptions, and supporting evidence. Do not assume that receiving a benefit automatically makes you ineligible.
• OISS cannot advise on personal green card strategy; for an attorney referral, contact your OISS adviser.

What It Is

DHS ended the automatic extension of employment authorization and Employment Authorization Document (EAD) validity previously available for certain timely filed renewal applications. The change applies to covered renewal applications filed on or after October 30, 2025.

Affected categories include eligible H-4 spouses renewing EADs under category (c)(26) and applicants for adjustment of status renewing EADs under category (c)(9). Other previously eligible EAD categories are also affected. Coverage depends on the EAD category, rather than the individual's current or former visa status.

Where It Stands

The change is in effect. DHS published a final rule effective October 14, 2026, reaffirming the October 2025 interim rule. Qualifying automatic extensions based on renewal applications filed before October 30, 2025, are not invalidated by this change.

The separate 180-day automatic extension available to eligible F-1 students who timely apply for STEM OPT remains unchanged. Filing an initial OPT application does not authorize employment while it is pending.

This rule does not eliminate separate employment-extension provisions that may apply to timely filed employer petitions, such as qualifying H-1B extensions.

What You Should Do

• Check the eligibility category and expiration date on your EAD. File renewals as early as permitted and plan for a possible gap in employment authorization. Do not assume that a renewal receipt permits continued employment after your existing authorization expires.
• If you rely on an H-4 or adjustment-of-status EAD, consult your immigration attorney about renewal timing and continued employment eligibility.
• Employees and departments should coordinate with the appropriate employment-verification office.
• For general guidance or an attorney referral, contact your OISS adviser.

What It Is

USCIS guidance giving officers broader discretion to deny Adjustment of Status (AOS) applications (Form I-485), the process that allows eligible individuals already in the United States to apply for lawful permanent residence (a green card) without departing the country.

Where It Stands

Still in effect. On Aug. 5, 2026, USCIS added Policy Alert PA-2026-05, allowing officers to deny applications outright without issuing a prior RFE (Request for Evidence) or NOID. On Oct. 5, AAUP v. DHS was filed in Massachusetts challenging both policies. Separately, DHS's new public charge rule applies to applications filed on or after Sept. 18, 2026.

Applies to individuals in these categories who are applying for adjustment of status to become U.S. permanent residents. It does not apply solely because someone holds one of these nonimmigrant statuses.

What You Should Do

• File complete, well-documented applications — USCIS may deny a benefit request with missing or insufficient initial evidence without first issuing an RFE or NOID.
• Applicants with pending cases or considering filing may want to consult an immigration attorney to assess individualized risk/strategy.
• Review the new public charge criteria before filing.
• If your application is denied or you receive a request related to these new policies, consult with an immigration attorney about your options.
• OISS will monitor developments, can answer general policy questions, and can provide referrals to qualified immigration attorneys. Contact your designated OISS adviser for general questions or referral support. AOS is a personal legal matter outside OISS’s advising scope. OISS cannot provide legal advice on eligibility, strategy, or case-specific impact.