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• Federal Court Pauses End of Duration of Status Rule
• DHS Proposes Eliminating 60-Day Grace Period for Nonimmigrant Workers
• Venezuela Launches New Electronic Visa for Independent Professionals
• DOL Advances Proposed Changes to PERM Labor Certification

Federal Court Pauses End of Duration of Status Rule

A federal district court in Massachusetts has postponed implementation of the Department of Homeland Security’s final rule that would replace Duration of Status, or D/S, with fixed admission periods for F-1 students, J-1 exchange visitors, I foreign media representatives, and their dependents. The rule had been scheduled to take effect September 15, 2026. 

The court granted nationwide preliminary relief on September 14 in Presidents’ Alliance on Higher Education and Immigration v. DHS. The order postpones the rule’s effective date and prevents DHS and Immigration and Customs Enforcement from implementing it while litigation continues. The court did not permanently invalidate the regulation, meaning its future remains unresolved. 

For now, the existing D/S framework remains in effect. This means affected F-1, J-1 and I nonimmigrants may continue to be admitted for Duration of Status and are not currently subject to the new fixed admission periods or extension-of-stay procedures that were scheduled to begin September 15. New versions of the Forms I-539, I-539A and I-765 were scheduled to go into effect on September 15. The current versions of those forms may continue to be used during this injunction. 

Employers and educational institutions should also remember that the court order does not independently extend employment authorization or restore an immigration status that has otherwise expired. Existing requirements governing status maintenance, OPT, STEM OPT, and other employment authorization remain applicable. 

The court has scheduled a status conference for October 2, but that date is not an expiration date for the postponement. Further court orders or appellate proceedings could change the situation. 

Impact: The ruling provides immediate relief from the planned September 15 transition to fixed admission periods. Employers, universities, and affected foreign nationals should pause implementation steps tied solely to the new rule while preserving their preparations in case the regulation is later allowed to take effect.

DHS Proposes Eliminating 60-Day Grace Period for Nonimmigrant Workers

The Department of Homeland Security has proposed eliminating the discretionary grace period of up to 60 days currently available to certain employment-based nonimmigrant workers after their qualifying employment ends. The proposal would affect individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, as well as qualifying dependents. 

Under current regulations, eligible workers may receive up to 60 consecutive days, or the remainder of their authorized stay (I-94 document) if shorter, following a voluntary or involuntary employment termination. During this period, they are not considered to have failed to maintain status solely because their employment ended. The grace period can provide time to secure new sponsorship, request another immigration status, or prepare to depart the United States. It does not independently provide employment authorization. 

If finalized as proposed, DHS would remove this protection. Affected workers would generally be required to depart the United States immediately after qualifying employment ends unless they are otherwise authorized to remain. 

Importantly, nothing has changed yet. The existing grace period remains available under current regulations. The proposed rule was published September 11, 2026, and DHS is accepting public comments for 60 days under Docket No. USCIS-2026-0364. DHS must review public feedback and issue a final rule before the change can take effect. 

Impact: If finalized, the proposal would significantly reduce flexibility following layoffs, resignations, and other employment separations. Employers should consider involving immigration counsel earlier in workforce transitions and reviewing recruiting and onboarding procedures for candidates whose prior sponsored employment has already ended.

Venezuela Launches New Electronic Visa for Independent Professionals

Venezuela has introduced a new electronic multiple-entry visa for foreign professionals traveling to the country temporarily to provide specialized services to Venezuelan clients. The new PRO-V-90 visa creates a dedicated pathway for qualifying professionals who do not have an employment relationship with the inviting Venezuelan company. 

The visa can cover activities such as technical assistance, operational support, speaking engagements, journalistic activities, and investment oversight. Importantly, the foreign national cannot be employed or receive employment-related compensation from the Venezuelan entity. This makes the category particularly relevant for independent professionals and employees of overseas companies temporarily providing services to clients in Venezuela. 

The PRO-V-90 is valid for 90 days. After that period, the individual must leave Venezuela and obtain a new visa before returning for additional qualifying activities. 

Applications are completed electronically through Venezuela’s Cancillería Digital platform, with reported processing times of approximately two to ten business days. Once approved, applicants receive their authorization electronically and do not need to visit a Venezuelan consulate to have a physical visa placed in their passport. 

The new category is part of Venezuela’s broader effort to digitalize government and administrative services.

Impact: The PRO-V-90 provides companies with a more streamlined option for temporarily deploying independent professionals or overseas employees to serve Venezuelan clients without establishing a local employment relationship. Employers should carefully review the planned activities and compensation structure before relying on the visa to ensure the assignment fits within the new category.

DOL Advances Proposed Changes to PERM Labor Certification

The Department of Labor is moving forward with a proposed regulation that could significantly revise the PERM labor certification process, a critical first step in many employer-sponsored green card cases. The proposal is currently under review by the Office of Management and Budget. 

The full details remain confidential until OMB completes its review and DOL publishes the proposal in the Federal Register. However, the Department’s regulatory agenda identifies several areas targeted for reform. 

DOL plans to modernize the labor market test used to determine whether qualified U.S. workers are available for a sponsored position. Current PERM recruitment requirements were largely established more than two decades ago, and DOL has cited technological changes in recruiting and hiring as one reason for revisiting those standards. 

The proposal is also expected to: 

• Strengthen requirements involving layoffs of U.S. workers 
• Increase employer compliance obligations related to nondiscrimination in recruitment and hiring 
• Revise minimum recruitment standards for testing the U.S. labor market 

The initiative follows other recent DOL activity affecting employment-based immigration, including proposed increases to prevailing wage requirements for PERM, H-1B, H-1B1, and E-3 cases. 

Importantly, no PERM requirements have changed yet. After OMB review, DOL must publish the proposal and accept public comments before it can issue a final regulation. 

Impact: The proposal could reshape how employers conduct PERM recruitment and document efforts to hire U.S. workers. Employers should continue following existing requirements while monitoring the forthcoming rule closely, particularly for potential changes affecting recruitment strategies, layoffs, and compliance documentation.