Immigration This Week: Deference, EADs, PERM (Oct 12-19, 2026)

This is the first edition of a weekly digest for attorneys running EB-1A, O-1 and H-1B practices. Each item answers three questions: what happened, whose files it touches, and what to do before next Monday. Primary sources are linked for every fact.

The week had an obvious theme. Almost every action shortens a deadline, removes a safety net, or raises a cost.

Nine items, one table. Statuses are as of October 19, 2026.

What changed	Status	Effective or deadline	Who it affects
Deference to prior approvals removed (8 CFR 214.1(c)(5))	Proposed rule	Comments close Nov 13, 2026	H-1B, L-1, O-1, TN, E and other I-129 extensions
Automatic EAD extensions ended	Final rule	Effective Oct 14, 2026	Renewal filers in covered EAD categories
Civil penalties for failure to depart and improper entry	Final rule	Effective Oct 14, 2026	People with voluntary departure orders or final removal orders
Refugee termination notice cut to 10 days	Interim final rule	Effective Oct 14; comments close Nov 13, 2026	Refugees who have not yet adjusted status
OPT fees of $70,000 initial and $30,000 subsequent	Proposed rule	Comments close Nov 9, 2026	F-1 students and the employers that hire them
PERM suspension at eight employers	DOL action	Announced Oct 8, 2026	EB-2 and EB-3 workers at those companies
$100,000 H-1B payment	Blocked; on appeal	Ninth Circuit appeal filed Oct 9, 2026	New H-1B petitions for workers abroad
DV-2027 registration reopened by court order	Preliminary injunction	Registration opens Nov 1, 2026	Diversity visa entrants
Inflation-adjusted asylum, TPS, EAD and parole fees	In effect	Postmarked on or after Oct 16, 2026	Asylum, TPS and parole filers

DHS Wants Officers to Re-Prove Every Extension

What happened. On October 14, DHS published a proposed rule titled "Removing Deference to Prior USCIS Determinations of Eligibility" (91 FR 65119). It would delete 8 CFR 214.1(c)(5). That paragraph tells officers adjudicating an I-129 with the same parties and the same underlying facts to defer to the earlier approval, unless there was a material error, a material change, or new material information that cuts against eligibility.

Deference has flipped before. USCIS adopted it by memo in April 2004, rescinded it in October 2017 (PM-602-0151), brought it back in April 2021, and codified it in the December 2024 H-1B modernization rule. DHS now says the regulation shifts the burden of proof away from petitioners and discourages officers from looking at the full record.

Who it affects. The preamble lists the classifications that request extensions on Form I-129: E-1, E-2, E-3, H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, the P classifications, Q-1, R-1 and TN. For O-1 practices the exposure is obvious. An O-1A beneficiary approved three years ago on a thin judging or press record would have to carry that record again, on the current evidence, with no presumption in their favor.

What to do this week. Nothing changes for filings today, because a proposed rule is not law. Two things are worth doing anyway:

• Draft a comment before November 13 if your practice has data on extension RFE rates, re-litigation costs or employer reliance.
• Stop writing extension petitions that lean on "previously approved" language. Build each one as if it were an initial filing, with a current exhibit index.

Our full breakdown of the deference proposal and what it means for O-1 and H-1B extensions covers the comment arguments in detail.

Automatic EAD Extensions Are Gone for Good

What happened. DHS published a final rule (91 FR 65306), effective October 14, that adopts the October 30, 2025 interim final rule without changes. The amended 8 CFR 274a.13 now says that the up-to-540-day automatic extension applies only to renewal applications filed before October 30, 2025. A renewal filed on or after that date does not keep the old card alive.

There is one carve-out. Automatic extensions granted by law or through a Temporary Protected Status Federal Register notice survive.

Who it affects. Anyone in a covered category whose renewal is still pending when the card expires. DHS answered comments about H-4 spouses directly: the rule leaves H-4 and L-2 eligibility to apply for an EAD intact and removes only the automatic extension tied to a renewal filed on or after October 30, 2025.

What to do this week. Pull every client and dependent EAD with an expiration date in the next six months. File renewals as early as USCIS allows, warn employers in writing that a pending I-765 no longer extends I-9 eligibility, and flag any H-4 spouse whose employment depends on the card. Our article on the final EAD rule has the category-by-category list.

A $70,000 Fee Would Change the F-1 to H-1B Path

What happened. On October 8, DHS proposed Optional Practical Training fees (91 FR 64566): $70,000 for initial OPT and $30,000 for any subsequent OPT, charged per F-1 student. Comments close November 9. DHS proposes that the final rule take effect 60 days after publication, and the fee would attach to any DSO recommendation dated on or after that effective date.

Who it affects. Students in their final year, the universities that issue DSO recommendations, and every employer that recruits through OPT and STEM OPT before an H-1B lottery. EB-1A and O-1 practices feel it too. Plenty of early-career researchers spend their OPT period building the publication and judging record that later supports an extraordinary ability petition.

What to do this week. Tell clients with graduation dates in 2027 that timing could matter. A DSO recommendation issued before a final rule's effective date would fall outside the fee as proposed. See our analysis of the $70,000 OPT fee proposal for the comment strategy.

DOL Froze PERM at Eight Large Employers

What happened. On October 8, the Department of Labor announced PERM suspensions for Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL and Capgemini. According to WR Immigration's summary, DOL will stop processing pending PERM applications from these employers and refuse new ones. The firm points to 20 CFR 656.31(b), which allows an initial suspension of up to 180 days, extendable while an investigation or judicial proceeding is open. Greenberg Traurig reported that as of October 9, DOL had not published a Federal Register notice, an OFLC directive or a detailed release defining scope and duration.

Who it affects. EB-2 and EB-3 workers at those eight companies whose labor certifications are pending or not yet filed. The announced action is a PERM suspension; it does not suspend H-1B filings, and an approved I-140 is a USCIS decision that sits past the DOL step. The sharper risk is for H-1B workers near the six-year limit, who often need a timely PERM filing to extend beyond it, as Greenberg Traurig points out.

What to do this week. If you represent employees of these companies, sort them into three groups: approved I-140, pending PERM, and PERM not started. Check six-year dates first. For the second and third groups, look hard at self-petition routes. EB-1A under 8 CFR 204.5(h) needs no labor certification and no job offer, and a strong senior engineer at one of these companies may already meet three criteria.

The $100,000 H-1B Payment Is Extended, and Still Blocked

What happened. A September 18, 2026 proclamation extended the fee from Proclamation 10973 through September 21, 2027. Courts have kept it from being collected. The District of Massachusetts vacated the agency policy on June 8 (our analysis of that ruling), and the First Circuit denied the government a stay on July 24. Then on September 30, in Global Nurse Force v. Trump, the Northern District of California set aside the agency memos, FAQs and payment procedures under both proclamations. On October 9, the government appealed to the Ninth Circuit and asked for a stay.

Who it affects. Employers filing new H-1B petitions for workers outside the United States.

What to do this week. Change-of-status and extension petitions for workers already in the United States were never covered. For consular-processing cases, file while the fee is blocked rather than later, because a Ninth Circuit stay would change the math overnight. Keep proof of the filing date for every petition filed in this window.

The Supreme Court Will Decide No-Bond Detention

What happened. On October 1, the Supreme Court granted certiorari in Rhoney v. Barbosa da Cunha, No. 26-104. The question presented is "whether 8 U.S.C. 1225(b)(2)(A) mandates the detention pending removal proceedings of aliens who, like respondent, are present in the United States without having been admitted." The decision below is the Second Circuit's opinion at 175 F.4th 61, which rejected the government's reading.

Who it affects. Removal defense, mostly. Business immigration firms see it through family members of employees and through clients who once entered without inspection and later gained status by another route.

What to do this week. Keep filing bond motions and habeas petitions under current circuit law. A merits ruling would normally arrive before the Court's term ends in mid-2027.

Refugees Get 10 Days; Civil Penalties Become Permanent

Two enforcement rules took effect October 14 with almost no notice.

The refugee interim final rule amends 8 CFR 207.9 so that a refugee who receives a Notice of Intent to Terminate has 10 days to respond instead of 30. Comments are due November 13. Ten days is barely enough to get a client into the office, obtain the file and write a response, so any refugee client who has not adjusted to permanent residence should have an I-485 strategy on file today.

The civil penalties final rule finalizes the June 27, 2025 interim rule on fines for failing to depart during voluntary departure, failing to depart after a final removal order, and improper entry. There is one change. ICE can now accept a late appeal when the person documents a mail delay beyond their control. Keep envelopes and tracking records.

Diversity Visa Registration and New Fees on October 16

DV-2027. On October 14, a federal court in Red Eagle v. Rubio (S.D. Cal.) issued a preliminary injunction that, according to the Visa Lawyer Blog summary, requires the State Department to announce dates on October 29, open registration on November 1 for 30 days, and notify selected entrants on December 3. Winners would have less than a year to finish processing before the fiscal year ends. Tell interested clients to watch for the October 29 announcement.

Fees. USCIS raised several H.R. 1 fees for anything postmarked on or after October 16, 2026:

• Annual asylum fee: $102 to $105
• Form I-821 (TPS): $510 to $520
• Initial EAD for asylum applicants, parolees and TPS applicants: $560 to $570
• Form I-131 parole fee: $1,020 to $1,050

USCIS rejects filings with the old amount. Update fee checklists and any client invoice templates that quote the 2026 numbers. Our annual asylum fee guide explains how nonpayment leads to rejection and EAD loss.

What Belongs on Your Calendar Before November 13

1. October 29: State Department announces DV-2027 registration dates.
2. November 1: DV-2027 registration opens for 30 days.
3. November 9: comments close on the OPT fee proposal.
4. November 13: comments close on the deference proposal and the refugee termination rule.
5. Any day: a Ninth Circuit ruling on the government's stay request in the H-1B fee case.

The deference proposal is the item to plan around. If it becomes final, an O-1 or H-1B extension stops being a renewal and becomes a full new adjudication. Firms that already treat every extension as a fresh petition, with every claim tied to an exhibit, will absorb that change with the least rework. For more policy coverage, see the immigration policy hub.

PERM-frozen engineers and O-1 holders worried about extension scrutiny will both ask whether an EB-1A is realistic. Run their records through the free EB-1A case evaluator before the consultation, or contact us to see how Immigration Copilot maps each client document to criteria and checks every petition claim against the exhibits.