RECENT 30 DAYS
10·10—11·08Developments in the last 30 days
#03 D/S Fixed Admission PeriodF-1The government filed the record index and excerpts cited in its request for judgment for the judge to review. The nationwide D/S stay continues.#05 August 12 / 24 CPT GuidanceCPTThe judge heard both sides on pausing the CPT guidance and decided to rule later. The guidance remains in use.#06 H-1B / PERM Wage FloorsH-1BDOL sent the wage final rule to OIRA for review before publication. Current wage levels continue to apply; the published final rule will set the final levels and effective date.#05 August 12 / 24 CPT GuidanceCPTPlaintiffs replied that the notices changed the longstanding practice of allowing elective internships for credit to qualify for CPT and asked the court for a pause. The court also allowed registered public telephone access. The hearing is November 6 at 3 p.m. ET; the guidance remains in use.#03 D/S Fixed Admission PeriodF-1D/S case: plaintiffs responded that DHS inadequately assessed costs and benefits, SEVIS alternatives and public comments, and that the 32-day comment period was too short. They ask the court to strike down the whole rule. The nationwide pause continues; the government’s appeal brief is due November 9.#03 D/S Fixed Admission PeriodF-1D/S case: the government filed its final reply asking to win; as a fallback, it asks the court to send the rule back to DHS for more explanation while keeping it, and to limit the pause to the plaintiffs. Plaintiffs want the whole rule struck down. The nationwide pause continues; the government’s appeal brief is due November 9.#03 D/S Fixed Admission PeriodF-1D/S case: both sides asked the court to decide the case on the written record without a trial. The government asks to win outright, or at least to have the rule sent back to DHS without being struck down, or the pause narrowed; plaintiffs ask the court to strike down the whole rule. The nationwide pause continues.#05 August 12 / 24 CPT GuidanceCPTCPT lawsuit: the court let plaintiffs file a reply of up to 15 pages by November 4; the November 6 hearing stands.#09 EAD Renewal ExtensionsH-1BJane Doe case: the court moved the hearing on the government’s request to end the case and the scheduling conference to November 16, 4 p.m. Pacific / 7 p.m. Eastern.#02 $103,265 H-1B SurchargeH-1BSeparate $100,000 fee case: the district court refused to pause its case during the appeal and ordered the government to turn over its administrative record.#05 August 12 / 24 CPT GuidanceCPTCPT lawsuit: the government opposed, arguing the plaintiffs lack standing and SEVP’s notices cannot be reviewed by a court; the November 6 hearing stands.#03 D/S Fixed Admission PeriodF-1D/S case: the court moved requests for judgment on the written record to October 30 and kept final replies due November 2; the government filed the index of its administrative record. The nationwide pause continues.#12 PERM Labor Certification ReformH-1BThe White House’s OIRA finished reviewing the PERM reform proposal and cleared it once changes are made (Consistent with Change). Next, DOL publishes the full proposal.#03 D/S Fixed Admission PeriodF-1D/S case: the government asked to move requests for judgment to October 30 and replies to November 6.#02 $103,265 H-1B SurchargeH-1BSeparate $100,000 fee case: the two sides filed a joint scheduling statement, each proposing a different timetable.#03 D/S Fixed Admission PeriodF-1D/S appeal: the First Circuit set the government’s brief and appendix for November 9.#05 August 12 / 24 CPT GuidanceCPTCPT lawsuit: the court gave the government until October 28 to respond.#03 D/S Fixed Admission PeriodF-1D/S case: the court set a schedule: administrative record October 23, requests for judgment October 26, replies November 2.#13 H-1B Layoff-Review Executive OrderH-1BDOJ announced its settlement with Cloudera: for 24 months from its latest PERM withdrawal, Cloudera may not file PERM applications (ETA Form 9089) or post PERM job ads.#02 $103,265 H-1B SurchargeH-1BSeparate $100,000 fee case: plaintiffs opposed pausing the district case during the appeal.#02 $103,265 H-1B SurchargeH-1BSeparate $100,000 fee case: the Ninth Circuit set the schedule in appeal No. 26-6667, with the government’s brief due November 6 and plaintiffs’ answer December 4.#09 EAD Renewal ExtensionsH-1BThe final rule ending automatic extensions for certain EAD renewals was published and took effect (91 FR 65306), keeping the 2025 interim rule unchanged; the cutoff is still October 30, 2025.#14 Renewal DeferenceH-1BThe proposal to stop deferring to earlier I-129 approvals at extension time was published (91 FR 65119); comments close November 13.#09 EAD Renewal ExtensionsH-1BFinal rule posted for public inspection: the 2025 removal of certain EAD automatic extensions is kept unchanged; renewals filed before the cutoff and legal exceptions keep their extensions.#14 Renewal DeferenceH-1BDHS posted a proposal for public inspection: I-129 extensions would no longer defer to earlier approvals even when the employer, worker and facts are unchanged.