For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here.

• SEVP Issues New Guidance on Curricular Practical Training
• DHS Advances Proposal to Eliminate 60- Day Grace Period for Nonimmigrant Workers
• Brazil Digitalizes Temporary and Work Visa Issuance
• DOL Repeals Decades Old Farmworker Enforcement Coordination Rules

SEVP Issues New Guidance on Curricular Practical Training

The Student and Exchange Visitor Program (SEVP) has issued additional guidance to Designated School Officials clarifying when F-1 students may qualify for Curricular Practical Training. The August 24 guidance follows increased federal scrutiny of CPT authorizations that SEVP believes may not comply with existing regulatory requirements. 

SEVP emphasized that CPT must be an integral and required part of an established curriculum, distinguishing it from Optional Practical Training, which is not required to complete an academic program. According to the guidance, CPT generally cannot be offered through an optional elective if participation in practical training itself is optional. 

SEVP also clarified several compliance expectations: 

• All students enrolled in a curriculum requiring CPT, including U.S. students, must participate in the practical training component. 
• F-1 students must proactively request CPT authorization from their DSO before beginning training. 
• Training must be directly related to the student’s major area of study. 
• CPT must involve a legitimate employer that has an established cooperative agreement with the school. 
• DSOs must properly document and update CPT authorization in SEVIS. 

SEVP indicated that it has identified institutions where CPT appears to be treated more like optional employment rather than a required curricular component. The agency warned that schools failing to comply with federal requirements could face sanctions, including potential loss of SEVP certification. 

Impact: The guidance signals increased federal scrutiny of CPT programs and could affect universities, students, and employers relying on CPT employment for F-1 employees. Schools should review program structures and employer agreements, while employers should confirm that F-1 employees have properly authorized CPT that is directly connected to a qualifying academic curriculum.

DHS Advances Proposal to Eliminate 60- Day Grace Period for Nonimmigrant Workers

The Department of Homeland Security is moving forward with a proposed rule that could eliminate the discretionary 60- day grace period available to certain employment based nonimmigrant workers following termination of employment. The Office of Management and Budget completed its review of the proposal on August 27, clearing the way for DHS to publish it for public comment.

Current regulations generally allow workers in certain classifications, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN, and their dependents, a discretionary grace period of up to 60 consecutive days after employment ends, or until the end of their authorized stay, whichever is shorter. The period can provide time to find a new employer, pursue another immigration status, or prepare to leave the United States. USCIS has previously described the grace period as an important option for workers following termination.

The specific terms of the proposal remain confidential until DHS publishes the rule in the Federal Register. Based on its title, however, the regulation seeks to eliminate the discretionary 60- day period. If finalized as anticipated, affected workers whose employment ends early could face significantly less time to pursue another immigration option before falling out of status.

Importantly, nothing has changed yet. OMB records confirm that the regulation remains at the proposed rule stage. Once published, the public will have an opportunity to submit comments before DHS can issue a final regulation.

Impact: Eliminating the grace period could significantly increase time pressure following layoffs or other employment terminations. Employers and foreign workers should monitor the forthcoming proposal closely, as any final rule could affect termination planning, H 1B portability strategies, dependent status, and workforce transitions.

Brazil Digitalizes Temporary and Work Visa Issuance

Brazil has introduced a new electronic process for temporary visas issued to nationals who are exempt from the country’s visitor visa requirement. Effective September 1, 2026, eligible applicants can complete the consular stage electronically without submitting their physical passport or original documents in person. 

The change applies broadly to temporary visa categories, including employment, family reunification, and digital nomad visas. Brazilian immigration law already permits visas to be requested and issued electronically without placing a physical visa label in the applicant’s passport. 

Applicants will submit the visa application and supporting documentation through Brazil’s Integrated Consular System. Following approval, the electronic visa will be sent to the email address provided during the application process. 

Importantly, the reform changes how the consular visa is issued, not the underlying eligibility requirements. Applicants must still provide all required documentation, and work visa cases continue to require any applicable residence authorization from Brazil’s Ministry of Justice and Public Security before the consular stage. Post arrival registration requirements with the Federal Police also remain in place. 

Brazilian regulations also permit consular authorities to request original or additional documents when necessary, even when an application is processed electronically.

Impact: The electronic process should reduce administrative burdens and eliminate many consular visits and passport handling requirements for eligible applicants. Employers may benefit from faster employee mobility, but should continue planning ahead while consular posts implement the new procedures and clarify processing timelines. 

DOL Repeals Decades Old Farmworker Enforcement Coordination Rules

The U.S. Department of Labor has finalized a rule eliminating regulations dating back to 1980 that required several DOL agencies to coordinate enforcement activities involving protections for migrant farmworkers. The rule will take effect 30 days after publication in the Federal Register. 

The regulations, found at 29 CFR Part 42, established formal procedures for coordination among the Wage and Hour Division, Occupational Safety and Health Administration, and Employment and Training Administration. They were originally created to strengthen enforcement of federal workplace protections for migrant agricultural workers. 

DOL says the framework has become outdated and largely unused. According to the Department, the regulations impose duplicative internal procedures and restrict agencies from developing more efficient methods of coordinating enforcement. The repeal removes those prescribed procedures and gives DOL agencies greater flexibility in deciding how to coordinate investigations and other enforcement activities involving farmworkers. 

Importantly, the change does not repeal the underlying federal laws protecting migrant and seasonal agricultural workers. Requirements under laws such as the Migrant and Seasonal Agricultural Worker Protection Act remain in place, as do DOL’s existing enforcement authorities.

Impact: The repeal changes how DOL agencies coordinate internally rather than eliminating substantive farmworker protections. Agricultural employers should continue complying with applicable wage, workplace safety, and migrant worker requirements, while monitoring whether the more flexible enforcement structure results in changes to investigation or compliance practices.