F-1 Students

December 5, 2025 Shorter Validity Periods for Certain Employment Authorization Documents

Status: 
In Effect
Latest Substantive Policy or Court Development: 
December 5, 2025

What It Is

USCIS reduced the maximum validity period for initial and renewal Employment Authorization Documents (EADs) in certain categories from five years to 18 months. Affected categories include applicants for adjustment of status under category (c)(9), refugees, asylees, and certain other humanitarian categories.

For the Yale community, this primarily concerns individuals applying for employment authorization while their green card applications are pending. Coverage depends on the EAD category, rather than the individual's current or former nonimmigrant status.

Where It Stands

The policy applies to covered Form I-765 applications pending on or filed on or after December 5, 2025. Previously issued five-year EADs were not shortened by this change. The October 14, 2026 final rule on automatic EAD extensions acknowledges the earlier validity reduction.

This is separate from the removal of certain automatic EAD extensions. It does not shorten F-1 OPT or STEM OPT authorization, or EAD validity based on H-4 or J-2 status.

What You Should Do

  • Check your EAD category and expiration date, and plan for more frequent renewals if you are affected.
  • Consult your immigration attorney about renewal timing and continued employment authorization.
  • Employees and departments should coordinate with the appropriate employment-verification office to address possible gaps.
  • For general guidance or an attorney referral, contact your OISS adviser.

August 1, 2026 African Regional Visa Hubs

Status: 
In Effect
Latest Substantive Policy or Court Development: 
August 1, 2026

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.

July 22, 2025 Visa Integrity Fee

Status: 
In Effect
Latest Substantive Policy or Court Development: 
July 22, 2025

What It Is

Legislation enacted July 4, 2025 establishes a Visa Integrity Fee with a statutory minimum of $250, subject to adjustment, for nonimmigrant visa issuance. The fee is separate from existing visa application and reciprocity fees.

Where It Stands

The statutory requirement has been enacted. DHS stated that implementation requires cross-agency coordination and a subsequent announcement. A uniform current collection process has not been verified for this update. The status shown here refers to enactment, not confirmation that every consulate is collecting the fee.

What You Should Do

  • Check official embassy or consulate instructions for the fees applicable to your appointment and visa issuance.
  • Do not assume the fee applies to immigrant visas, visa-exempt travelers, or every USCIS filing.
  • For questions about your Yale-related travel plans, contact your OISS adviser.

September 18, 2026 Public Charge Final Rule

Status: 
In Effect
Latest Substantive Policy or Court Development: 
September 18, 2026

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.

October 1, 2025 Narrowed Eligibility for Visa Interview Waivers

Status: 
In Effect
Latest Substantive Policy or Court Development: 
October 1, 2025

What It Is

Effective October 1, 2025, DOS narrowed eligibility for waivers of in-person nonimmigrant visa interviews. Most applicants now generally require an interview, including children under 14 and adults over 79. Limited exceptions remain for certain diplomatic or official applicants and qualifying B-visa and H-2A renewals.

Where It Stands

The policy is in effect. F, J, H-1B, O, TN, and E-3 applicants should generally plan for an in-person interview. Consular officers may require interviews even when an applicant meets a waiver exception.

What You Should Do

  • Check the relevant embassy or consulate's instructions and appointment availability before making travel plans.
  • Allow time for interviews and possible administrative processing.
  • If visa processing may affect your return to Yale, contact your OISS adviser.

October 14, 2026 End of Certain Automatic EAD Extensions

Status: 
In Effect
Latest Substantive Policy or Court Development: 
October 14, 2026

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.

October 5, 2026 USCIS Denials Without a Request for Evidence or Notice of Intent to Deny

Status: 
In Effect
Latest Substantive Policy or Court Development: 
October 5, 2026

What It Is

On August 5, 2026, USCIS issued Policy Alert PA-2026-05 addressing evidence, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). The guidance allows officers discretion to deny benefit requests with missing or insufficient initial evidence without first issuing an RFE or NOID.

This policy may affect individuals in the listed visa categories when USCIS adjudicates an application or petition involving them. Examples include OPT applications, applicable extensions or changes of status, and adjustment-of-status applications. Holding a particular visa status does not by itself trigger this policy.

Where It Stands

The guidance is in effect. An October 5, 2026 lawsuit brought by AAUP and other plaintiffs challenges policies affecting adjustment-of-status adjudications. Filing a lawsuit does not itself suspend the challenged policies.

This guidance does not directly govern visa applications processed by U.S. embassies or consulates, routine I-20 or DS-2019 issuance and extensions, or school- or sponsor-authorized activities such as CPT or J-1 academic training.

What You Should Do

  • Submit complete applications with all required initial evidence. Do not assume USCIS will provide an opportunity to correct an incomplete submission.
  • For Yale-sponsored petitions or student applications, contact your OISS adviser before filing.
  • Consult an immigration attorney about personal applications or a denial.

October 8, 2026 Proposed Fees for Optional Practical Training (OPT)

Status: 
Proposed
Latest Substantive Policy or Court Development: 
October 8, 2026
Visa Type(s) Affected: 

What It Is

On October 8, 2026, DHS published a proposed rule establishing fees of $70,000 for an F-1 student's initial OPT recommendation and $30,000 for each subsequent OPT recommendation, including a STEM OPT extension. Under the proposal, the SEVP-certified educational institution would pay the fee before recommending OPT.

Where It Stands

The fees remain proposed and are not currently required. On November 9, 2026, Yale General Counsel submitted a statement in strong opposition of this rule. The general public comment period ended November 9, 2026. Comments specifically addressing the proposed information collection remain due December 7, 2026.

What You Should Do

October 5, 2026 SEVP Curricular Practical Training (CPT) Guidance and Lawsuit

Status: 
In Effect
Latest Substantive Policy or Court Development: 
October 5, 2026
Visa Type(s) Affected: 

What It Is

SEVP issued broadcast messages on August 12 and August 24, 2026, addressing how designated school officials should interpret and apply eligibility requirements for F-1 Curricular Practical Training (CPT). The guidance may affect whether an internship or other practical training opportunity qualifies for CPT authorization.

Where It Stands

The guidance remains in effect. On October 5, 2026, NAFSA, AAU, the Presidents' Alliance, and AICUM filed a lawsuit in the U.S. District Court for the District of Massachusetts challenging the guidance. Filing the lawsuit does not itself suspend the guidance.

What You Should Do

Do not begin an internship or other training without the required authorization. Before accepting or changing a training opportunity, contact your OISS adviser to confirm eligibility and authorization requirements. Departments should coordinate with OISS before making commitments involving CPT.

October 5, 2026 USCIS Adjustment of Status Memo (PM-602-0199)

Status: 
In Effect
Latest Substantive Policy or Court Development: 
October 5, 2026

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.
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