October 2026 U.S. Immigration Policy Tracker: 12 Policies, 5 in Effect
Where the immigration policies that matter most to Chinese applicants stand: in effect, blocked by a court, or only proposed. Each is tagged by who it affects; click a policy name for the official source.
October 2026 at a glance
- Of 12 policies, 5 are in effect, 3 are paused and 2 are proposals.
- The new public charge rule and the 09/18/26 edition of Form I-485 took effect on 18 Sep 2026 with no grace period; older editions are rejected. Source
- Immigrant visa interviews have been paused worldwide since about 25 Aug, with no official resumption date yet (see NVC and Guangzhou). →
- EAD renewals filed on or after 30 Oct 2025 no longer get the up-to-540-day automatic extension; you can file up to 180 days before expiry, so file early. Source
| Policy | Status | When | What it means |
|---|---|---|---|
| New public charge rule and new I-485Green cardFamilyImmigrant visa | In effect | Effective 2026-09-18 | Only the 09/18/26 edition of Form I-485 is accepted, with no grace period; older editions are rejected. Scrutiny of benefits use and finances is stricter. |
| New I-864 affidavit of supportGreen cardFamilyImmigrant visa | In effect | From 2026-10-01 | Only the 08/24/26 edition is accepted; it includes consent to a credit check. |
| EVUS fee rises to $31.75Visas | In effect | From 2026-10-16 | The fee for each EVUS enrollment by holders of Chinese passports with 10-year B visas. |
| No more automatic EAD extensionsGreen cardEmployment | In effect | From 2025-10-30 | Renewals filed on or after this date get no 540-day automatic extension; the final rule was published 2026-10-14. File up to 180 days before expiry. |
| Wage-weighted H-1B lotteryEmploymentVisas | In effect | Effective 2026-02-27 | Used since the FY2027 registration (March 2026); higher wage levels have better odds. |
| Immigrant visa interviews paused worldwideImmigrant visaFamilyEmployment | Paused | Since about 2026-08-25 | The State Department told reporters it is training officers on public charge screening; no written notice or resumption date. Guangzhou is affected. |
| $100,000 H-1B paymentEmploymentVisas | Blocked by court | Paused under a court order | A court vacated the implementing guidance on 2026-06-08, so it is not being collected; the proclamation now runs to 2027-09-21 and USCIS plans to collect if the order is lifted. It applies only to new petitions for people outside the U.S. |
| Fixed admission periods for F-1 (ending D/S)Visas | Blocked by court | Stayed by a court 2026-09-14 | Was to take effect 2026-09-15 but was stayed; the government has appealed. D/S and the 60-day grace period still apply. |
| Proposed OPT feesVisas | Proposed | Proposed 2026-10-08; comments until 11-09 | $70,000 per student for initial OPT and $30,000 for STEM OPT, paid by schools. Proposal only; not in effect. |
| Proposed N-400 fee increaseCitizenship | Proposed | Proposed 2026-06-23 | Would raise the fee to $1,330 on paper or $1,280 online and end fee reductions and waivers; no final rule yet, so $760/$710 still applies. |
| $250 visa integrity feeVisas | Not yet | In law, not yet collected | Due when a nonimmigrant visa is issued and refundable after compliance; not yet on the State Department's fee page. |
| DV-2027 lottery registrationGreen card | Postponed | Postponed 2025-11-05 | No new dates yet. Official registration is free; anyone promising selection for a fee is a scam. |
How to read these numbers
“In effect” means it applies now; “Paused” means the government paused it; “Blocked by court” means a court order stops it for now while litigation continues; “Proposed” means only a draft has been published for comment and it has no legal effect yet.
A proposal first goes out for public comment, then a final rule is published with an effective date. When you see news that fees or rules “will change”, check which stage it is at.
Each policy is tagged with who it affects, and each data page shows only the policies relevant to it.
Common questions
When does a proposal take effect?
Only once a final rule is published; the final rule sets the effective date, usually 30 to 60 days after publication. Until then the current rules apply.
A court blocked a policy. What should I do?
While it is blocked, the previous rules apply. Rulings can change quickly, so check again before filing anything that depends on it, or ask a lawyer.
How do I know whether a new rule affects me?
Start with each policy’s tags and notes; if you are unsure, talk to an immigration lawyer (see the lawyer directory).