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October 2026 Immigration Bulletin: FBI Vetting Notices, Asylum Referrals, Sponsor Credit Checks, and H-1B Layoff Reviews

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Index

Several of the changes that reached immigrants in September arrived without a press release: a letter about FBI fingerprint checks, a case status that suddenly skipped the asylum interview, a detainee who vanished from ICE’s online locator. This October 2026 immigration bulletin explains those developments alongside the formal ones, including the new public charge framework and Form I-485, the credit-check authorization added to Form I-864, the court order that preserved duration of status for international students, the Supreme Court’s order on third-country removals, and a new executive order that makes employer layoffs a factor in H-1B review.

The thread running through the month is that the government is leaning harder on the written record and less on a second conversation with the applicant. Since July 28, 2026, USCIS has been able to refer an affirmative asylum case to immigration court on the paper file alone, and late September brought the first referral notices we have seen in practice. At the same time, USCIS began enrolling applicants’ fingerprints in continuous FBI vetting, which means a criminal record check no longer ends on the day of the biometrics appointment.

Several dates now decide which rules and forms apply. Form I-485 applications submitted on or after September 18, 2026 must use the 09/18/26 edition and are judged under the new public charge framework. Since October 1, 2026, USCIS accepts only the 08/24/26 edition of Form I-864. The Department of Labor must begin reviewing previously filed H-1B labor condition applications by October 18, 2026, thirty days after the executive order. The Supreme Court will hear argument on third-country removals in its December 2026 session.

Each section below sets out what changed, corrects details that have circulated inaccurately, and explains what you can do now, whether your case is pending with USCIS, has moved to immigration court, depends on a financial sponsor, or involves an employer. For the developments that led into this month, see our September 2026 immigration bulletin.

USCIS Is Mailing FBI Privacy Notices About Continuous Vetting

In the second half of September, a large number of applicants saw their online case status change to “Case Required USCIS To Send A Notice,” and immigration offices were flooded with questions. The letter that followed is titled FBI Privacy Requirements for Biometrics Collection by USCIS. It explains that USCIS is enrolling applicants in the FBI’s continuous vetting process, under which fingerprints stay in FBI records and can be matched against new criminal history information over time instead of being checked once. Notices reached people with pending cases, and several of our clients received one even though their green cards had already been approved. The letter itself says no action is required. USCIS has not published a separate explanation of the mailing, but in an alert first released on March 30, 2026 and updated in June, it described building system connections that send automatic notifications of biometric matches and new criminal information.

PRACTICAL NOTE
The letter needs no reply. The record behind it needs your attention.
Do not call USCIS or send anything in response. Keep the letter with your immigration papers, and ignore any message that uses it as a reason to ask you for money or documents. What has changed is that an old arrest, or a new one after approval, can now reach USCIS without you filing anything. Before your next filing or interview, request your own record through the FBI Identity History Summary check and compare it line by line with the answers on your forms. For any arrest, citation, or charge, even one that was dismissed or sealed, obtain a certified court disposition, because the forms ask about arrests and not only convictions. Green card holders who are arrested should speak with an immigration lawyer before entering any plea. If USCIS schedules you for new biometrics, even shortly after an earlier appointment, attend it; a missed appointment can lead to a denial for abandonment.

USCIS: Read the USCIS update on strengthened screening and vetting

Asylum Cases Are Reaching Immigration Court Without an Interview

A DHS interim final rule that took effect on July 28, 2026 allows an asylum officer to refer an affirmative asylum application to immigration court without interviewing the applicant when the written record points to a bar, ineligibility, or a reason to deny as a matter of discretion. The one-year filing deadline is the central target, and DHS counted roughly 444,724 pending applications with a possible deadline problem. In late September, the rule began appearing in individual files. Some applicants who had been waiting for an interview saw their online status shift toward a decision instead, and one family we represent received a notice by mail, with nothing posted to the online account, stating that the spouse’s application was untimely and was being referred to removal proceedings. Legal service organizations challenged the rule in Immigration Equality v. Mullin, filed on August 19, 2026, but the rule remains in force. Our guide to asylum referrals without an interview explains who is most exposed.

PRACTICAL NOTE
A referral is not a denial, and a filing date that looks late can sometimes be defended.
Once a Notice to Appear is filed with the immigration court, USCIS no longer controls the case, so preparation shifts to court. Start with the filing date. Many families assume the day USCIS received the application is the only date that counts, but 8 CFR 208.4(a)(2)(ii) treats the mailing date as the filing date when the application arrived after the one-year mark and the applicant has clear and convincing documentary evidence that it was mailed in time. Tracking records, certified mail receipts, and courier confirmations can decide that issue before an immigration judge. Gather evidence for any exception as well, such as changed or extraordinary circumstances, or lawful status held until a reasonable period before filing. Applicants who still hold valid status are generally not referred; USCIS decides those cases itself. Watch the mailbox, not only the online account, and once you are in proceedings, keep your address current with the court on Form EOIR-33, since a missed hearing can end in a removal order.

Federal Register: Read the DHS interim final rule on affirmative asylum referrals without interview

The New Public Charge Framework Now Governs I-485 Filings

Since September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485 and rejects any earlier edition postmarked or submitted online on or after that date, with no grace period. Applications filed from that date forward are judged under the new public charge framework, in which officers weigh the totality of the applicant’s circumstances and may consider any means-tested public benefit. Applications filed between December 23, 2022 and September 17, 2026 remain under the 2022 rule, whenever the interview takes place. On September 14, New York Attorney General Letitia James, joined by 21 other states and the District of Columbia, and New York City Mayor Zohran Mamdani, leading a coalition of cities and counties, filed separate lawsuits in the Southern District of New York. The rule nonetheless took effect as scheduled, and both cases are pending. One point has been widely misstated: an insufficient Affidavit of Support was always enough, on its own, to make an applicant inadmissible when the affidavit is required. What is new is that a sufficient affidavit no longer carries built-in favorable weight and does not settle the question by itself.

PRACTICAL NOTE
Find out whether public charge applies to you before changing anything.
The public charge ground does not reach every green card applicant. Asylees and refugees adjusting status are exempt, as are several other humanitarian categories, so many asylum-based green card cases are unaffected. Family-based applicants feel the change most. If your I-485 was mailed before September 18, keep the postmark or online submission confirmation, because that date decides which framework governs your case. If you are filing now, confirm the edition date printed at the bottom of every page, and check each form in a combined package separately. Do not stop using benefits that you or your family members are lawfully entitled to on the theory that it protects your case. Benefit use is weighed in context and is not by itself a basis for denial, while losing health coverage or food assistance can cause harm of its own. Our September bulletin describes the guidance USCIS issued to its officers.

USCIS: Read the USCIS Form I-485 page and edition requirements

The Revised Form I-864 Lets the Government Check a Sponsor’s Credit

On August 31, 2026, USCIS published new 08/24/26 editions of Forms I-864, I-864A, and I-864EZ and announced late that afternoon that older editions would no longer be accepted. The American Immigration Lawyers Association and a law firm sued in federal court in Washington, D.C. on September 3, and on September 4 USCIS added a 30-day grace period. That window has closed: since October 1, 2026, only the 08/24/26 editions are accepted. The substantive change is a privacy release above the sponsor’s signature that authorizes USCIS and the Department of State to obtain information from consumer reporting agencies, including credit reports and scores, when deciding whether the affidavit is sufficient. Contrary to some early reports, the form does not require the sponsor to attach a credit report; it authorizes the government to request one. USCIS warns that a credit or security freeze may block that request, and it has not published any minimum credit score.

PRACTICAL NOTE
Have the conversation with your sponsor before the form is signed.
Every sponsor, joint sponsor, and household member signing Form I-864A should understand that the signature permits a credit inquiry. Ask them to review their own reports, available free from the three nationwide credit bureaus at AnnualCreditReport.com, and to correct errors before the case is filed. A sponsor with a freeze should either lift it before filing or be ready to lift it quickly if USCIS or a consulate asks. Where the report shows collections, a bankruptcy, or heavy debt, prepare documents that explain the history and show current income and assets, because the affidavit will now be read alongside that record. Some joint sponsors will hesitate under these terms, so identify a backup early. Finally, treat the edition date as part of your evidence. Since August, USCIS can deny a case for missing required initial evidence without first issuing a Request for Evidence, so an outdated I-864 is a mistake to catch before the package leaves your hands.

USCIS: Read the USCIS Form I-864 page and edition guidance

Court Order Keeps Duration of Status in Place for Students

The DHS final rule published on July 17, 2026 would have replaced duration of status for F, J, and I nonimmigrants with a fixed admission end date tied to the program end date on Form I-20 or Form DS-2019, generally capped at four years. Students who needed more time would have filed Form I-539 with USCIS instead of relying on a program extension from their school, and the F-1 grace period after completing studies would have dropped from 60 days to 30. The rule was set to take effect on September 15. On September 14, 2026, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts postponed its effective date nationwide in Presidents’ Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799, finding the challengers likely to succeed on their claim that the rule was arbitrary and capricious. The order is preliminary and can be appealed. It also reversed a widely repeated form deadline: USCIS had announced mandatory 09/15/26 editions of Forms I-539 and I-765 with no grace period, but following the order it continues to accept the prior editions and is not accepting the new ones.

PRACTICAL NOTE
For now, the old rules apply, and so do the old forms.
File Form I-539 on the 08/28/24 edition and Form I-765 on the 08/21/25 edition, the opposite of what many August guides advised. If a package was assembled with 09/15/26 pages, replace them before mailing. School transfers, program extensions, and changes of educational level continue to run through your designated school official under the existing regulations, so keep your I-20 or DS-2019 current. After any trip abroad, look up your record on the CBP I-94 website and confirm it shows “D/S.” If it shows a fixed date instead, raise it with your school and an attorney promptly. Because the government can ask a higher court to lift the order, students approaching four years in the United States, or planning a change of degree level, should keep their records organized in case the rule returns. Our August immigration bulletin summarizes what the rule would change.

USCIS: Read the USCIS Form I-539 page on the court order and accepted editions

ICE Drops Detainees With Final Removal Orders From Its Online Locator

Families and attorneys have long used ICE’s Online Detainee Locator System to confirm where a person is held, searching by A-number or by name and country of birth. Beginning around September 15, 2026, according to reporting by the Associated Press and the Washington Post, people with final orders of removal stopped appearing in the system, and ICE staff were reportedly instructed not to share their locations with attorneys or relatives. ICE made no announcement and has neither confirmed nor denied the change, stating only that detainees with final orders are a removal priority and that every detainee has access to a telephone. The locator matters for more than reassurance. A habeas corpus petition is filed in the federal district where the person is detained, and that location determines which court, and which circuit’s precedent, will govern the case. A related court fight moved the same way. On September 18, the First Circuit largely upheld a ruling in D.V.D. v. DHS that people facing removal to a third country must receive effective notice and a meaningful chance to raise a fear claim. On September 29, the Supreme Court stayed that judgment, agreed to decide the case, and set argument for December, so third-country removals continue in the meantime.

PRACTICAL NOTE
Prepare before anyone is detained, because the first hours now carry more weight.
Every family with a member at risk should keep, in one place, that person’s A-number, full name as it appears on immigration documents, date and country of birth, copies of any removal order and pending applications, and the number of a lawyer who can act the same day. If someone is detained and does not appear on the ICE locator, call the ICE Enforcement and Removal Operations field office that covers the place of arrest, and write down the time of every call and the name of every officer you speak with. Pass all of it to your lawyer immediately. A habeas petition filed before a transfer can keep the case in the court where it began, as our guide to habeas corpus and immigration bond explains. A final order also does not close every door: depending on the facts, a motion to reopen, a stay of removal, or a fear claim about a proposed third country may still be available.

U.S. Supreme Court: Read the docket in Department of Homeland Security v. D.V.D.

A New Executive Order Ties H-1B Review to Employer Layoffs

On September 18, 2026, President Trump signed Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program. It directs the Departments of State, Labor, and Homeland Security, working with Commerce, Education, and the Small Business Administration, to consider whether a sponsoring employer laid off similarly situated U.S. workers during the prior year, or plans to, when they review labor condition applications, petitions, visa applications, and admissions. It also tells the Department of Labor’s Wage and Hour Division to begin, within 30 days, reviewing previously filed labor condition applications to decide whether investigations are warranted. Layoffs do not legally bar an H-1B filing. Current law imposes a non-displacement attestation only on H-1B dependent employers and willful violators, covering 90 days before and after filing, so the order adds a review factor rather than a prohibition, and its reach depends on guidance the agencies have not yet issued. The same day, a proclamation extended the $100,000 H-1B payment through September 21, 2027. That payment remains blocked by the federal court order discussed in our September bulletin, and the extension is widely expected to fall under the same order while the government’s appeal continues.

PRACTICAL NOTE
Put the compliance file in order before an investigator asks to see it.
Employers should pull the public access file for each active labor condition application and confirm that the wage documentation, the explanation of the actual wage system, and proof of notice posting are complete. Check that every H-1B employee works at a location covered by a certified application; a move outside the original metropolitan area generally requires an amended petition before the change takes effect. If the company reduced staff in the past year, document which positions were eliminated, when, and how they differ from the roles held by or offered to H-1B workers, and plan to address that history in upcoming filings. Site visits are a standard part of H-1B enforcement and are likely to increase, so make sure the staff who greet visitors know where these records are kept. Do not pay or budget for the $100,000 payment while the court order stands, and keep it separate from the proposed $103,265 cap fee, which is still only a proposal.

Federal Register: Read Executive Order 14431 on H-1B program integrity

Client Successes

Seven Delayed Cases That Federal Lawsuits Set in Motion

Each of these clients had waited months or years with no decision before we filed a mandamus lawsuit asking a federal court to compel USCIS to act.

An asylee’s green card, approved after an RFE. A Turkish truck driver filed his asylee-based Form I-485 on September 12, 2024. After 22 months, we filed suit in the Eastern District of California on July 14, 2026. He was uneasy about going to court at first, and the first movement on his file was a Request for Evidence rather than the approval he had hoped for. We answered it before the September 16 deadline, and his green card was approved on September 22, 2026. He is already looking ahead to citizenship, the step that will allow him to petition for his parents.

A son’s follow-to-join petition, approved after two years. A Turkish family entered the United States in 2023 and was granted asylum through immigration court. Their son had entered separately on a visa and was not part of that case, so the family filed Form I-730 for him, and the parents filed for green cards on May 24, 2024. With the I-730 stalled for about two years, we filed suit in the Middle District of North Carolina on August 3, 2026. The I-730 was approved on September 23, 2026. The parents’ I-485 applications are still pending, and we are continuing to press them.

Two interviews in one visit, then a green card. A Turkish national filed Form I-730 for his wife and Form I-485 for himself, and both sat for two years and five months. We filed suit in the District of Connecticut on January 27, 2026. When USCIS held the I-730 interview, the officer completed his I-485 interview during the same visit, and both went smoothly. His green card was approved on September 18, 2026.

A citizenship interview scheduled after 17 months. A Mexican national filed her Form N-400 on March 8, 2025. After about 17 months with no interview, we filed suit in the District of Arizona on September 1, 2026, and her naturalization interview is now set for October 27, 2026. We will follow the case through a decision. Her husband also has an N-400 pending, and we can assist if his interview is not scheduled.

The fastest result of the month: one day. An Indian national in H-4 status filed Form I-765 for an H-4-based work permit on May 20, 2026. We filed suit in the Southern District of Ohio on September 16, 2026, and USCIS approved the application on September 17, the next day. The file will close once the physical card arrives. Our guide to H-4 EAD delays explains when a pending work permit is ready for federal court.

An asylum-based green card interview, finally on the calendar. A Turkish asylee filed Form I-485 on December 10, 2024. After 19 months, we filed suit in the Middle District of Tennessee on July 14, 2026. The interview is now scheduled for October 23, 2026, and our team is following the case closely.

Nearly four years, then an interview in sight. A citizen of Malawi filed Forms I-130 and I-485 through her U.S. citizen spouse on October 3, 2022. After about 45 months, we filed suit in the Western District of Washington on July 29, 2026. On September 15, USCIS indicated that an interview had been scheduled, which Attorney Arif Gozel confirmed as a positive development. The formal interview notice has not yet arrived.

Every case turns on its own facts, and filing suit does not guarantee a particular result. What these cases share is a long, documented delay that a federal judge could measure.

For a personalized evaluation of your U.S. immigration case, get in touch with our team. We’ll review your situation thoroughly and recommend the strategy that fits your circumstances best.

Phone: +1 (862) 799-2200 | Email: info@gozellaw.com

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Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Every immigration case has unique circumstances. For legal guidance specific to your situation, we recommend consulting with an experienced immigration attorney. The information in this article reflects laws and policies as of the publication date; subsequent changes may affect its accuracy.

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