USCIS Mandates New Edition of Form I-864, Affidavit of Support Under Section 213A of the INA, Effective 31 August 2026

What changed

The U.S. Department of Homeland Security (DHS) has initiated a proposed rulemaking to introduce substantial new fees for Optional Practical Training (OPT) for F-1 nonimmigrant students. This measure, announced on 8 October 2026, aims to enhance the integrity of the immigration system by deterring fraud and protecting the interests of U.S. workers. Under the proposal, an initial OPT application would incur a fee of $70,000, while any subsequent OPT would cost $30,000. Stakeholders have until 9 November 2026 to submit comments on these proposed changes.

What changed

U.S. Citizenship and Immigration Services (USCIS) has implemented an inflation-based increase for certain immigration-related fees, effective from 16 October 2026. This adjustment, mandated by H.R. 1, impacts specific application fees, including those for asylum applications, travel documents, employment authorisation, and Temporary Protected Status. Requests postmarked on or after this date must include the new, higher fee, otherwise they will be rejected. This ensures ongoing alignment with inflationary costs as specified in the legislation.

What changed

The United States Department of Justice proposes amending its Privacy Act regulations to exempt records within the Executive Office for Immigration Review's new "Fraud and Abuse Prevention Program Records" system from specific provisions of the Privacy Act. This proposed rule, published on 15 October 2026, aims to safeguard law enforcement sensitive materials, including information on complainants, witnesses, and subjects of investigations related to immigration fraud and abuse. Public comments on this proposal are invited until 16 November 2026, and its implementation would impact individuals' rights to access and amend certain records concerning them held within this system.

What changed

The Department of Homeland Security (DHS) has implemented an interim final rule, effective from 14 October 2026, to expedite the termination of refugee status for individuals deemed ineligible at the point of their admission to the United States. This regulatory amendment significantly shortens the period for responding to a Notice of Intent to Terminate (NOIT) from 30 days to ten days. The change applies across the United States and is intended to bolster the integrity of the immigration system and address concerns related to national security and public safety. Consequently, individuals facing a NOIT will have a dramatically reduced timeframe to present their case.