US Immigration Changes in September 2026: What's New and When It Takes Effect

In September 2026, several changes hit the US immigration system at once: courts lifted a pause on immigrant visa issuance and blocked a suspension for citizens of certain countries, new editions of forms I-589, I-539, I-765, I-485 and I-864 take effect with hard deadlines and no grace period, Advance Parole rules changed, and asylum and student visa requirements got stricter.

In short

• The court struck down the visa ban for 75 countries, but issuance remains frozen due to a separate Public Charge pause through August 31, 2026
• Green Card lottery winners must obtain a visa or status by September 30, 2026 — or the window closes
• After Matter of Del Carmen Lara, an Advance Parole trip counts as a departure and can trigger a 3-year or 10-year reentry bar
• Starting September 15, forms I-539, I-765 and I-864 can no longer be filed in the old edition — there’s no grace period at all
• USCIS can deny an application right away, without an RFE or NOID — even in categories like O-1, H-1B, L-1, EB-1 and EB-2

Immigrant Visa Ban Struck Down: Catholic Legal Immigration Network v. Rubio

On the evening of August 21, a federal court in New York struck down the suspension of immigrant visa issuance that had applied to citizens of 75 countries. This wasn’t about a handful of applicants — an entire policy was challenged, and the district judge found it unlawful. The case was captioned Catholic Legal Immigration Network Inc. et al. v. Rubio.

The court found that Secretary of State Rubio exceeded his authority: by law, he cannot dictate the decisions of consular officers. The policy showed signs of discrimination — based on race, sex, nationality, place of birth, or place of residence — while every case must be decided individually, and refusals without a legal basis are not allowed.

The policy had been in effect since January 21, 2026 — about 7 months. Citizens of Azerbaijan, Armenia, Georgia, Belarus, Russia, Moldova, Uzbekistan, Kazakhstan, Kyrgyzstan and several other countries were caught under the suspension: their documents were accepted, some applicants had already completed interviews and were simply waiting for the pause to lift.

On August 28, the State Department posted a notice on its website confirming it was ready to comply with the court’s ruling. Almost immediately, though, the State Department introduced a separate, temporary pause on processing immigrant visas — formally for a different reason, tied to the new “public charge” inadmissibility ground, running through August 31, 2026. That means actual visa issuance stayed frozen for a while even after the earlier policy was struck down. At the same time, media reports said immigrant visa interviews were being widely postponed or cancelled — according to a State Department source, due to large-scale training of consular staff on the new Public Charge rules. This is a temporary measure, not a return to the ban: according to media reports, interviews are expected to resume in mid-to-late September. A cancelled interview by itself does not mean a visa refusal — it will be rescheduled, and an officer may not deny an application without a legal basis.

an officer may not deny an application without a legal basis

The court’s ruling can be appealed. If the State Department files an appeal, either side may ask to stay enforcement of the ruling pending review — in which case immigrant visa issuance under Catholic Legal Immigration Network v. Rubio would not resume until the appeal is resolved.

Green Card Lottery: Court Unblocks Application Processing

A California law firm filed suit demanding that the Green Card lottery resume, accusing the Trump administration of unlawfully suspending a program created by Congress. The suit argues that the State Department’s inaction could have led to the program being scrapped entirely.

On August 28, 2026, a federal district court for the Northern District of California temporarily blocked several suspensions that had prevented lottery winners from obtaining visas. The court ordered USCIS to resume processing adjustment of status applications, and ordered the State Department to resume processing and issuing immigrant visas to lottery winners going through consular processing. Separately, the court blocked the suspension of immigrant visa issuance for citizens of seventeen countries.

The ruling doesn’t mean automatic approval or an automatic visa or Green Card — every case is still decided individually — but processing is no longer frozen indefinitely. For lottery winners, the deadline is critical: the immigrant visa or Green Card must be obtained before the end of the fiscal year, that is, by September 30, 2026.

September 2026 Visa Bulletin: How Far Did the Queues Move

The September 2026 Visa Bulletin is out: there’s movement, but not equally across categories. For family-based immigration, filing uses the Dates for Filing chart.

Category	Date (filing)	Movement
F1	February 1, 2020	9 months
F2A	current	—
F2B	September 1, 2019	no change
F3	November 2014	8 months
F4	—	5 months

Reunification with siblings (category F4) still takes 15 years or more — despite the movement, it remains one of the longest waits in the entire system.

For employment-based immigration, there’s less movement, but the situation isn’t critical: EB1 and EB2 remain current, EB3 sits at September 1, 2024, Other Workers at April 1, 2022. EB4 moved forward by 2 months.

A separate logic applies to those going through consular processing: there, the interview date depends not only on Visa Bulletin movement but also on how backlogged the specific consulate handling the interview is. Here, movement in family categories is noticeably larger:

Category	Date (consular processing)	Movement
F2A	August 22, 2026	13 months
F2B	August 22, 2019	19 months
F3	—	29 months
F4	—	13 months

For employment-based immigration under consular processing, the picture mirrors the filing chart: EB1 and EB2 remain current, EB3 is at September 1, 2024.

Advance Parole: A Trip Out Now Counts as a “Departure” and Can Trigger a Reentry Bar

Advance Parole is permission to reenter the US, requested before leaving the country, to guarantee return. On August 13, the Board of Immigration Appeals (BIA) issued Matter of Del Carmen Lara, overturning the earlier precedent Matter of Arrabally and Yerrabelly. Previously, a trip on Advance Parole did not count as a “departure” and did not trigger a reentry bar. Now such a trip is treated as a departure — and if someone has accrued days of unlawful presence, leaving can trigger a 3-year or 10-year reentry bar.

Unlawful presence is counted like this: for example, someone entered on a tourist visa, was granted status and an I-94 with an authorized period of stay — the specific authorized period is stated on the I-94 itself and can vary depending on the visa type. If the person did not file to extend or change status and overstayed, the count of unlawful presence starts on day 61. The bar depends on the number of days accrued: up to 180 days — no bar; from 180 days to a year — a 3-year bar; more than a year — a 10-year bar.

It’s worth distinguishing between lack of status and unlawful presence — these are not the same thing. If someone filed to change or extend status, they are in the country without status but within a period of authorized stay, and those days do not count toward unlawful presence, even if they add up to 180 or more.

The bar is triggered specifically at the moment of departure: even 20 years without status create no bar as long as the person hasn’t crossed the border. This makes the ruling especially sensitive for those who previously crossed the border without admission or parole and planned to leave on Advance Parole in order to return with inspection and then apply for a green card through adjustment of status. That route was the only path to a green card for DACA recipients; after Matter of Del Carmen Lara, it no longer works. For U-visa holders, the ability to get status without leaving the country depends on the specific case.

even 20 years without status create no bar as long as the person hasn’t crossed the border

In some cases, a waiver — relief from the bar — can be requested, but it’s a limited option. The ruling is not retroactive: trips taken before August 13 still do not count as a departure. But anyone planning a trip on Advance Parole after that date needs to check their immigration history in advance — whether there was unlawful presence, when, and for how long — and consult an attorney who specializes in this category of cases before traveling.

New Form Editions: Hard Deadlines With No Grace Period

Previously, when a form changed, a grace period applied: old and new versions were accepted in parallel until applicants switched to the new edition. Now USCIS simply names a date — before it, you can’t file the new form; after it, the old one won’t be accepted; there’s no transition period at all.

This affects everyone filing paperwork themselves: you need to know exactly which edition to print and mail, rather than relying on a form downloaded a week ago. For mailed filings, the filing date is the postmark on the envelope, so it’s worth double-checking in advance and sending the package via a trackable carrier — otherwise there’s a risk the mail gets lost or comes back after the form has changed.

When filing on your own, forms should be pulled only from the official USCIS website, not from law firm or nonprofit websites — they’re not obligated to update forms on time.

Form	Effective date	What changes
I-589 (asylum application)	August 28	only the new edition is valid
I-539 and I-765 (status extension and work permit)	September 15	the old version won’t be accepted, no grace period; if you can’t make the deadline, file strictly before or after this date — returned packages take 3–4 weeks to come back
I-864 (affidavit of support from a sponsor)	August 31	only the new version is accepted
I-485 (green card application filed inside the US) and new public charge rules	September 18	take effect simultaneously

On September 18, 2026, DHS’s new final “public charge” rule also takes effect, which directly affects how green card applications are evaluated — this is one of the key dates for anyone filing an I-485.

In the new I-485, the list of specific types of benefits was removed and replaced with a single question: has the applicant ever received means-tested public benefits. If yes, the applicant must state the period received, the amount, and the reason — the form previously did not require this level of detail.

On the I-864, the change concerns the sponsor, not the applicant: by signing the form, the sponsor authorizes the State Department and USCIS to request information about their financial situation and credit history directly from credit bureaus. The form is most often used in family reunification cases, where a relative acts as the sponsor.

What to Check Before Filing Forms in September 2026

• Download the current form edition only from the official USCIS websiterequiredLaw firm and nonprofit websites aren’t required to update forms on time
• Check the effective date of the new edition for the form you needrequiredI-589 — August 28, I-864 — August 31, I-539/I-765 — September 15, I-485 — September 18
• If mailing, check the postmark date on the enveloperequiredThe filing date is the postmark, not the date USCIS receives it
• Send the package via a trackable carrierrequiredOtherwise there’s a risk it gets lost or comes back after the form has changed
• Account for the 3–4 week return time if there’s an errorRelevant for I-539 and I-765 during the switch to the new edition
• For I-485: prepare details of any means-tested public benefits receivedrequiredState the period received, the amount, and the reason, if benefits were received
• For I-864: let the sponsor know USCIS can request data from credit bureausThe sponsor grants this right by signing the new version of the form

Denials Without an RFE: USCIS Can Reject an Application Right Away

USCIS has stated it is no longer required to issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) before denying a case — an officer can reject an application right away. An “immigration benefit” here means any immigration-related document: a visa, a work permit, or any other status.

Previously, a missing document would trigger an RFE, giving the applicant a chance to submit, add, or explain what was missing. Now, with an incomplete package, an officer can issue a denial immediately, with no intermediate request. The rule is already in effect — it applies to applications already filed, applications currently being filed, and those pending review.

an officer can issue a denial immediately, with no intermediate request

If basic evidence has been submitted but some points remain unclear, USCIS may still issue an RFE or NOID — but it’s not required to. In practice, such requests have started coming with a 30-day deadline to submit additional evidence.

For categories like O-1, H-1B, L-1, EB-1, EB-2, NIW and EB-3, that timeframe is often not enough to prepare a solid response — especially if premium processing has also been requested for an EB-1 case. A denial without an RFE means delay, a risk of losing status, and money spent on filing gone to waste.

Tighter Asylum Rules: Interview Rescheduling and Missed Hearings

As of August 21, 2026, the rules for rescheduling asylum interviews have tightened. Previously, an applicant could simply send a letter asking to move the date — the Asylum Office usually accommodated this and could grant a delay of up to a month. Now rescheduling requires “exceptional circumstances,” and if there are none, the interview won’t be moved: the case gets closed, referred to court, and the applicant’s no-show is recorded.

Exceptional circumstances need to be documented — without evidence, the case can be closed too. Additional evidence for the case must now be submitted to the Asylum Office no later than 14 calendar days before the interview — this has also been in effect since August 21.

The process for missed interviews has changed too. Previously, USCIS sent a separate Failure to Appear notice — that notice will no longer be sent. If an applicant misses the interview and hasn’t requested a reschedule, they have 10 calendar days after the missed date before USCIS can close the asylum application — and if the person lacks legal status, the case will then be referred to court.

Separately, the tightening also affects cases already in court. Previously, lacking an attorney or switching attorneys could be used as grounds to postpone a hearing, especially a merits hearing. That no longer counts as good cause for a delay. It’s worth finding an attorney early, before a date is set — not every attorney will take a case once the interview date is already scheduled.

What Changed for Asylum Cases

Before	Since August 21
Interview rescheduling — by letter, no special grounds needed	Documented exceptional circumstances required
Delay of up to a month possible	Without exceptional circumstances — case closure and court referral
Separate Failure to Appear notice	Notice is no longer sent
Lacking an attorney — grounds for postponing a hearing	Lacking an attorney is not good cause

Asylum Case Rules: Before and After August 21, 2026

What changed	Before	Since August 21
Interview rescheduling	By letter, no special grounds needed	Documented exceptional circumstances required
Possible delay	Up to a month	Case closure and court referral without exceptional circumstances
Failure to Appear notice	Sent separately	No longer sent
Lacking an attorney at a hearing	Grounds for postponing the hearing	Not considered good cause for a delay

Student Visas: Length-of-Stay Limit Starting September 15, 2026

As of September 15, 2026, the very principle behind student status in the US changes. Before this date, “duration of status” applied: the length of stay wasn’t tied to a fixed date, only to the student continuing their studies. Starting September 15, remaining in status is only allowed until the program end date listed on Form I-20 or DS-2019 — the document issued by the school along with the visa or status.

The new rules also introduce an upper limit: a maximum of 4 years from the date the rules take effect, plus a grace period. This applies to those already studying too: the program’s length is counted from September 15, but it must still fit within that same 4-year-plus-grace-period ceiling.

On August 18, 2026, a lawsuit was filed against these rules — Presidents’ Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security. The existence of a lawsuit by itself doesn’t mean the policy is cancelled: the case could take a long time to resolve, and the current rules keep applying until a court decides otherwise.

For students in language programs whose course is nearing completion, this means it’s worth acting now on extending status or finding a new program — counting on the rules being struck down simply because a suit was filed is not a safe bet.

What Hasn’t Changed: EB-1/EB-2/EB-3 Employment-Based Immigration

The Department of Homeland Security withdrew its own plan to reform employment-based immigration — the one aimed at tightening procedures for work visas. Cases in the EB-1, EB-2, and EB-3 categories will keep being processed under current rules, without the changes the withdrawn reform would have introduced.

For applicants, this means there’s no need to rethink strategy for these categories: the rules for filing and adjudication stay the same, and the proposal that could have changed them has been taken off the table. Applicants in these categories don’t need to change how they prepare their documents or delay filing while waiting for new requirements — the procedure remains exactly as it was before the reform was announced.

Frequently asked questions

If an application is denied without an RFE because the package was incomplete, do I have to pay the filing fee again?

Yes, refiling means paying the fee again — a denial means the case is closed, not paused. Since an RFE isn’t automatically issued anymore, the only way to fix an incomplete package is to file again with the full set of documents and payment. That makes careful preparation of the package before filing critical for categories with a high filing fee.

Can I leave the US on a regular visa instead of Advance Parole if I have accrued unlawful presence, to avoid the new departure rule?

No, the Matter of Del Carmen Lara decision applies specifically to Advance Parole travel — it doesn’t cancel the general reentry bar rule for accrued unlawful presence, which applies to any departure from the country. Any departure with more than 180 accrued days triggers the same consequences regardless of how you leave. The change itself isn’t a way around the bar — it’s an expansion of the situations where it applies.

What happens to an asylum case if a court rules in favor of applicants in a lawsuit over student visas or another immigration matter after I’ve already filed under the old rules?

Until a court issues a final ruling and strikes down a rule, the current requirements apply in full, and documents filed under them remain valid. If a rule is later struck down, how already-filed cases get reviewed depends on the specific court ruling, which separately determines retroactive effect. It’s not safe to count on a rule being struck down in advance and delay preparing under the current requirements.

What happens to an asylum case if, after it’s closed for a missed interview, the person still lacks legal status?

The case is referred to court for expedited removal at the same time the asylum application is closed — these two actions happen together, not one after the other. The applicant has 10 calendar days after the missed date to take action before the case is closed. Once referred to court, the case proceeds under a different process — immigration court proceedings, not the Asylum Office.

Can I use premium processing if my application falls under a category at risk of denial without an RFE?

Premium processing only speeds up the review timeline — it doesn’t protect against a denial without a prior request; an officer can reject the application right away even if premium processing was requested. This is especially sensitive for categories like EB-1, where requesting premium processing in parallel shortens the time available to fix an error after a denial. Careful preparation of the complete document package before filing remains the only real protection, regardless of processing speed.

Does the new duration-of-status limit apply to students who are already finishing their program before September 15, 2026?

The new rules apply to students whose program continues past September 15, 2026, not to those finishing their studies before that date. For students already enrolled, the count toward the four-year maximum plus grace period starts on September 15, regardless of how many years they’ve already spent in status. For those whose program ends before that date, the new limit formally doesn’t have time to apply.

What should applicants do if the withdrawn DHS reform for EB-1/EB-2/EB-3 is proposed again in a new form?

Right now, the reform plan has been fully withdrawn, and no new proposal for these categories has been announced. Applicants should plan around the current rules rather than prepare in advance for a hypothetical future change. If a new reform does appear, it will be a separate process with its own effective dates and transition provisions that will need to be tracked separately.