Open Atlas #51: $100K H-1B Fee Extended but Blocked, October Visa Bulletin Pending & Layoff Scrutiny Expands


Hello Reader,

Happy Wednesday. ✨

This week’s immigration landscape brings several important updates for H-1B professionals, international talent, and job seekers. From the extension of the $100K H-1B policy and the pending October Visa Bulletin to new scrutiny around employer layoffs, these developments could have practical implications for your immigration and career planning. We’ve also included helpful resources and an upcoming webinar to help you stay informed and navigate these changes with greater clarity.

Here's what you need to know 👇

The Open Atlas Weekly Bulletin

$100K H-1B Policy Extended Through September 2027

October Visa Bulletin Still Pending as EB-2 India Reopens

New H-1B Layoff Scrutiny Could Affect Job Seekers

You're receiving this email as part of the Open Atlas weekly newsletter. Immigration and global mobility can be complex. So every Wednesday, we simplify that by sharing breaking news, free opportunities, & latest trends. If you find value in reading it, forward this to a lucky friend. If this was forwarded to you, get your own here! Read all the past editions here. 💃

Now, onto the newsletter.

📗 Immigration

​$100K H-1B Policy Extended Through September 2027 — but Remains Blocked​
​

The White House has extended the policy requiring a $100,000 payment for certain H-1B petitions involving beneficiaries outside the United States for another year, through September 21, 2027.

But the extension does not mean employers are currently paying the fee. A federal district court previously vacated the policy, and on July 24, the First Circuit declined to pause that ruling while the government's appeal proceeds. As a result, collection of the $100,000 payment remains blocked for now, despite the new proclamation extending the policy on paper.

The key takeaway is that the policy has been renewed, but its enforceability remains tied to ongoing litigation and could change as the appeals move forward.

Read more: The White House​

​October Visa Bulletin Still Pending as EB-2 India Prepares to Reopen​
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The State Department has still not released the October 2026 Visa Bulletin, with its official Visa Bulletin page continuing to list the upcoming bulletin as “Coming Soon.”

For EB-2 India applicants, October is particularly important. India reached its FY2026 EB-2 per-country limit earlier this year, making the category unavailable for the remainder of the fiscal year. Those annual limits reset when FY2027 begins on October 1, allowing visa issuance to resume for eligible applicants.

The State Department previously said it is likely that the EB-2 India Final Action Date will advance to at least the May 2026 date of July 15, 2014. That is an expectation, not a guaranteed October cutoff, because the actual date will depend on demand and the FY2027 employment-based visa limits.

Read more: U.S. Department of State Visa Bulletin​

​$103,265 H-1B Fee Proposal Hits Its Comment Deadline​
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A separate H-1B fee proposal is approaching an important deadline.

DHS has proposed an additional $103,265 fee for every cap-subject H-1B petition, including petitions eligible for the advanced-degree exemption. The proposed fee would be charged on top of other applicable filing costs.

The public comment period closes September 24, 2026, under Docket USCIS-2026-0298.

Importantly, this fee is not currently in effect. It remains a proposed rule and would need to complete the federal rulemaking process before becoming final. It is also separate from the $100,000 payment created through the presidential proclamation.

Read more: Regulations.gov — USCIS-2026-0298​

💫Career Resources

​What the New H-1B Layoff Order Means if You’re Job Hunting​​
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A new executive order could make an employer's recent layoffs increasingly relevant when H-1B filings are reviewed.

The September 18 order directs immigration and labor agencies to consider whether an H-1B sponsoring employer conducted layoffs during the previous year or plans future layoffs affecting similarly situated U.S. workers. The Department of Labor's Wage and Hour Division must also begin reviewing data from previously submitted Labor Condition Applications within 30 days - approximately October 18.

Consulting, staffing, outsourcing and other third-party placement models may face particular scrutiny because displacement questions can arise at client worksites.

For H-1B job seekers, this does not mean that joining an employer that recently conducted layoffs automatically puts your status at risk. But the relationship between the sponsored role and recently eliminated U.S. positions could become more relevant during LCA review, USCIS adjudication, consular processing and entry.

Read more: Ogletree Deakins​

💫HELPFUL RESOURCES

If You’re Tracking the New Public Charge Changes

ILRC: Latest on Public Charge

The Immigrant Legal Resource Center maintains a plain-language breakdown of the latest public charge changes, implementation dates and ongoing legal challenges.
​Explore the ILRC public charge update​

USCIS Policy Manual Updates

For the official source, USCIS publishes new and revised immigration policy guidance through its Policy Manual updates page.
​Check USCIS Policy Manual updates​
​
​If You’re Planning a Career Pivot

BLS Occupational Outlook Handbook

The Bureau of Labor Statistics lets job seekers compare occupations by pay, projected growth, education requirements and employment outlook, making it useful when considering a move into a different field.
​Explore the Occupational Outlook Handbook​

O*NET OnLine

O*NET provides detailed information on the skills, knowledge, tasks and abilities associated with different occupations, helping professionals identify adjacent career paths that may fit their existing experience.
​Explore O*NET OnLine​
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WEBINAR

​H-1B Under Pressure: Layoffs and the 60-Day Clock​

Losing a job while on an H-1B can immediately raise questions about status, the 60-day grace period, employer transfers and what happens if another job is not secured in time.

Join Frederic Ollivier, Immigration Attorney at Manifest Law, for a practical session covering what happens to your H-1B after a layoff, finding a new employer, H-1B transfers, maintaining status during a career transition and potential alternatives including O-1, EB-1A and EB-2 NIW.

September 24, 2026 | 02:00 PM ET | Virtual

Hosted by Open Atlas & Manifest Law, followed by a live Q&A.

​Register for the webinar​

👉 Want to put yourself in front of 40,000+ high-skilled immigrants? Just hit reply to start a conversation.

​Are you an immigrant in the U.S. looking for guidance and opportunities? Join the Open Atlas Community for free!

Our community has grown bigger than ever, giving you access to everything you need from visa updates, job opportunities, scholarships, founder resources, live sessions, and expert support. This is for you if you want to navigate life and work in the U.S. with confidence. Click here to join for free today. 🚀

Until next week, stay awesome.

Yours truly,

Team Open Atlas 💙

💡 None of the information shared in this newsletter is meant to be legal advice. If you're looking for legal advice, speak to a lawyer.

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