Fiscal Year 2027 begins on October 1, 2026. The transition creates three critical September 30 deadlines and several changes affecting employers, HR departments, foreign workers, families, green card applicants, and immigration court filings.
This roundup reflects information verified as of September 28, 2026. Government agencies may issue additional guidance after publication.
Three Immigration Deadlines Close on September 30
1. DV-2026 eligibility ends permanently
The Diversity Visa program for fiscal year 2026 ends on September 30, 2026. A DV-2026 selectee must receive the visa or complete adjustment of status by that date.
After September 30:
- No DV-2026 visa may be issued.
- Unused diversity visa numbers do not carry over into FY2027.
- Courts cannot order the government to continue DV-2026 processing. The decision in Goodluck v. Biden confirms this limitation.
DV selectees should immediately confirm whether all required processing steps are complete. A pending case does not preserve eligibility after the statutory deadline.
2. EB-5 grandfathering filing cutoff
September 30, 2026 is the filing cutoff for certain EB-5 investors seeking grandfathering protection under the EB-5 Reform and Integrity Act of 2022.
The relevant date is the date a properly filed Form I-526E reaches USCIS. The date of a wire transfer does not control. An investor who transfers funds before September 30 but whose properly filed petition does not reach USCIS by the deadline may not receive the intended protection.
The regional center program itself remains authorized through September 30, 2027. The September 30, 2026 deadline concerns the grandfathering protection, not the immediate termination of the regional center program.
3. The old Form I-864 edition expires
USCIS published a new edition of the following forms:
- Form I-864, Affidavit of Support Under Section 213A of the INA;
- Form I-864A, Contract Between Sponsor and Household Member; and
- Form I-864EZ, Affidavit of Support Under Section 213A of the INA.
The new edition is dated 08/24/26. USCIS is accepting the prior 10/17/24 edition only if it is mailed or electronically submitted by September 30, 2026.
Beginning October 1, only the 08/24/26 edition will be accepted. An older edition submitted after that date is treated as missing initial evidence. USCIS may issue a Request for Evidence, which can delay adjustment of status or other family-based immigration processing.
The new form includes a privacy release authorizing USCIS to request information from consumer reporting agencies. Sponsors with a credit or security freeze should respond promptly if USCIS requests access. Review the USCIS Form I-864 page before filing.
Four Major Changes Affecting October 1 and FY2027
1. Immigrant visa numbers reset, but categories do not automatically become current
October 1 begins FY2027. Annual immigrant visa allocations reset, including the statutory annual levels of approximately:
- 226,000 family-preference immigrant visas; and
- 140,000 employment-based immigrant visas.
The reset does not make every category immediately available. The monthly Department of State Visa Bulletin controls whether a person may file or receive a visa. Priority dates, country limits, demand, and agency processing determine actual availability.
As of September 28, 2026, the October 2026 Visa Bulletin had not yet been published. Applicants should not rely on informal predictions concerning employment-based or family-preference categories. Review the official Department of State Visa Bulletin when it becomes available.
2. Online-presence screening expands to I, TN, and TD applicants
Beginning October 1, the Department of State will extend online-presence review to applicants for:
- I visas for foreign media representatives;
- TN visas for qualifying Canadian and Mexican professionals; and
- TD visas for TN dependents.
Applicants will be instructed to set social media profiles to “public” or “open” for review. The instruction already applies to applicants for F-1, J-1, and H-1B visas.
Applicants should ensure that information in visa applications, resumes, professional profiles, and social media accounts is accurate and consistent. They should not delete or alter information in a manner that creates a separate credibility concern. A foreign worker seeking a work visa for foreign employees should obtain case-specific advice before consular processing.
3. EOIR filing fees increase by 3.4 percent
The Department of Justice issued a final rule, Federal Register document 2026-17146, published August 21, 2026. The new Executive Office for Immigration Review fees apply to filings made on or after October 1.
| Filing | Fee beginning October 1 |
|---|---|
| Form EOIR-26 appeal from an immigration judge decision | $1,060 |
| Form EOIR-29 appeal from a DHS officer decision | $1,060 |
| Motion to reopen or reconsider before an immigration judge | $1,095 |
| Motion before the Board of Immigration Appeals | $1,060 |
| Form EOIR-40, suspension of deportation | $730 |
| Form EOIR-42A, cancellation for lawful permanent residents | $730 |
| Form EOIR-42B, cancellation for non-permanent residents | $1,690 |
Biometrics fees are additional when required. Since June 11, 2026, the EOIR Payment Portal is the only accepted payment method. Each application or motion requires its own fee.
Fee waivers remain available for eligible motions and applications. A request generally requires a signed affidavit or declaration establishing inability to pay. The $100 asylum application fee and the $102 annual asylum fee cannot be waived or reduced. If a fee waiver is denied, the immigration judge must allow 15 days to refile with the required payment.
The EOIR Federal Register notices provide the agency’s official rulemaking information.
4. The first-half FY2027 H-2B cap is already full
USCIS reached the 33,000 first-half FY2027 H-2B cap on September 4, 2026, and announced the result on September 11.
As a result, later cap-subject H-2B petitions requesting employment start dates before April 1, 2027, are rejected. Employers relying on seasonal nonagricultural workers must evaluate alternative staffing strategies and confirm whether a petition is cap-subject before filing.
Employers should not assume that an available job, an approved labor certification, or an earlier recruitment effort creates a remaining H-2B number.
Employer and HR Action List: What to Do by September 30
Employers and HR teams should complete the following steps before the fiscal year changes:
-
Review all pending I-864 filings.
Confirm that the correct form edition, supporting tax documentation, signatures, and translations are included. -
Identify time-sensitive EB-5 filings.
Confirm when the properly filed Form I-526E will reach USCIS. A wire date is not sufficient. -
Review DV-2026 cases.
Confirm whether every required step can be completed by September 30. Do not assume that a pending case will continue into FY2027. -
Audit H-2B workforce plans.
Determine whether planned petitions request start dates before April 1, 2027, and whether the applicable cap remains available. -
Review I-9 records consistently.
Confirm that reverification practices are based on valid government instructions. Employers should not treat September 9, 2026 as an automatic loss of employment authorization for Salvadoran TPS beneficiaries. USCIS has stated that protection and work authorization continue, but it has not announced a new expiration date or updated Form I-9 instructions. -
Coordinate immigration and workforce decisions.
HR, legal, finance, and business leaders should review planned layoffs, transfers, worksite changes, and foreign-worker sponsorship before implementing them.
Employer and HR Action List: What to Do on October 1 and After
Beginning October 1, employers should:
- Use only the 08/24/26 editions of Forms I-864, I-864A, and I-864EZ.
- Update internal immigration filing checklists and payment procedures.
- Use the new EOIR fees and the EOIR Payment Portal for court filings.
- Monitor the Visa Bulletin before advising employees about adjustment or consular processing.
- Reassess H-2B staffing plans for the first half of FY2027.
- Review public access files, LCAs, wage records, worksite information, and job descriptions for H-1B workers.
- Confirm whether layoffs during the prior year or planned layoffs may affect H-1B petitions.
The September 18, 2026 H-1B executive order directs adjudicators to examine recent U.S.-worker layoffs before approving certain H-1B petitions. The Department of Labor has approximately 30 days, or until around October 18, to begin reviewing past LCA data. The Wage and Hour Division is directed to conduct retroactive audits.
The order does not create an automatic ban on H-1B sponsorship after a layoff. It does create increased review risk. Employers should document the relationship between the sponsored position, the worker’s duties, the company’s organizational structure, and any eliminated U.S. position.
Blasingame Law LLC provides business immigration solutions, including H-1B strategy, workforce compliance, I-9 audits, employment-based green cards, and HR immigration guidance.
Pending Proposals and Developments That Are Not Yet Effective
Several immigration developments require monitoring but do not currently change legal obligations:
- H.R. 1 fee adjustment: DHS has not announced the FY2027 inflation adjustment. FY2026 amounts remain in effect, including the $100 Form I-589 fee, $102 annual asylum fee, $560 initial EAD fee for asylum applicants, parolees, and TPS holders, $510 first-time TPS Form I-821 fee, $250 Special Immigrant Juvenile Form I-360 fee, and $1,020 H.R. 1 parole fee.
- $100,000 H-1B payment: The September 18 proclamation extends the requirement through September 21, 2027, but court orders currently block implementation. USCIS is not collecting the payment at this time.
- H-1B executive order: The layoff-review and LCA-audit directives require implementation and agency guidance. Employers should prepare records now.
- Proposed elimination of the 60-day grace period: The proposal affects E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN workers and dependents. Comments are due November 10, 2026. The proposal is not effective.
- Mandatory electronic filing: DHS’s proposal would expand mandatory e-filing. Comments close October 13, 2026.
- Duration of status: The rule replacing duration-of-status admissions for F-1, J-1, and I nonimmigrants was blocked by a federal court on September 14. A status conference is scheduled for October 2, and D/S admissions continue.
- Federal funding: Funding continues through December 11, 2026. No October 1 federal shutdown is expected.
Guidance for Families and Foreign Workers
Individuals and families should prioritize deadlines that cannot be restored after expiration:
- DV-2026 selectees must complete processing by September 30.
- EB-5 investors seeking grandfathering protection must ensure that a properly filed Form I-526E reaches USCIS by September 30.
- Family-based applicants should use the 08/24/26 Form I-864 edition after October 1.
- Green card applicants should monitor the October Visa Bulletin before filing or making travel plans.
- Applicants for I, TN, and TD visas should prepare for expanded online-presence review.
- Individuals with immigration court matters should confirm the correct EOIR fee and payment method.
- H-1B workers should review travel, extension, transfer, layoff, and consular-processing risks before taking action.
Family immigration cases may involve spouses, parents, children, adjustment of status, consular processing, waivers, and humanitarian benefits. Review Blasingame Law LLC’s family immigration services for additional information.
Conclusion: Obtain Case-Specific Guidance Before the Deadline
The transition to FY2027 creates immediate filing deadlines and new compliance considerations. Employers must coordinate immigration filings with HR and workforce decisions. Families and foreign workers must verify form editions, priority dates, visa availability, fees, and case-specific deadlines.
Contact Blasingame Law LLC or schedule a consultation with an experienced immigration lawyer or business immigration attorney before filing, terminating employment, changing worksites, traveling, or relying on an expiring immigration benefit. The firm brings more than 30 years of experience in corporate and private immigration practice and provides personalized guidance for employers, HR teams, families, and foreign workers.
This article provides general information verified as of September 28, 2026. It does not create an attorney-client relationship and is not a substitute for legal advice regarding a specific immigration case, filing, employee, or family circumstance.
