ビジネス移民法ニュース（2026年7月号）が発行されました。

DHS ISSUES REGULATION TO SIGNIFICANTLY CHANGE THE F-1 STUDENT AND J-1 EXCHANGE VISITOR PROGRAMS
 

On Friday, July 17th, the U.S. Department of Homeland Security (DHS) issued a final regulation which will significantly alter the F student and J exchange visitor nonimmigrant programs. Unless enjoined by a court or Congress, the changes will become effective on Tuesday, September 15th.

The following are some of the changes contained in the final regulation:

1. Elimination of Duration of Status (D/S) – The regulation eliminates F and J nonimmigrants from being admitted for the duration of their status/program. Instead, the F and J nonimmigrants (and their dependents) will be admitted to the end date indicated on their Form I-20 or Form DS-2019 or four years, whichever is earlier. If the F or J nonimmigrants (and their dependents) need additional time to complete their programs, for Optional Practical Training (OPT) or for Academic Training (AT), they will have to apply for an extension of stay prior to the expiration of their admit until date (AUD) on their Form I-94. This will only apply to F and J nonimmigrants who enter the United States on or after September 15th. Special transition rules will apply to F and J nonimmigrants who are already present in the United States as of September 14th and who do not travel internationally after this date, as discussed below.

2. Extension of Stay (EOS) Requests To Become Routine – F and J nonimmigrants (and their dependents) who need to remain in the United States beyond the AUD on their Form I-94 will have to either: 1. File a Form I-539 Extension of Stay application through the U.S. Citizenship and Immigration Services (USCIS); or Travel internationally and request reentry through U.S. Customs and Border Protection (CBP) prior to the AUD. DHS recommends that extension applications be filed at least 180 days prior to the program end date but confirms that there is no regulatory limitation on how early an F or J nonimmigrant may file the application. If the F or J nonimmigrant files for the extension after the program end date but during a departure grace period, the nonimmigrant may not be able to continue previous approved employment authorization through F-1 on-campus employment, F-1 severe economic hardship, F-1 curricular practical training (CPT), or J-1 academic training.

3. Who is eligible for EOS – F and J nonimmigrants whose programs normally last for more than four years may be eligible for an extension of stay as long as they can evidence ongoing financial ability to complete their programs, are maintaining a residence abroad to which they intend to return and continue to be admissible to the United States. If the F and J nonimmigrants need a program extension in order to complete their programs, they will have to be able to evidence a compelling academic reason, a compelling medical reason or circumstances beyond the nonimmigrant’s control (in addition to evidence of ongoing financial ability to complete their programs, maintenance of a residence abroad to which they intend to return and admissibility to the United States) in order to be eligible for the extension. Supporting documentation should be provided to USCIS as part of the Form I-539 filing or presented to the CBP officer (if requested) during the re-admission process. The dependents of F-1 and J-1 nonimmigrants have to file for EOS prior to the expiration of their AUDs.

4. Failure to Timely File EOS or Denials of EOS – If F and J nonimmigrants fail to timely file EOS applications (or travel internationally) prior to the expiration of their AUD, they will begin to accrue unlawful presence. An individual who remains in the United States for more than 180 days may be barred from reentering the United States for 3 years. An individual who remains in the United States for more than one year may be barred from reentering the United States for more than 10 years. If an EOS application is denied and the AUD has passed, the F or J nonimmigrant has to immediately depart the United States or will begin to accrue unlawful presence. A motion to reopen/reconsider the EOS denial does not toll unlawful presence.

5. Change of Educational Objectives is Severely Restricted for F-1 Students – The final regulation severely restricts F-1 ability to change educational objectives (i.e., levels and/or majors) or transfer schools. F-1 students below the graduate level will not be able to change educational objectives or transfer schools during their first year, unless there are extenuating circumstances which are approved by the Student Exchange and Visitor Program (SEVP). F-1 students on the graduate level will not be able to ever change educational objectives. F-1 students on the graduate level may be able to transfer schools if there are extenuating circumstances which are approved by SEVP. In its Frequently Asked Questions (FAQs), SEVP indicates that extenuating circumstances are “rare, exceptional events beyond the control of the school and the affected students.”

6. Change in Academic Levels is also Limited for F-1 Students – The final regulation eliminates F-1 students’ ability to commence a new course of study on the same or lower academic level. Schools with joint degree or academic pathway programs will have to work with their students to manage this restriction. F-1 students can continue their studies at a higher level of education. Also, F-1 students in English Language Training (ELT) Programs are limited to 24 months of ELT in their lifetimes.

7. Impact on F-1 OPT and J-1 AT – F-1 students and J-1 exchange visitors will have to file EOS applications (or travel internationally) as part of the F-1 Optional Practical Training (OPT) or J-1 Academic Training (AT) process, if the OPT or AT would extend beyond their AUDs. DHS has confirmed that EOS applications and OPT applications can be filed concurrently. An OPT application will not be approved until the EOS application is approved. F-1 students may only commence OPT after the OPT Employment Authorization Document (EAD) is issued. For J-1 nonimmigrants, AT will be automatically extended for up to 240 days while the EOS application is pending. Because the USCIS is currently taking more than 10 months to review some I-539 applications, F and J nonimmigrants are encouraged to file I-539 applications as early as possible.

8. Impact on H-1B “Cap Gap” Relief – The final regulation states that there is no change in H-1B “Cap Gap” relief. If an F-1 student’s H-1B quota petition is filed prior to the expiration of his/her OPT EAD card, the student’s employment authorization will be automatically extended until the early of the approval/denial of the H-1B quota petition or April 1st. The F-1 student will not need to file an EOS application as part of the “cap gap” process, even if the student’s AUD expires prior to when the H-1B status becomes effective or April 1st, whichever is earlier.

9. Transition Rules for F and J Nonimmigrants – The final regulation is scheduled to become effective on Tuesday, September 15th. Individuals maintaining F and J nonimmigrant status on this date will be able to take advantage of the transition rules. However, if the F and J nonimmigrant travels internationally and reenters the United States after this date, he/she will no longer be able to take advantage of the transition rules and will be subject to the new rules. The transition rules provide the following:

a. The F and J nonimmigrants will be able to remain in the United States through the end of program date contained on their Forms I-20 or DS-2019 for up to 4 years.
b. F nonimmigrants will continue to have a 60-day departure period. The final regulation changes the departure period from 60 days to 30 days for F nonimmigrants.
c. F-1 nonimmigrants will not have to file an I-539 EOS application in order to extend the AUDs when applying for the OPT EAD as long as they file by March 18, 2027.
d. J-1 nonimmigrants will not have to file an I-539 EOS application in order to extend the AUDs as part of the AT process as long as they file by March 18, 2027.

DHS has indicated that it will be providing guidance to all stakeholders (students, schools, employers and government officers) over the next 60 days prior to the scheduled implementation of the final regulation on September 15th. SEVP has released its first set of FAQs on its website - https://studyinthestates.dhs.gov/final-rule-establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-quick.

Masuda Funai will also continue to provide guidance on the implementation of the new final regulation. The firm’s first webinar is being hosted by NAFSA: Association of International Educators’ Region V on Wednesday, July 22nd at 11amEST/10amCST. Additional information about this webinar (including registration information) is available at https://www.masudafunai.com/events/late-breaking-webinar-implementation-of-the-new-f/j-d/s-regulation. Another webinar is being hosted by the Indian Subcontinent Interest Group (ISIG) of the American Immigration Lawyers Association (AILA) on Tuesday, July 28th at 2pmEST/1pmCST. Additional information will be posted on the firm’s website when it becomes available - https://www.masudafunai.com/newsevents.

FY 2027 H-1B LOTTERY CAP MET
 

On July 17, 2026, USCIS announced that it has received enough H-1B cap-subject petitions to meet the Fiscal Year (FY) 2027 statutory cap, including both the 65,000 regular cap and the additional 20,000 U.S. advanced degree exemption ("master's cap"). As a result, USCIS will not conduct a second H-1B lottery for FY 2027, and only beneficiaries who were selected during the initial registration process are eligible to have cap-subject petitions adjudicated.

The announcement marks the closure of this year's H-1B cap season. Employers that did not have a registration selected will need to explore alternative work authorization options or wait until the FY 2028 H-1B registration period, which is expected to open in early March 2027. FY 2027 was also the first H-1B cap season conducted under the new weighted lottery system, although USCIS has not yet released statistics regarding selection rates or the impact of the revised process.

$750.00 FEE TO PROVIDE EARLIER B-1/B-2 VISA APPOINTMENTS

The U.S. Department of State (DOS) is launching a pilot program that will allow certain B-1 (Business Visitor) and B-2 (Tourist) visa applicants to secure an interview appointment within 10 business days by paying an additional $750 fee.

The program will be available at select U.S. consular posts through December 31, 2026. Participation is voluntary, and each consular post will determine whether to offer the service based on local demand and appointment capacity. The DOS has not yet released a complete list of participating posts.

What does the $750.00 fee cover?
The fee only provides access to an earlier visa interview appointment. It does not:

• Shorten visa processing times after the interview;
• Expedite administrative processing or security checks;
• Include the standard MRV visa application fee (currently $185 for B-1/B-2 visas);
• Cover any applicable reciprocity fee; or
• Cover other visa-related fees, such as the Fraud Prevention and Detection Fee for Blanket L applicants.

Payment of the fee does not guarantee visa approval.

How does the program work?
B-1/B-2 via Applicants must first:

1. Complete the online Form DS-160 in the Consular Electronic Application Center (CEAC) system;
2. Pay the required MRV fee; and
3. Schedule a regular visa interview appointment.

If expedited appointments are available at the selected U.S. Consular Post, the applicant will be shown available interview dates. When the appointment is selected, the system will temporarily hold the appointment—typically for 5 to 10 minutes—while payment of the $750 fee is completed online.

Expedited appointments will only appear if they are available at that location.
The fee is charged per applicant, not per appointment. As a result, each family member or accompanying traveler seeking an expedited appointment must pay a separate $750 fee.

Is the $750.00 fee refundable?
No. The fee will not be refunded if the applicant does not attend the interview; if the visa application is denied; or if the applicant decides not to proceed with the application.

Are other expedited appointment options still available?

Yes. Visa applicants may continue to request an appointment for nonimmigrant visa processing on an expedited basis in these situations:

• Referral Process - A senior U.S. government official at the diplomatic mission requests an expedited appointment because the travel serves a U.S. government interest.
• Priority Appointment Process - U.S. government employee requests an earlier appointment when the travel is determined to benefit U.S. interests.
• Applicant Requested Expedite – A consular post grants an expedited appointment request based on humanitarian circumstances or other post-specific urgent travel criteria.

The DOS is implementing the pilot program in anticipation of increased demand for visitor visas leading up to the 2028 Olympic and Paralympic Games in Los Angeles.

Additional information, including participating consular posts and payment procedures, is expected to be posted on the DOS’ website at www.travel.state.gov.

CHANGES TO LOCATIONS FOR VISA PROCESSING IN AFRICA
 

The DOS is shifting visa processing services in Africa to regional hubs for both nonimmigrant visa services and immigrant visa (Green Card) applications. This reassignment of visa processing becomes effective August 1, 2026.

The regionals hubs in Africa are located in Luanda, Angola; Yaoundé, Cameroon; Praia, Cape Verde; Abidjan, Côte-d’Ivoire; Kinshasa, Democratic Republic of the Congo; Djibouti, Djibouti; Dar-Es-Salaam, Egypt; Malabo, Equatorial Guinea; Addis Ababa, Ethiopia; Accra, Ghana; Nairobi, Kenya; Monrovia, Liberia; Port Louis, Mauritius; Lagos, Nigeria; Kigali, Rwanda; Dakar, Senegal; Cape Town and Johannesburg, South Africa; Lome, Togo; and Kampala, Uganda.

Services to U.S. citizens will continue to be available at posts in Cotonou, Benin; Gaborone, Botswana; Bujumbura, Burundi;  N’Djamena, Chad; Brazzaville, Congo; Asmara, Eritrea; Mbabane, Eswatini Ouagadougou, Burkina Faso;; Libreville, Gabon Banjul, The Gambia; Conakry, Guinea; Maseru, Lesotho; Antananarivo, Madagascar; Lilongwe, Malawi; Bamako, Mali; Nouakchott, Mauritania; Maputo, Mozambique; Windhoek, Namibia Niamey, Niger Freetown, Sierra Leone; Durban, South Africa; Juba, South Sudan; Lusaka, Zambia; and Harare, Zimbabwe.  These posts may also offer limited nonimmigrant visa processing.

DHS IMPLEMENTS NEW PUBLIC CHARGE REGULATION FOR IMMIGRANTS

Citing the need to conform to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), signed into law by President William J. Clinton, DHS issued a final regulation on July 20, 2026, addressing the standards immigrants must meet to demonstrate that they will not become a “public charge.” DHS proposed the rule on November 19, 2025, and received more than 8,800 comments, most opposing the rule. The new regulation rescinds the prior regulation issued on September 9, 2022.

Why does “public charge” matter?
While the Statue of Liberty symbolizes a beacon of welcome for the “tired, your poor ... huddled masses yearning to breathe free,” immigration law requires people seeking to immigrate to the United States to establish that they will not become a financial burden on the country and its citizens. Even refugees have been denied Green Cards where they had never worked, were unlikely to work in the United States, and were receiving federal benefits, such as Supplemental Security Income, and/or state public or social service funds. Individuals who become a public charge within five years of entry may be deportable.

What factors will USCIS assess when determining if a person will become a public charge?
The new regulation restores broader discretion to USCIS officers to determine whether Green Card applicants meet the statutory public charge standard by considering any information the officer deems relevant. The scope of review extends beyond public benefits previously received by the Green Card applicant and focuses on the following:

• The individual’s age, health, family status, assets, resources, financial status, education, and skills.
• Whether the individual’s receipt of any means-tested public benefits. The receipt of means-tested public benefits is only one factor and does not automatically result in a public-charge finding.
• Any case-specific factors and circumstances considered relevant to their application.
• Any empirical data relevant to the individual’s financial self-sufficiency.

To whom does this apply?
The regulation applies to any application for permanent resident status (Form I-485) received by USCIS, and to any application for admission to the United States, on or after September 18, 2026.

This rule governs DHS adjudications. The DOS applies its own public-charge guidance when adjudicating immigrant visa applications at U.S. consular posts, as discussed in our November 2025 Business Immigration Monthly. Individuals may still be assessed for possible inadmissibility under the public charge rule when applying to enter the United States.

When does this new public charge assessment model go into effect?
The regulation goes into effect on September 18, 2026. DHS advises that USCIS will issue “nonbinding subregulatory guidance” in its Policy Manual. Individuals with pending applications for permanent residence will be evaluated under the prior 2022 framework. DHS also states that it will not consider previously excluded non-cash benefits received before the effective date when making public charge determinations.

What’s the bottom line?
Individuals seeking permanent residence who are subject to the public-charge ground should evaluate the potential immigration consequences before applying for means-tested public benefits.

CRITICAL USCIS SIGNATURE UPDATES
 

Effective July 10, 2026, USCIS has implemented a significant interim final regulation strengthening its authority to reject or deny immigration benefit requests with invalid signatures.

Key changes introduced by the role are:

• USCIS may now deny, not just reject, benefit requests with invalid signatures
• Filing fees may be retained upon denial for invalid signature
• There is no opportunity to cure signature deficiencies through RFE Response
• This applies to all requests submitted on or after July 10, 2026

Acceptable signatures include scans of documents that have been hand-signed. The new rule also requires that the original signed document be retained because USCIS maintains the right to request it at any time.

Invalid signatures include stamps or superimposed signatures that are digitally placed on a PDF or other document, or typed names in cursive.

DOJ INVESTIGATIONS AND SANCTIONS AGAINST EMPLOYERS CONTINUE

The Department of Justice's (DOJ) Immigrant and Employee Rights Section (IER) remains active in investigating employers for discriminatory immigration-related hiring and employment practices.

• Creative Team, LLC, a Texas company specializing in digital transformation services, agreed to pay $4,730 in civil penalties to resolve allegations of citizenship status discrimination in recruiting and hiring. The investigation began on February 6, 2025.
• Whirlpool, LLC agreed to pay $125,000 in civil penalties and establish a $100,000 compensation fund for employees who lost work because of Form I-9 compliance errors. The investigation, which began on November 5, 2021, found that over a two-year period Whirlpool required certain non-U.S. citizens to provide more documentation than required to prove work authorization and improperly requested that lawful permanent residents present updated documentation when their Permanent Resident Cards expired. In addition to the monetary penalties, Whirlpool must undergo extensive compliance monitoring for three years. The company will provide Forms I-9, E-Verify records, and audit reports for review every 60 days, and its HR personnel will be assessed on their understanding of I-9 compliance requirements.
• Diamondpick, Inc. (d/b/a Galent) agreed to pay $141,900 in civil penalties after the IER found that the company posted at least thirty job advertisements limiting applicants based on citizenship status. The company will remain subject to government monitoring of its hiring and recruiting practices for two years.

These cases serve as a reminder that employers should regularly review hiring, onboarding, and I-9 procedures to ensure compliance and avoid discriminatory practices.

For additional guidance, visit our Worksite Compliance resources.

PROJECT FIREWALL UPDATES: INCREASED H-1B FRAUD INVESTIGATIONS

As discussed in our December 2025 Business Immigration Monthly, Project Firewall is a joint enforcement initiative that the Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC) began to combat discriminatory hiring practices that could disadvantage U.S. workers, especially in the H-1B hiring process. On July 8, 2026, the DOL’s Office of Inspector General (OIG) announced that it has launched a major investigation targeting alleged fraud, human trafficking, and abuse within the H-1B and PERM labor certification programs. According to the agency, the investigation will focus on employers and labor brokers suspected of submitting fraudulent applications, engaging in wage-kickback schemes, exploiting foreign workers through coercive labor practices, and using the employment-based immigration system in ways that undermine its intended purpose. The initiative is being conducted in coordination with other federal law enforcement agencies.

As part of the announcement, the OIG also unveiled a nationwide public awareness campaign encouraging U.S. workers who believe they have been displaced by visa fraud, as well as foreign nationals who have experienced exploitation, benching, fraudulent recruitment, wage kickbacks, or forced labor, to report suspected violations through the OIG Hotline. The agency stated that information leading to successful enforcement actions may qualify for monetary rewards or other benefits under applicable law.

While the announcement does not introduce any new legal requirements for H-1B or PERM employers, it signals a significant increase in investigative and enforcement activity surrounding employment-based immigration programs. Employers should continue to ensure strict compliance with H-1B and PERM regulations, maintain accurate documentation, and promptly address any potential compliance concerns. Given the Administration's stated enforcement priorities, employers sponsoring foreign workers should expect heightened scrutiny of recruitment practices, wage compliance, and the accuracy of immigration filings.

UPDATED -- CURRENT STATE OF TPS DESIGNATIONS AND PAROLE PROGRAMS
 

As discussed in our June Business Immigration Monthly, Temporary Protected Status (TPS) has ended or is scheduled to end for many countries. Employers may wish to identify affected employees, monitor work authorization expiration dates, and ensure timely updates to their Form I-9 Employment Eligibility Verification records. Employees losing TPS-based work authorization should evaluate alternative immigration options as soon as possible.

The chart below (which is current as of July 20, 2026) summarizes the status of TPS designations and related work authorization validity dates. Because these dates can have immediate employment consequences, employers should review their workforce records and plan for upcoming expirations.

As noted in the February 2026 Business Immigration Monthly, several parole programs remain available, although some continue to face operational restrictions or ongoing litigation.

The status of TPS and parole programs continues to change rapidly through agency action and litigation. Employers should closely monitor developments and review work authorization documents well before expiration dates to ensure ongoing compliance and avoid workforce disruptions.

PERM CHANGES ON THE HORIZON
 

The DOL has signaled that significant changes to the PERM labor certification process may be on the horizon. According to the Spring 2026 Unified Agenda of Federal Regulatory and Deregulatory Actions, the DOL plans to issue a Notice of Proposed Rulemaking (NPRM) titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program”. The proposal is expected to modernize the PERM recruitment process, which has remained largely unchanged since 2004, by updating recruitment standards to reflect current hiring practices and technology, strengthening protections for U.S. workers, enhancing employer compliance with anti-discrimination requirements, and revising PERM recordkeeping obligations.

At this stage, no proposed rule has been published, and the Unified Agenda does not contain the specific regulatory language or implementation timeline. Any future changes will first be released in a proposed rule and will be subject to a public notice-and-comment period before becoming effective. Employers should continue to follow the current PERM regulations while monitoring for further developments, as these anticipated changes could significantly impact the employment-based permanent residence process.

MFEM NEWS

Masuda Funai To Host Webinar on Historic Changes to the F Student and J Exchange Visitor Programs

As discussed above, Masuda Funai will be hosting a webinar in conjunction with NAFSA: Association of International Educators’ Region V regarding the significant upcoming changes to the F Student and J Exchange Visitor programs on Wednesday, July 22nd at 11amEDT/10amCDT.

Mr. Bob White, co-Chair of the Masuda Funai Immigration Group, will be discussing the history of Duration of Status in the F and J programs, the introduction of fixed periods of admission in the programs, the new academic restrictions in the F-1 program and the transition rules contained in the regulation. He will also be answering questions about the new regulation.

Additional information about the webinar (including registration information) is available on the Masuda Funai website - https://www.masudafunai.com/events/late-breaking-webinar-implementation-of-the-new-f/j-d/s-regulation.

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Masuda Funai is a full-service law firm with offices in Chicago, Detroit, Los Angeles, and Schaumburg.