Hello Reader,
Happy Wednesday. ✨
A lot moved this week: fresh Visa Bulletin dates for Indian applicants, an important clarification on the H-1B fee, and a sharp drop in H-1B filings from India's top IT firms. We've also included takeaways from our recent H-1B layoffs session, real questions, real answers.
Here's what you need to know 👇
The Open Atlas Weekly Bulletin
October Visa Bulletin: New Dates for Indian Applicants
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$100K H-1B Fee Extended but Still Blocked
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Indian IT Firms Scale Back H-1B Registrations
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Now, onto the newsletter.
📗 Immigration
October Visa Bulletin: EB-2 and EB-5 India Reopen as the New Fiscal Year Begins
The October 2026 Visa Bulletin brings fresh visa numbers for FY2027 and new cutoffs for Indian applicants. EB-1 India’s Final Action Date is February 1, 2023, while EB-2 India reopens at November 1, 2013, and EB-3 India is at January 1, 2014. Unreserved EB-5 India also reopens, at December 1, 2023, with all three EB-5 set-aside categories remaining current. The separate Dates for Filing are July 1, 2024 for EB-1 India, January 15, 2015 for EB-2 and EB-3 India, and May 1, 2024 for unreserved EB-5 India. These filing dates do not mean a Green Card can be approved yet: applicants adjusting status in the United States must check which chart USCIS authorizes for October, and their priority date must be earlier than the applicable cutoff. The bulletin also warns that some employment-based categories for Rest of World countries have retrogressed to keep issuance within quarterly and annual limits.
Read more: October 2026 Visa Bulletin | USCIS filing-chart guidance
The $100K H-1B Fee Is Extended on Paper but Still Blocked in Court
A clarification after last week’s headlines: the $100,000 H-1B payment requirement has been extended through September 21, 2027, but it remains blocked by the courts and is not currently being collected. Extending the policy did not override the court order. Employers and applicants should continue watching the litigation, since a future ruling could change whether the payment can be enforced.
Read more: Boundless
USCIS Narrows the Weekend and Holiday Filing Deadline Rule
On September 23, 2026, USCIS issued a Policy Alert clarifying when a filing deadline that falls on a Saturday, Sunday or federal holiday moves to the next business day. Effective October 23, 2026, the extension will apply to qualifying paper filings only when a statute, regulation or form instruction sets the deadline as a specified number of days.
That means fewer automatic extensions. Before counting on an extra day to submit a filing or response, check whether your particular deadline qualifies.
Read more: Cyrus Mehta immigration update
Meanwhile, the $100,000 H-1B payment requirement has been extended through September 21, 2027, but it is not currently being collected.
The proclamation concerns certain new H-1B workers outside the United States entering on a new petition. It is not a blanket charge on people already in the country in valid H-1B status.
A Massachusetts district court struck down the policy in June, finding that the payment amounted to a tax Congress had not authorized. On July 24, the First Circuit declined to pause that ruling, leaving collection blocked while the appeal continues. The policy has therefore been extended on paper, but the extension does not make the payment enforceable. Ongoing litigation could still change that.
If you’re applying from India, two things now matter:
- The fee remains unsettled. Ask your prospective employer how it would handle the payment requirement if collection resumes while your petition is being processed.
- Your employer’s layoff history could receive closer scrutiny. The September 18 executive order directs State, Labor and DHS to consider whether a sponsoring employer laid off similarly situated U.S. workers during the previous year or plans to do so. This is a factor in reviewing a case, rather than an automatic ban on sponsorship. The order also directs DOL to begin reviewing previously filed LCA data within 30 days, around October 18. Read more about the order.
Before accepting an offer, ask about recent layoffs, how they relate to your proposed role and whether the employer’s immigration counsel has reviewed the implications for your petition.
💫Career Resources
The Route Is Changing, Not Closing
For Indian professionals hoping to move to the United States through an IT services firm, the latest filing numbers are a reason to rethink relying on that route alone.
India’s six largest IT services firms reportedly filed 1,763 H-1B registrations for FY2027, down from 21,919 the previous year, a decline of approximately 92%. These are registrations, not visa approvals, and they cover six firms rather than the entire sponsorship market.
The shift raises a practical question for anyone waiting on an onsite opportunity: is your employer actually planning to sponsor you this cycle?
If You’re in India and Hoping to Move
- Build a parallel plan. Continue pursuing an internal transfer, but also research direct employers with a history of sponsoring international talent.
- Make your specialization clear. Show what you can contribute to a specific role through relevant projects, results and experience.
- Ask where you stand. If you are already in a transfer pipeline, request clarity on your employer’s FY2027 filing plans and your place in them.
Direct hiring is an avenue worth exploring, but it should not be treated as a guaranteed or easier alternative.
If You’re Already in the United States
Employers looking to hire locally may create opportunities for candidates already in the country. However, being physically present does not remove sponsorship requirements or guarantee an advantage.
Ask early whether the company supports your specific immigration situation and whether the role has approval to proceed. That can save both sides several rounds of interviews.
Read more: Business Today
Where the Roles Actually Are
A company can be cutting jobs in one division while recruiting in another. For job seekers, that makes the team, its budget and the reason for hiring just as important as the company’s name.
When looking at AI, machine learning or other specialist roles, get specific: what is the team building, why is the position open and what experience does it actually need? A recognisable employer alone tells you very little about the stability of a particular job.
Three things to do with that:
- Look closely at the team before accepting. Ask whether the position is new or a replacement, whether its budget is approved and how recent restructuring has affected the group. For sponsored workers, relevant layoffs may also receive scrutiny during the immigration process.
- Check public layoff notices. State WARN notices and company announcements can help you understand recent cuts. They will not capture every layoff, so use them to inform questions rather than draw conclusions on their own.
- Research wages before negotiating. DOL FLAG wage data provides prevailing wage benchmarks by occupation and location. Use it alongside advertised salary ranges and comparable roles, remembering that it does not provide a complete picture of bonuses, equity or total compensation.
💡Expert Take
H-1B Under Pressure: Questions From Our Community
Takeaways from our September 24 session with Frederic Ollivier, Immigration
Attorney at Manifest Law, co-hosted by Open Atlas and Manifest Law. Answers
are paraphrased for clarity.
Q: “My I-94 expires in 15 days, but my I-797 and approved I-140 cover a longer
period. Can I stay until those expire?”
Do not assume the later dates give you more time after a layoff. The discretionary
grace period is generally up to 60 consecutive days or until the end of your
authorized validity period, whichever comes first. An approved I-140 alone does
not authorize you to remain in the United States. If your controlling I-94 expires in
15 days, work backwards from that deadline and have counsel review any
differences between your documents.
Q: “I filed a change of status to B-2 and then got an H-1B offer. Should I withdraw
the B-2 first?”
Speak with counsel before withdrawing it. A timely filed, nonfrivolous B-2
application may allow a period of authorized stay while it is pending. That is
different from having lawful B-2 status or permission to work. Withdrawing the
application could affect your ability to change back to H-1B status inside the
country. Your attorney should coordinate the pending application and the new
employer’s filing.
Q: “Can I ask my employer to keep me on payroll so the clock doesn’t start?”
Be careful about relying on payroll alone. Receiving severance or other
payments after termination does not necessarily mean you remain employed for
immigration purposes. Have counsel confirm the employment end date and
review the arrangement before assuming that your grace period starts later.
These answers are general information and are not legal advice for your specific case.
Didn’t get your question answered? Reply to this email, and we’ll bring it to the next session.
View the session page
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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.