Stay Path Radar

U.S. Stay Path Policy Radar

12 policy developments · 52 school/department records

Your path in the U.S.Select a stage to explore its policies
#03D/S Fixed Admission PeriodRegulationNationwide court stay · September 15 effective date postponed
#05August 12 / 24 CPT GuidanceGuidanceSchools are applying the new standard
#01$100,000 OPT FeeRegulation review completed · Not in effect#09I-765 Criminal-Record ReviewRegulationComment period closed · Not in effect
#02$103,265 H-1B SurchargeRegulationProposed rule · Comments due September 24#04Wage-Weighted H-1B SelectionRegulationIn effect · Used beginning with FY2027
6 more policies
#06H-1B / PERM Wage FloorsRegulationComment period closed · Not in effect#07H-1B Classification ReformRegulationUnder review · Not in effect#08Ending the 60-Day Grace PeriodRegulationProposed rule · Comments due November 10#10H-4 Spousal EADRegulationLong-term agenda · No proposal date#11PERM Labor Certification ReformRegulationUnder review · Not in effect#12H-1B Layoff-Review Executive OrderExecutive orderExecutive order signed · Tracking implementation
RECENT 30 DAYS

Developments in the last 30 days

08·26—09·24
#12 H-1B Layoff-Review Executive OrderH-1BThe President signed an order directing interagency coordination, consideration of relevant layoffs and review of prior data; it does not impose automatic denial after layoffs.#03 D/S Fixed Admission PeriodF-1The Senate Judiciary Committee was discharged by petition and CRA disapproval resolution S.J.Res.213 was placed on the Senate calendar. This is a procedural step, not a vote or passage, and is tracked separately from the court stay.#03 D/S Fixed Admission PeriodF-1Lawmakers announced a CRA resolution to disapprove the final rule. Introduction is not enactment; the nationwide court stay is a separate proceeding.#03 D/S Fixed Admission PeriodF-1The court postponed the entire rule nationwide and barred further implementation. This is not permanent vacatur; the September 15 effective date is postponed.#11 PERM Labor Certification ReformH-1B submitted its recruitment and employer-compliance reform proposal for prepublication review; it is not in effect.#01 $100,000 OPT FeeOPT completed review with changes. The amount and payer remain unpublished; it is not in effect.#08 Ending the 60-Day Grace PeriodH-1BThe was published. Public comments are due November 10 before midnight ET; it is not in effect.#08 Ending the 60-Day Grace PeriodH-1BThe preview is public, covering eight worker classifications and their dependents. The current rule is unchanged.#03 D/S Fixed Admission PeriodF-1Transcript p. 70: the judge hoped to decide by September 14 and might first issue a brief TRO for more time. No bench ruling was issued; September 14 is not guaranteed.#03 D/S Fixed Admission PeriodF-1The government attached its proposed opposition to a motion for leave to exceed the page limit, asking the court to deny APA § 705 relief and a and arguing that any relief should be limited to the plaintiffs. The filing is not a court ruling.#08 Ending the 60-Day Grace PeriodH-1B cleared the proposal with changes. may publish an , but the current 60-day grace period has not changed.
IMPACT RANKING

Highest-impact barriers

Ranked by potential impact on the stay path, #01 highest · Colors mark the path stage

12 items
#01
Community score
—/10
Federal rulemaking
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Federal rulemakingRule text and fee amount are not public

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: completed OPT fee proposal review with changes on September 11. No public was located; the amount and payer are unpublished and the fee is not in effect.

  1. 1Draft / agendaCompleted
  2. 2 reviewCurrent stage
  3. 3 publishedNot reached
  4. 4Public commentNot reached
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
OPTH-1B transition

OPT May Carry a $100,000 Fee

OIRA review completed · Not in effect

proposes a new OPT fee. Media reports suggest $100,000, but the official amount, payer, covered applications and exemptions remain unpublished; student payment cannot be assumed.

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  2. 1653-AB01 was submitted to / for review.

  3. Universities cautioned that the $100,000 figure came from media reporting, not a published government document.

  4. completed review with changes; this does not mean an was published or a fee took effect.

  5. Rule text and fee amount are not public

  6. Await a published to confirm the amount, payer, coverage and comment deadline.

  7. publication, a final rule and any effective date remain unconfirmed.

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#02
Community score
—/10
Federal rulemaking
?
Federal rulemakingPublished proposal open for comment

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: The is public and the comment period is open. must review the comments before it can issue a final rule.

  1. 1Draft / agendaCompleted
  2. 2 reviewCompleted
  3. 3 publishedCompleted
  4. 4Public commentCurrent stage
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
H-1BOPT → H-1BH-1B selection

Proposed $103,265 H-1B Surcharge

Proposed rule · Comments due September 24

proposes a $103,265 surcharge, in addition to existing fees, for every petition. The proposal includes U.S. advanced-degree cases and F-1 change-of-status petitions; petitions are outside the surcharge. Submit a public comment ↗

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  1. published the $103,265 fee .

  2. Federal Register corrected Table 13 historical receipt figures; the amount, scope and comment deadline are unchanged.

  3. Published proposal open for comment

  4. The public comment period closes, providing the clearest current opportunity to participate.

  5. may issue a final rule, which could then face litigation.

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#03
Community score
—/10
Federal rulemaking
?
Federal rulemakingNationwide stay issued; effective date postponed

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: On September 14, the court postponed the entire final rule nationwide under APA § 705 and barred / from implementation until further order or resolution on the merits. The September 15 effective date is postponed.

  1. 1Draft / agendaCompleted
  2. 2 reviewCompleted
  3. 3 publishedCompleted
  4. 4Public commentCompleted
  5. 5Final ruleCurrent stage
  6. 6EffectiveNot reached
F-1CPTOPT

Court Stays the D/S Final Rule Nationwide

Nationwide court stay · September 15 effective date postponed

On September 14 the court postponed the rule ending nationwide and barred further implementation, so the rule will not take effect on September 15 as scheduled. It would replace for F and J status with fixed periods generally capped at four years and add extension and academic-mobility restrictions; none of those requirements apply while the stay lasts.

Draft / agenda review publishedPublic commentFinal ruleEffective
Court proceedings
  1. Lawsuit filed
  2. Proposed opposition
  3. Hearing held; decision pending
  4. Nationwide stay
Past Now Expected

  2. published the proposed rule.

  3. published the final rule.

  4. A coalition of universities and other plaintiffs filed suit in federal court in Massachusetts.

  5. The court extended the government response deadline to September 2; the September 3 preliminary-injunction hearing remained on the calendar.

  6. The government attached its proposed opposition to a motion for leave to exceed the page limit, asking the court to deny APA § 705 relief and a and opposing summary judgment before the administrative record is filed.

  7. After hearing arguments, the court took the request under advisement. Transcript p. 70 records a hoped-for decision by September 14 and a possible brief TRO, neither an issued order.

  8. The court issued a postponing the entire rule nationwide and barring further implementation; this is not permanent vacatur.

  9. Lawmakers introduced CRA joint resolutions to disapprove the rule (S.J.Res.213 in the Senate, H.J.Res.215 in the House); introduction is not passage or enactment.

  10. The Senate Judiciary Committee was discharged by petition, and S.J.Res.213 was placed on the Senate calendar under General Orders (Calendar No. 668); this is not a vote or passage.

  11. Nationwide stay issued; effective date postponed

  12. In-person status conference at noon, Courtroom 1, Boston (docket entry 52); not a new effective date.

  13. Await further court orders or a merits decision; no new effective date is set.

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#04
Community score
—/10
Federal rulemaking
?
Federal rulemakingFinal rule in effect and implemented

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: completed the , public-comment, and final-rule stages. The rule took effect on February 27, 2026 and applies wage-level-weighted selection beginning with the FY 2027 H-1B registration season.

  1. 1Draft / agendaCompleted
  2. 2 reviewCompleted
  3. 3 publishedCompleted
  4. 4Public commentCompleted
  5. 5Final ruleCompleted
  6. 6EffectiveCurrent stage
H-1BOPT → H-1BH-1B selectionCap-subject

H-1B Selection Now Weights Wage Levels

In effect · Used beginning with FY2027

USCIS replaced equal-probability selection for cases with a wage-level-weighted process. Wage Levels I, II, III, and IV receive one, two, three, and four entries respectively. The rule took effect on February 27, 2026 and applies beginning with the FY 2027 registration season.

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  2. published the wage-level-weighted selection .

  3. published the final rule with the proposed four wage-level weights unchanged.

  4. The rule took effect and applied to the FY 2027 H-1B registration season.

  5. Final rule in effect and implemented

  6. USCIS will continue weighting selection by the level for the occupation, work location, and offered wage unless the rule is later changed.

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#05
Community score
—/10
administrative guidance
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administrative guidanceSchools are applying the new standard

/ uses messages, FAQs, and similar materials to explain existing rules, and schools and DSOs apply that guidance directly. Because guidance does not amend the , it generally has no , public-comment, or final-rule stages. Implementation can be rapid, but guidance has less legal force than a regulation.

This policy: first issued a compliance-risk notice and then narrowed the CPT standard. Schools and DSOs are already applying that interpretation.

  1. 1Risk noticeCompleted
  2. 2Standard clarifiedCompleted
  3. 3School implementationCurrent stage
  4. 4Enforcement monitoringNot reached
  5. 5Further guidanceNot reached
CPTDay-1 CPTInternships

Tighter CPT Guidance: An Elective Internship Course Is No Longer Enough

Schools are applying the new standard

says schools should authorize CPT only when the training is necessary to complete the degree and is a graduation requirement for every student in the program. Registering for an optional internship course is generally not enough, and the employer must have a with the school.

Risk noticeStandard clarifiedSchool implementationEnforcement monitoringFurther guidance
Past Now Expected

  2. 2608-01 already required training indispensable to the degree and required for every student, and emphasized and school duties.

  3. Several universities paused course-credit or optional CPT, or limited approval to programs with a mandatory degree requirement.

  4. 2608-02 further explained elective courses, the all-student standard, and cooperative agreements.

  5. Schools are applying the new standard

  6. Each school is applying the guidance to its own curriculum and legal advice; there is no single reopening date.

  7. Schools may continue updating their policies, and may issue additional guidance or take enforcement action.

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#06
Community score
—/10
Federal rulemaking
?
Federal rulemakingComment period closed; awaiting further rulemaking

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: published an and the public comment period closed on May 26, 2026. The initiative remains a proposal while reviews comments.

  1. 1Draft / agendaCompleted
  2. 2 reviewCompleted
  3. 3 publishedCompleted
  4. 4Public commentCurrent stage
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
H-1BOPT → H-1B

Proposed Increase to H-1B / PERM Wage Floors

Comment period closed · Not in effect

proposes raising the four prevailing-wage thresholds used for H-1B, H-1B1, E-3, and cases from roughly the 17th, 34th, 50th, and 67th percentiles to the 34th, 52nd, 70th, and 88th percentiles. The proposal is not in effect.

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  2. A presidential proclamation directed to begin rulemaking on H-1B prevailing-wage levels.

  3. published an proposing four levels at the 34th, 52nd, 70th, and 88th percentiles.

  4. The 60-day public comment period closed and began reviewing comments.

  5. Comment period closed; awaiting further rulemaking

  6. may revise the proposal and send a final rule to ; no completion date is public.

  7. The new wage levels would apply only after a final rule is published and reaches its effective date.

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#07
Community score
—/10
Federal rulemaking
?
Federal rulemaking prepublication review

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: The proposed rule is in prepublication review. Its text is not yet public.

  1. 1Draft / agendaCompleted
  2. 2 reviewCurrent stage
  3. 3 publishedNot reached
  4. 4Public commentNot reached
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
H-1BThird-party placement

H-1B Classification Reform: Exemptions and Third-Party Placements Under Review

Under OIRA review · Not in effect

plans to redefine eligibility for H-1B petitions and increase scrutiny of employers with compliance violations and third-party worksites. The precise eligibility lines and evidence requirements will not be known until the is public.

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  1. first described the reform direction in relatively specific terms.

  2. The proposed rule entered prepublication review.

  3. prepublication review

  4. may publish an and open a public comment period.

  5. If the rule advances, a final rule and related litigation are more likely in 2027 or later.

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#08
Community score
—/10
Federal rulemaking
?
Federal rulemaking published; public comments open

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: The was published September 11, with public comments due November 10. It is not a final rule.

  1. 1Draft / agendaCompleted
  2. 2 reviewCompleted
  3. 3 publishedCompleted
  4. 4Public commentCurrent stage
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
H-1BH-1B job lossEmployer changeChange of status

Proposed End to the Up-to-60-Day Grace Period After Job Loss

Proposed rule · Comments due November 10

plans to eliminate the discretionary grace period of up to 60 days after early termination of employment for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, TN, and related classifications. The proposal does not concern the F-1 post-completion grace period. Submit a public comment ↗

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  2. submitted the proposal to .

  3. completed review and cleared the proposal with changes.

  4. The preview became public, specifying eight worker classifications and their dependents.

  5. The was published, confirming a November 10 comment deadline. It is not in effect.

  6. published; public comments open

  7. Public comments due before midnight Eastern Time; docket USCIS-2026-0364.

  8. Whether a final rule follows comments and review, and when it would take effect, remain undetermined.

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#09
Community score
—/10
Federal rulemaking
?
Federal rulemakingComment period closed; no final rule

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: published the and the public comment period closed on August 4, 2026. There is no final rule or effective date.

  1. 1Draft / agendaCompleted
  2. 2 reviewCompleted
  3. 3 publishedCompleted
  4. 4Public commentCurrent stage
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
OPTH-4 Form

Proposed Expansion of Criminal-Record Review for Form I-765

Comment period closed · Not in effect

proposes enhanced criminal-record review for most discretionary employment-authorization applications, including OPT and H-4 . USCIS would generally deny Form if the applicant has been arrested, criminally charged, indicted, or convicted, unless a significant countervailing public interest exists.

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  2. completed prepublication review of the .

  3. published the discretionary employment-authorization .

  4. The 60-day public comment period closed.

  5. Comment period closed; no final rule

  6. will review comments and decide whether to revise or finalize the rule; no public date is available.

  7. If finalized, the new standard would apply to affected initial or renewal filings only according to the final rule’s effective-date provisions.

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#10
Community score
—/10
Federal rulemaking
?
Federal rulemakingLong-term agenda item with no date

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: The initiative is only a long-term item in the Unified Agenda. It has not entered review or the stage.

  1. 1Draft / agendaCurrent stage
  2. 2 reviewNot reached
  3. 3 publishedNot reached
  4. 4Public commentNot reached
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
H-1BH-4 familiesHousehold income

Proposed End to Work Authorization for Some H-4 Spouses

Long-term agenda · No proposal date

plans to rescind the 2015 rule that allows certain H-4 spouses to apply for employment authorization. The policy would end work authorization for eligible H-4 spouses but would not directly terminate the principal applicant’s H-1B status.

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  1. The initiative appeared on the government’s long-term rulemaking agenda.

  2. No , comment period, or effective date has been announced, and no review is pending.

  3. Long-term agenda item with no date

  4. If proceeds, it must still publish an , accept comments, issue a final rule, and may face litigation.

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#11
Community score
—/10
Federal rulemaking
?
Federal rulemaking reform is in prepublication review

When a federal agency changes legally binding regulations, it generally drafts the rule, completes prepublication review, publishes an for public comment, responds to comments, and then issues a final rule with an effective date. Litigation is a parallel judicial review that can change whether or when a rule takes effect; it is not a stage of the agency process.

This policy: submitted its reform proposal to on September 14, 2026. Prepublication review is ongoing; this check did not locate a public , and the reform is not in effect.

  1. 1Draft / agendaCompleted
  2. 2 reviewCurrent stage
  3. 3 publishedNot reached
  4. 4Public commentNot reached
  5. 5Final ruleNot reached
  6. 6EffectiveNot reached
H-1BH-1B to green cardEmployer sponsorship

PERM Reform Would Update Recruitment and Employer Compliance

Under OIRA review · Not in effect

plans to rewrite recruitment so its channels track real hiring, raise the bar for showing no qualified U.S. worker was available, and strengthen protections for laid-off U.S. workers. The proposed rule went to White House review on September 14 and is not in effect.

Draft / agenda review publishedPublic commentFinal ruleEffective
Past Now Expected

  2. outlined recruitment, layoff-protection and employer-compliance reforms, with an original July target for an .

  3. The Justice Department settled its case against OpenAI, requiring the company to post roles on its career site and accept electronic applications.

  4. The proposed rule entered White House prepublication review.

  5. reform is in prepublication review

  6. Await the review outcome and a specifying recruitment channels, covered cases and the comment deadline.

  7. A final rule, effective date and transition provisions for existing cases remain to be determined.

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#12
Community score
—/10
Presidential executive order
?
Presidential executive orderOrder signed; tracking agency implementation

An executive order directs executive agencies and does not itself follow the , public-comment and final-rule sequence. Agencies must act within existing legal authority; any later regulations must follow applicable rulemaking procedures, and implementation may face judicial review.

This policy: The President signed the order on September 18, 2026, directing interagency coordination and consideration of relevant employer layoffs. The directive has been issued; implementation documents and actual review practices still need tracking. Signature does not establish that every review measure is already operational.

  1. 1President signsCompleted
  2. 2Agency implementationCurrent stage
  3. 3Implementation monitoringNot reached
H-1BVisa and entry

H-1B Executive Order: Layoff Review and Interagency Coordination

Executive order signed · Tracking implementation

A September 18 executive order tells State, and to coordinate H-1B review and to weigh the sponsor’s relevant layoffs: same employer, comparable roles, and within the past year or planned. It covers H-1B workers entering or seeking to enter the United States. must begin reviewing past data within 30 days. The order does not say what outcome a layoff leads to.

President signsAgency implementationImplementation monitoring
Past Now Expected

  1. The President signed the order directing interagency coordination, consideration of relevant layoffs and review of prior data.

  2. The Federal Register published the order as Executive Order 14431 (91 FR 60501–60503, FR Doc. 2026-19555).

  3. Order signed; tracking agency implementation

  4. Calculated as 30 calendar days after signature, this is the deadline for to begin reviewing prior data, not to finish the review or a common effective date.

  5. Watch State, and implementation documents and actual review practices. Any later regulatory amendments will be tracked under the applicable rulemaking process.

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CPT SCHOOL TRACKER

CPT: Which schools have paused approvals?

Most pauses concern elective or course-credit CPT, not every form of CPT.