TLA LAW, Attorneys at Law, PLLC

10/13/2026

Microsoft Suspended from Green Card (PERM) Program: What Happened and What It Means

The Announcement
On October 8, 2026, the Trump administration announced that it is suspending Microsoft from the PERM labor certification program, the process employers use to sponsor H-1B workers for permanent residency, citing alleged fraud. Adobe was suspended as well, along with six IT consulting firms: Cognizant, Infosys, Tata, Wipro, HCL and Capgemini. According to the Associated Press, Vice President JD Vance, who leads the administration’s fraud task force, explained that PERM requires employers to advertise positions to American workers before seeking a green card for a foreign employee. He accused companies of placing those ads in small-town newspapers and then using the lack of responses to justify hiring foreign workers. Vance singled out Microsoft, saying it laid off 6,000 U.S. workers last year while obtaining 6,300 H-1B visas and nearly 3,000 green cards, which by his math meant each laid-off American was replaced by one and a half foreign workers. He described H-1B workers as “indentured servants,” arguing that they must leave the country if they lose their jobs and are paid less than Americans in the same roles.

Microsoft’s Response and Expert Reactions
Microsoft disputed the characterization. The company said that of roughly 6,000 H-1B petitions it filed last fiscal year, 80% were extensions or status changes for people already on its payroll, not new hires. The remaining new hires, it said, were already living legally in the United States and amount to about 1% of its U.S. workforce. Microsoft added that it would provide the administration with additional information. Reactions from experts were divided. Doug Rand, a former senior USCIS adviser in the Biden administration, called the move incoherent, pointing out that blocking green cards keeps workers dependent on their employers rather than freeing them. Ron Hira, a Howard University professor and longtime H-1B critic, called it very significant and said the program’s protections for American workers have never been enforced.

The Broader Policy Context
The AP also placed the action in a broader context. Microsoft ranks fifth among U.S. employers in H-1B use, behind Amazon at the top. A federal judge struck down the administration’s $100,000 H-1B fee in June, and in August the administration proposed a new $103,265 fee that is not yet final. One day before the Microsoft announcement, DHS proposed a $70,000 fee per student in the OPT program, and Vance separately named nine universities, including Harvard, Yale, Stanford and MIT, for possible misuse of J-1 visas. The announcement also came only hours before President Trump was scheduled to present Microsoft CEO Satya Nadella with the National Medal of Technology and Innovation.

The Opposing View from National Review
National Review, a conservative outlet, published a sharply critical response on October 9 by John R. Puri. He argues that nothing in Vance’s figures shows that immigrant hires filled the same positions as laid-off workers, and that Vance lumped together normal turnover, new roles and layoffs at a company with about 121,000 U.S. employees. He notes that roughly four-fifths of Microsoft’s filings were for existing staff, and cites Cato Institute research showing that about half of new H-1B approvals go to workers changing employers, which undercuts the claim that they are “indentured.” His central point is that the administration’s action halts PERM, which leads to green cards, while the separate H-1B process appears untouched. Because green card holders can change jobs freely, he argues, blocking green cards actually keeps workers on temporary status longer, the opposite of what Vance says he wants. Puri suggests Vance emphasized H-1Bs because they are less popular with the public than green cards.

⚖️ Attorney’s Note
This action affects PERM, the first step of the EB-2 and EB-3 green card process, at the eight named companies; H-1B status itself is not affected. Important questions remain unanswered, including what happens to PERM applications already pending, whether approved I-140s keep their priority dates, and whether workers with I-485s pending more than 180 days can use AC21 portability to move to a new employer. Legal challenges are likely. If you are affected, confirm exactly where your case stands before changing jobs or traveling abroad. This post is for information only and is not legal advice.

Sources
AP via KUOW: https://www.kuow.org/topics/politics/2026-10-08/microsoft-is-being-suspended-from-program-to-apply-for-green-cards-for-h-1b-visa-workers-vance-says
National Review: https://www.nationalreview.com/corner/demagoguing-microsofts-immigrant-hires/

📄 中文版（繁體）

JD Vance spins a tale about ‘indentured servants’ filling the jobs of laid-off Americans, entirely unsupported by facts.

10/08/2026

Vasanth Vaidyanathan, Esq., “A $70,000 Price Tag on OPT: DHS Wants Universities to Pay for Foreign Graduates’ Work Permits,” Immigration Analytics, October 7, 2026. Link
The article is based on the DHS proposed rule “Optional Practical Training Fees,” Federal Register Document 2026-20660. Public inspection copy.

The rule

The school pays $70,000 for a student’s first OPT authorization of any type (pre-completion or post-completion). Each later OPT period costs $30,000, and that includes the 24-month STEM extension. The school must pay before its designated school official can enter the OPT recommendation in SEVIS. Without that recommendation, the student cannot apply for a work permit.
The money goes to the Treasury’s general fund, not to ICE’s student program. A refund is available only if the student never receives an employment authorization document. The fees would apply only to recommendations dated on or after the final rule takes effect, which is 60 days after the final rule is published.

Scale and DHS’s reasons

About 360,000 people were on OPT or STEM OPT in 2024. That is more than four times the 85,000 new H-1B visas available each year. DHS says OPT has let students bypass the H-1B cap and its fees. It points to more than 10,000 students linked to suspect employers, and it warns it could end OPT entirely. Example: a school recommending 500 graduates in a year would owe $35 million. DHS admits 56% of certified schools are small entities, and the rule does not exempt them.

Who actually bears the cost

DHS concedes schools can pass the cost on to F-1 students, to all students, or to employers. The author adds a fourth likely outcome: some schools will simply stop recommending OPT.
immigration-analytics.

Legal outlook

The program itself stands on solid ground because the D.C. Circuit upheld OPT in 2022. The fee is the weak point. It is not tied to processing costs and goes to the general Treasury, so challengers can argue it is a tax that only Congress can impose.
Universities are the parties paying, so they will find it easier to show standing to sue.

Key details

CPT is not covered, but DHS says it will monitor CPT closely.
Comments on the substance of the rule are due in 30 days (around early November) under docket ICEB-2026-0100 on Regulations.gov.
For spring 2027 graduates, the fee depends on the date of the school’s recommendation, not the graduation date. Students can generally file up to 90 days before their program ends, so they should talk to their school official early.

Under the Administrative Procedure Act, a federal agency cannot create a binding new rule simply by announcing it. It must go through “notice-and-comment” rulemaking:

Proposed rule (current stage). DHS publishes the proposal in the Federal Register on October 8, 2026. It has no legal effect yet.
Public comment. Anyone can comment on docket ICEB-2026-0100 on Regulations.gov. Comments on the rule’s substance are due in 30 days (around early November). Comments on its paperwork provisions are due in 60 days.
DHS review. DHS is legally required to consider and respond to significant comments. It may change, scale back, or withdraw the rule.

Final rule. If DHS proceeds, it publishes a final rule. The fee takes effect 60 days later and applies only to OPT recommendations dated on or after that date.
Litigation. Courts can block the rule before or after it takes effect. Universities, as the parties paying the fee, are well positioned to sue.

Bottom line: Nothing has changed yet. Current OPT and STEM OPT applications continue under existing rules and existing USCIS filing fees.

10/07/2026

USCIS Biometrics Checks Are Now Continuous

USCIS has started mailing a notice titled “FBI Privacy Requirements for Biometrics Collection by USCIS.”

📄 What the letter says:
Since 2017, USCIS has been moving from one-time background checks to Continuous Immigration Vetting. Applicants’ fingerprints and photos are now enrolled in the FBI’s continuous vetting process. The letter also explains applicants’ privacy rights under federal law, including the right to request a copy of their FBI record and to ask for corrections if it is wrong.

✅ What this means for you:

Your biometrics are no longer checked just once. They are checked against FBI criminal records on an ongoing basis.
Any new arrest or criminal record may be reported to USCIS automatically, whether your case is pending or already approved.
No action is needed when you receive this notice. USCIS will send a separate notice if it needs more information.

⚠️ If you have any arrest, charge, or police contact, talk to an immigration attorney before your next filing or interview.

📩 Questions? Contact our office [email protected]

09/24/2026

H-1B Update: New Executive Order + $100,000 vs. $103,265, What's the Difference?

On Sept. 18, President Trump signed a new executive order directing the government, when reviewing H-1B LCAs, petitions, visas, and entry, to consider whether the employer had layoffs in the past year or plans future layoffs, and whether those layoffs affect U.S. workers in similar positions. DOL will also begin reviewing previously filed LCAs.

The same day, President Trump also signed a proclamation extending the $100,000 H-1B payment through Sept. 21, 2027.

🔎 Note: the $100,000 and $103,265 are two different things.
1️⃣ $100,000 payment (Presidential Proclamation)
• Mainly targets certain workers outside the U.S. entering on a new H-1B petition
• Extended through Sept. 21, 2027
• In June 2026, a federal district court ruled the implementing policy unlawful and vacated it. The First Circuit later declined to stay that ruling, and the government's appeal is ongoing.
• As a result, the $100,000 payment remains restricted by the court ruling, and the government currently cannot collect it. It could be enforced again if the litigation outcome changes.

2️⃣ $103,265 fee (DHS Proposed Rule)
• DHS proposes an additional $103,265 fee on H-1B cap-subject petitions
• Includes master's cap / advanced-degree exemption cases
• As currently proposed, it would not apply to extensions, amendments, or changes of employer for workers already counted against the H-1B cap
• Still only a proposed rule, not yet in effect
• A separate policy with a different legal basis from the $100,000 payment

💡 Bottom line: don't confuse the $100,000 with the $103,265.

H-1B sponsors with recent layoffs may face closer scrutiny going forward. We recommend preparing supporting documents and explanations in advance. Policy is changing quickly. Separate what is "in effect," "in litigation," and "only proposed" before making decisions.

News and source links are in the comments.

This post is for general information only and does not constitute legal advice.

09/16/2026

【D/S Litigation Update】On September 14 — one day before the rule was set to take effect — U.S. District Judge F. Dennis Saylor IV issued a nationwide preliminary injunction blocking DHS from implementing the final rule that would have ended Duration of Status (D/S) for F-1, J-1, and I nonimmigrants.

The lawsuit was filed on August 18 by a coalition of eight plaintiffs including NAFSA, the Presidents' Alliance on Higher Education and Immigration, the American Federation of Teachers (AFT), the United Auto Workers (UAW), and The NewsGuild-CWA, arguing that DHS violated the Administrative Procedure Act by failing to adequately assess costs and benefits, meaningfully respond to nearly 22,000 public comments, consider less burdensome alternatives, and justify the rule based on its stated objectives. Attorneys general from 20 states — led by California, New York, and Massachusetts — filed an amicus brief in support, warning that the rule would "sharply deter international students and exchange visitors" and impose "severe harms on public educational institutions, academic communities, and broader local and state communities."

The court found that plaintiffs are likely to succeed on the merits and that allowing the rule to take effect would cause immediate and irreparable harm. D/S remains in place nationwide for now, but this is not a final ruling — the government is expected to appeal to the First Circuit

NAFSA: Association of International Educators is the world's largest nonprofit association dedicated to international education and exchange.

07/31/2026

"Green Card Update: Changes Happening to Applications in August" (Source: Newsweek, by Billal Rahman, July 31, 2026)

Green card applicants face a shifting landscape in August — family-sponsored categories are advancing while some employment-based categories risk becoming unavailable before the fiscal year ends. Here are 10 key takeaways:

August Visa Bulletin takes effect.

Family-based applicants may use the more favorable "Dates for Filing" chart, while employment-based applicants must use "Final Action Dates."

Family categories move forward.

F1, F2A, F2B, F3, and F4 categories all advanced, allowing more applicants to file or receive approvals.

F2A sees major improvement.

Spouses and children under 21 of permanent residents benefit from one of the biggest advances in the latest bulletin.
Employment categories remain challenging.

Backlogs continue, with only limited progress in some areas. High-demand categories remain heavily oversubscribed.

Some employment categories improve.
EB-1 China advanced and EB-3 Worldwide moved slightly forward.
India backlogs remain severe.
EB-2 India and EB-5 Unreserved India remain unavailable. The State Department has warned that EB-1 India may also become unavailable before fiscal year-end due to exceptionally high demand.

Visa numbers are running low. With FY2026 ending September 30, additional retrogression or category shutdowns are possible before new visa numbers become available in October.

New Public Charge rule starts September 18.
DHS has finalized a rule rescinding the 2022 regulation. Officers will consider broader factors, including age, health, finances, education, skills, and affidavit of support.

New I-485 form is coming. USCIS will release a revised adjustment-of-status form before September 18. Old versions submitted on or after the effective date will NOT be accepted.

Applicants should plan ahead. Family applicants should consider filing promptly. Employment applicants should maintain valid nonimmigrant status and explore alternatives such as EB-1, NIW, or family-based pathways.

Full article: https://www.newsweek.com/green-card-update-changes-applications-august-12252999

Questions about how these changes affect your case? Contact our office for a consultation. [email protected]

Green card applicants face a shifting landscape as family categories advance, employment backlogs grow and new rules loom.

07/25/2026

TLA Law is proud to be a corporate sponsor of 4N Magazine!

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07/23/2026

【IMMIGRATION ALERT】D/S Era Ends: F, J, I Visas Switch to Fixed Admission Periods | Same-Level Second Degree Restricted, Day 1 CPT Pathway Faces Major Shift | NYC Universities Rush to Issue Guidance

The U.S. Department of Homeland Security (DHS) announced a Final Rule on July 16, 2026, officially eliminating the nearly half-century-old "Duration of Status" (D/S) framework and replacing it with fixed periods of admission. The rule was published in the Federal Register on July 17, 2026, and is scheduled to take effect 60 days later on September 15, 2026. It has been classified as a "Major Rule" subject to congressional review under the Congressional Review Act; litigation or congressional action could still alter the effective date or outcome.

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I. Key Changes
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▸ Fixed Admission Periods Replace D/S: F-1 students and J-1 exchange visitors will receive a specific "Admit Until Date" (AUD) on their I-94 upon admission, set to the program end date listed on their Form I-20 or DS-2019, capped at a maximum of 4 years, plus a 30-day departure preparation period. English language program (ESL) students are limited to 2 years.

▸ Extensions Must Be Filed with USCIS: DSOs and exchange program sponsors will no longer be able to extend lawful stay solely through SEVIS. Those needing to remain beyond the approved period must file Form I-539 (Extension of Stay, EOS) with USCIS, including the filing fee (currently $420), biometrics collection, and related procedures.

▸ Grace Period Shortened: The post-completion grace period for F-1 students after completing studies or OPT is reduced from 60 days to 30 days. (Under the transition provisions, students admitted for D/S before the effective date who remain in the U.S. without departing will retain the 60-day grace period until they travel and reenter or receive an EOS adjudication, at which point the 30-day period applies.)

▸ I Visa (Foreign Media): Maximum stay generally limited to 240 days; certain PRC media personnel remain subject to the 90-day special provision.

▸ Academic Mobility Restricted: Undergraduate students may not transfer schools or change "educational objectives" during their first academic year (unless SEVP approves an exception for extenuating circumstances). Graduate students may not change educational objectives at any point during their program, and transfers also require exception approval.

▸ Transition Provisions: F and J nonimmigrants who are inside the United States on the effective date (September 15, 2026) and properly maintaining lawful status will have their authorized stay set to the program end date on their current I-20 or DS-2019, not to exceed 4 years from the effective date. Those needing additional time must file for EOS.

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II. Same-Level Degree Restriction & Impact on Day 1 CPT
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⚠️ The CPT regulation itself was not amended. DHS explicitly stated in the final rule preamble: "These comments misinterpret the rule as the rule does not prohibit or eliminate Day-1 CPT... it does not make substantive changes to CPT." Eligible graduate students may still receive Day 1 CPT authorization under existing regulations (8 CFR 214.2(f)(10)).

However, the following changes will fundamentally reshape the Day 1 CPT landscape:

▸ Lateral/Reverse Matriculation Ban: F-1 students who complete a program after the effective date are barred from enrolling in another program at the same or a lower educational level. The University of Pittsburgh's Office of International Services has noted this language will likely be interpreted as imposing a "lifetime limit." In practical terms: students who have already earned a master's degree in the U.S. will no longer be able to maintain F-1 status by enrolling in a second master's program to access Day 1 CPT. The widely used pathway of "OPT ends or H-1B not selected → enroll in a second master's → Day 1 CPT to continue working" will be directly and fundamentally impacted.

▸ A Window Still Exists Before the Effective Date: Programs completed before the effective date do not count toward this restriction. If you are currently considering the second-master's Day 1 CPT pathway, the period between now and September 15 is the critical window — complete the school transfer, obtain a new I-20, and begin the program before the rule takes effect. Starting a same-level degree enrollment after the effective date will be subject to the new restriction.

▸ Doctoral-Level CPT May Become the More Durable Alternative: Moving from a master's to a doctoral program (PhD, DBA, etc.) constitutes "upward progression" and is not affected by the same-level ban. However, students should still ensure a reasonable connection between the program, their academic background, and career goals, and prepare academic progression documentation before applying.

▸ Additional Impact of Fixed Admission Periods on CPT Students: With D/S eliminated, Day 1 CPT students' I-94s will have a fixed expiration date. CPT employment authorization is automatically extended up to 240 days or until the DSO-authorized end date (whichever is earlier) while a timely filed EOS application is pending. However, if the EOS is filed during the 30-day grace period, the student may continue studying but may not continue or begin practical training or other employment until the EOS is approved.

▸ Separate Practical Training Rulemaking on the Horizon: DHS has a separate rulemaking specifically targeting CPT/OPT on its regulatory agenda (Practical Training Rule, RIN 1653-AA97), but no proposed text has been published yet. This is the rule that could directly amend CPT regulations in the future and should be on everyone's long-term watch list.

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III. OPT & STEM OPT Transition Provisions
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▸ F-1 students who are inside the U.S. on the effective date with a D/S notation on their I-94, and who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, are not required to file a separate I-539 EOS application for that OPT/STEM OPT period.

▸ After the transition period (or for students who enter under the new fixed-date framework after the effective date), if the OPT/STEM OPT period extends beyond the I-94 AUD, students will generally need to file both an I-539 extension and an I-765 work authorization application simultaneously — meaning two applications, two adjudication tracks, and potential biometrics collection or interview requirements.

▸ F-1 students who are beneficiaries of timely filed, nonfrivolous cap-subject H-1B change-of-status petitions remain eligible for the cap-gap extension and do not need to file a separate EOS.

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IV. NYC University Responses
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According to the World Journal, as of July 21, multiple New York universities have issued guidance to international students:

▸ NYU Global Services sent an email emphasizing that students currently in the U.S. with D/S on their I-94 will not immediately lose lawful status when September 15 arrives. However, those who already know they cannot complete their program within the current I-20 end date should apply for an extension as soon as possible — NYU recommends submitting by August 15 at the latest. A virtual information session is scheduled for July 31.

▸ Columbia University advised students to return to New York before the September 8 start of classes and arranged an information session with immigration attorneys on July 22. Columbia stated that all F-1 and J-1 individuals sponsored by the university will receive direct email notifications.

▸ CUNY Graduate Center issued notices and FAQs noting that doctoral programs often exceed four years, and some doctoral students may need to file for extension more than once. CUNY also warned that a denied extension could trigger the accrual of unlawful presence. Medical residents, J-1 postdoctoral scholars, and graduate students planning to transfer were identified as particularly affected groups.

▸ Cornell University described the change as causing unease within the international student community and reminded students that the rule remains subject to congressional review as a "Major Rule" — review or litigation could still change the date or outcome.

▸ Northeastern University, USC, University of Pittsburgh, and others have also issued guidance urging students not to make immigration-related decisions based on incomplete information or unofficial sources.

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V. Why Did DHS Make This Change?
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DHS stated this reform is aimed at restoring immigration system integrity, strengthening national security vetting, and ending the practice of individuals using repeated enrollment to become so-called "Forever Students" who remain in the U.S. indefinitely. In its announcement, DHS characterized the rule as "eliminat[ing] the 'duration of status' loophole that allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight."

However, the U.S. higher education community has expressed widespread concern. NAFSA warned the new system could increase student costs, legal risks, institutional advising burdens, and enrollment pressures, making studying and conducting research in the U.S. more uncertain. The proposed rule received nearly 22,000 public comments during the comment period, with the majority expressing opposition or reservations, yet the final rule "changed little" from the proposal. According to public statistics, U.S. student visa admissions exceeded 1.8 million in 2024, up approximately 11% from the prior year.

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VI. Litigation Watch
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As of this writing, no lawsuits have been filed challenging this final rule, but legal challenges are widely anticipated. Immigration law firms and education organizations are actively gathering evidence of specific individual and institutional harms. Given the extremely tight 60-day implementation window, any litigation will likely seek a preliminary injunction to prevent the rule from taking effect as scheduled. Notably, a substantially similar rule proposed in 2020 was withdrawn before finalization after receiving significant opposition.

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VII. Recommendations
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Treat your graduation date or OPT end date as the start of a 30-day countdown — do not wait until the last minute to plan your next step.
If your program, research, or training is expected to exceed the approved admission period, begin planning and preparing your I-539 extension application well in advance.
Monitor your I-94 expiration date, extension filing deadlines, and status maintenance requirements carefully to avoid jeopardizing future visa applications, OPT, employment, or immigration benefits.
If you are currently considering a same-level second master's for Day 1 CPT, complete the school transfer and I-20 issuance before the September 15 effective date. If you already hold a master's degree and time permits, evaluate doctoral-level CPT programs as an alternative.
Regardless of the pathway you choose, ensure the program has genuine academic merit and maintain thorough documentation supporting your academic progression.
Students currently inside the U.S. should avoid unnecessary international travel before September 15 — reentry after the effective date will trigger the new fixed admission period framework, and you will lose D/S transition treatment.
Closely monitor congressional review and potential litigation developments — the effective date remains subject to change.

Sources: DHS, Federal Register, Study in the States, NAFSA, Nixon Peabody LLP, Ogletree Deakins, University of Pittsburgh OIS, GoElite, EduConnect, World Journal, United Daily News, Forbes, Bloomberg, Reuters, Inside Higher Ed.

This post is for general informational purposes only and does not constitute legal advice. Individual circumstances may vary. For specific questions, please consult a qualified immigration attorney.

07/15/2026

https://www.reuters.com/world/us-judge-voids-trumps-settlement-with-irs-2026-07-13/?utm_source=chatgpt.com

The judge concluded ​that attorneys on both sides of the case misused the legal system.