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U.S. Immigration News, October 2026: OPT Fees, EAD Rule, DV-2027 and Key Deadlines

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U.S. Immigration News, October 2026: OPT Fees, EAD Rule, DV-2027 and Key Deadlines
Quick Answer

The main U.S. immigration developments of October 1 to 18, 2026 were a DHS proposal (October 8) to charge $70,000 for a student's initial OPT and $30,000 for later OPT, paid by the school, with comments due November 9; a final rule (October 14) confirming that EAD renewals filed on or after October 30, 2025 get no automatic extension in most categories; a proposal (October 14) to end deference to prior approvals in H-1B, L-1, O-1, E and TN extensions, with comments due November 13; a court order (October 14) requiring the State Department to open DV-2027 registration by November 1; new H.R. 1 fees from October 16; and a USCIS deadline policy effective October 23. The October Visa Bulletin also retrogressed EB-2 and EB-3.

October 2026 was a heavy month for U.S. immigration rules. A new fiscal year began, DHS published five immigration-related rules and proposals in a single week, a court ordered the green card lottery back to life, and a proposed $70,000 fee put the future of OPT in question. This roundup covers what happened between October 1 and October 18, 2026, why each item matters, and the deadlines coming up in November and December. Every item is drawn from the Federal Register, USCIS, the State Department or a court order.

The month at a glance

DateWhat happenedWho it affectsStatus
Oct 1Fiscal year 2027 begins; October Visa Bulletin in forceAll green card applicantsIn force
Oct 8DHS proposes $70,000 initial and $30,000 subsequent OPT feesF-1 students, universities, employersProposed; comments to Nov 9
Oct 14Final rule confirms the end of automatic EAD extensionsWork permit holders renewing their EADFinal; in effect
Oct 14Proposal to remove “deference” to prior approvals in extensionsH-1B, L-1, O-1, E, TN and other I-129 workersProposed; comments to Nov 13
Oct 14Refugee termination notice period cut from 30 to 10 daysRefugeesInterim final rule
Oct 14Civil penalty rule for failure to depart finalizedPeople with removal orders or voluntary departureFinal
Oct 14Court orders DV-2027 lottery registration to reopenDiversity visa applicantsRegistration to open by Nov 1
Oct 16New USCIS fee schedule edition; FY 2027 H.R. 1 fees take effectAsylum, parole, TPS and EAD filersIn effect
Oct 23New USCIS policy on deadlines that fall on weekends or holidaysAnyone with a filing deadlineEffective Oct 23

1. The October Visa Bulletin opened fiscal year 2027

The first bulletin of the new fiscal year moved F2A forward by a month, to September 22, 2026. It retrogressed EB-2 for All Chargeability countries to January 1, 2025 and EB-3 to May 15, 2024, and USCIS accepted the Dates for Filing chart for every category. Applicants born in Turkey use the All Chargeability column. Our full analysis: October 2026 Visa Bulletin explained. The November bulletin had not been published as of October 18.

2. DHS proposes a $70,000 fee for OPT

On October 8, 2026, DHS published a proposed rule titled “Optional Practical Training Fees” (91 FR 64566). It would charge $70,000 for a student's initial OPT and $30,000 for any subsequent OPT recommendation for the same student, which appears to include a STEM OPT extension. Under the proposal, the school must pay the fee before its designated school official can recommend OPT in SEVIS, although DHS acknowledges schools may pass the cost on to students or employers. The fee would apply only to OPT recommendations dated on or after the final rule's effective date, which DHS proposes to set 60 days after publication.

Why it matters: OPT is the main bridge from a U.S. degree to an H-1B job for Turkish students. Nothing changes yet, but students graduating in 2027 should plan for the possibility that OPT becomes far more expensive or harder to obtain. Comments are open until November 9, 2026.

3. Automatic EAD extensions are gone for good

On October 14, DHS finalized its October 2025 interim rule (91 FR 65306). EAD renewal applications filed on or after October 30, 2025 no longer receive the up-to-540-day automatic extension in most categories, including pending adjustment of status applicants and H-4 spouses. Extensions provided by law or by TPS Federal Register notices are not affected. EADs that were automatically extended before October 30, 2025 remain valid for that extension.

What to do: file renewals as early as USCIS allows (up to 180 days before expiry) and plan for a possible gap. Employers should calendar every EAD expiration date.

Not sure how October's changes affect your case? Yellow Law Group reviews your status, deadlines and options in English or Turkish. Book a free case evaluation.

4. Extensions may lose “deference” to prior approvals

Also on October 14, DHS proposed removing 8 CFR 214.1(c)(5) (91 FR 65119). Today, when an employer files to extend a worker's H-1B, L-1, O-1, E, TN or similar status with the same facts, officers generally defer to the earlier approval. Without that rule, every extension could be re-examined from scratch. That likely means more requests for evidence and longer processing. Comments close November 13, 2026. Workers and employers planning 2027 extensions should prepare full evidence packages rather than relying on the previous approval.

5. Other DHS rules published on October 14

  • Refugee terminations: an interim final rule (91 FR 65077) cuts the time to respond to a notice of intent to terminate refugee status from 30 days to 10 days.
  • Civil penalties: a final rule (91 FR 65390) confirms the June 2025 interim rule on fines for people who fail to depart after voluntary departure or a final removal order, with one change allowing late appeals caused by documented mail delays.

6. The DV-2027 lottery is back, by court order

On October 14, U.S. District Judge Jinsook Ohta of the Southern District of California issued a preliminary injunction in Red Eagle Law, L.C. v. Rubio. It orders the State Department to open registration for the delayed 2027 Diversity Visa program. Under a revised schedule reported by the plaintiffs' counsel, the Department must announce the registration period by October 29, open registration by November 1, keep it open for 30 days, and notify selectees by early December. Turkish nationals are eligible for the DV program. Background and eligibility: DV-2027 current status.

Warning: enter only through the official State Department website (dvprogram.state.gov). The entry is free, and no agent can improve your chances.

7. New USCIS fee schedule edition and H.R. 1 fees

USCIS released a new edition of its fee schedule (Form G-1055) dated October 16, 2026. The annually adjusted fees created by H.R. 1 (Pub. L. 119-21) took effect that day for Forms I-131, I-589, I-765, I-821 and I-941. Filings postmarked on or after October 16 without the correct fee will be rejected. These fees are separate from the ordinary filing fees and cannot be waived.

8. A new rule for weekend and holiday deadlines (from October 23)

USCIS Policy Alert PA-2026-15, issued September 23 and effective October 23, 2026, changes how “day” is read for filing deadlines. For paper filings, a deadline measured as a number of days can still roll to the next business day if it ends on a weekend or holiday. But eligibility cutoffs tied to a person's age or another substantive condition, such as filing before a child turns 21, no longer roll forward. Online filings are due on the actual date. If a deadline falls on a weekend, file early.

Carried over from September

  • H-1B 60-day grace period: DHS proposed eliminating it on September 11; comments close November 10. See our H-1B layoff guide.
  • H-1B $100,000 payment: the entry restriction was extended on September 18, 2026 to September 21, 2027.
  • F-1 and J-1 fixed admission periods: since September 15, 2026, new students receive an I-94 with a fixed end date instead of “duration of status.”
  • Public charge: the broader 2026 public charge framework has applied since September 18. See our public charge guide.
  • EB-5 fees: a final EB-5 fee rule published September 30 takes effect November 30, 2026.

Deadlines to watch

DateDeadline
October 23, 2026New USCIS deadline-day policy takes effect
October 29, 2026State Department must announce DV-2027 registration dates
November 1, 2026DV-2027 registration must open (30-day window)
November 9, 2026Comments close on the OPT fee proposal
November 10, 2026Comments close on eliminating the 60-day grace period
November 13, 2026Comments close on removing deference and on the refugee termination rule
November 30, 2026EB-5 fee rule takes effect
December 11, 2026EB-4 non-minister religious worker category expires unless extended

What this means for Turkish applicants

None of October's measures names Turkey, and Turkey remains outside the 2026 travel ban. The changes that matter most to our Turkish clients are practical ones. EAD renewals must be filed early. Students and employers need to plan around the OPT fee proposal. H-1B, L-1 and E-2 employees should prepare stronger extension filings. Families should not miss the DV-2027 registration window. Immigrant visa interviews at the U.S. Embassy in Ankara are still catching up after the worldwide pause from August 26 to September 10. See our travel ban and visa pause overview.

When to talk to a lawyer

  • Your EAD expires in the next six months and you depend on it to work.
  • You are an F-1 student planning OPT in 2027.
  • Your H-1B, L-1, O-1 or E-2 extension is due in 2027.
  • You have an age-sensitive filing, such as a child approaching 21.
  • You plan to enter the DV-2027 lottery and have questions about eligibility.

Talk to Yellow Law Group. We publish this roundup every month and help clients act on the changes in English and Turkish. Book a free case evaluation or see our EAD application and renewal services.

Sources

This article is general information, not legal advice, and covers developments through October 18, 2026.

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U.S. Immigration News, October 2026: OPT Fees, EAD Rule, DV-2027 and Key Deadlines • Frequently Asked Questions

No. It is a proposed rule published October 8, 2026. Comments are due November 9, 2026. If finalized, DHS proposes it would apply to OPT recommendations dated 60 days or more after the final rule is published.

The proposal requires the SEVP-certified school to pay the fee before its designated school official can recommend OPT. DHS acknowledges that schools may pass the cost on to students or employers.

In most categories, no. Renewal applications filed on or after October 30, 2025 do not receive the old up-to-540-day automatic extension. DHS finalized this on October 14, 2026. Extensions provided by law or TPS notices are not affected.

Under the court-ordered schedule reported by the plaintiffs, the State Department must announce the dates by October 29 and open registration by November 1, 2026, for at least 30 days. Use only dvprogram.state.gov.

DHS proposed on October 14, 2026 to remove 8 CFR 214.1(c)(5), under which USCIS generally defers to a prior approval when extending the same worker's status on the same facts. Without it, every extension could be fully re-reviewed.

No October measure names Turkey, and Turkey is not on the 2026 travel ban list. The changes affect Turkish nationals in the same way as others, especially EAD holders, F-1 students and H-1B, L-1 and E-2 workers.

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