Immigration weekly update: September 17, 2026

Immigration news update for all regions


Americas

United States: Court delays implementation of new admission period rules for F-1 and J-1 visa holders

A federal court has postponed the implementation of a U.S. Department of Homeland Security (DHS) regulation that would have replaced the current “duration of status” (D/S) admission framework for F-1 students and J-1 exchange visitors with fixed periods of authorised stay. The rule had been scheduled to take effect on September 15, 2026.

Under the proposed regulation, F-1 and J-1 non-immigrants would have been issued Form I-94 records with specific expiration dates rather than being admitted for the duration of their approved programme. The changes would also have introduced new requirements related to extensions of stay and imposed a maximum admission period for certain visa holders.

On September 14, 2026, the U.S. District Court for the District of Massachusetts ordered a nationwide postponement of the rule’s effective date while legal proceedings continue. As a result, the existing D/S admission system remains in effect for F-1 students and J-1 exchange visitors, and the planned changes will not be implemented at this time.

The court’s decision delays, but does not cancel, the regulation. The legal challenge remains ongoing, and the future status of the rule will depend on the outcome of the litigation.

This summary is based on information provided by Crown’s service partner.

DHS proposes to eliminate 60-day grace period for certain employment-based non-immigrants

The U.S. Department of Homeland Security (DHS) has published a Notice of Proposed Rulemaking (NPRM) that would eliminate the current discretionary grace period of up to 60 days available to certain employment-based non-immigrant workers and their dependants following the end of employment.

Under the proposal, individuals holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, as well as their dependent family members, would no longer be able to remain in the United States for up to 60 days after the cessation of the employment or activity that formed the basis of their status. Instead, they would generally be expected to depart the United States immediately upon the end of their qualifying employment or activity, unless they are otherwise authorised to remain in the country.

The current grace period was introduced in 2017 to provide flexibility for affected workers to seek new employment, change status, pursue permanent residence options, or otherwise maintain lawful status in the United States following job loss. DHS now states that the grace period is inconsistent with the statutory framework governing these non-immigrant classifications because eligibility for the status is directly tied to the relevant employment or activity. The agency also argues that administering the grace period creates additional adjudicative complexity and administrative burden for U.S. Citizenship and Immigration Services (USCIS).

DHS acknowledges that the proposed change could affect workers, employers, and family members who have relied on the grace period to pursue alternative immigration options or secure new employment. The agency is therefore seeking public comments on the proposal and its potential impact before deciding whether to finalise the rule. Comments must be submitted within 60 days of publication in the Federal Register.

This summary is based on information provided by Crown’s service partner as well as information published in the Department of Homeland Security

TPS protections for Salvadoran nationals continue pending further DHS announcement

The U.S. Department of Homeland Security (DHS) has confirmed that Temporary Protected Status (TPS) protections for eligible Salvadoran nationals will remain in effect while the government determines the future of the programme.

El Salvador’s TPS designation had been scheduled to expire on September 9, 2026. However, U.S. Citizenship and Immigration Services (USCIS) has stated that a formal announcement regarding the designation will be issued later. Until such an announcement is made, Salvadoran nationals who currently hold TPS continue to benefit from the programme’s protections, including employment authorisation.

As a result, employers should not assume that work authorisation for Salvadoran TPS beneficiaries ended on the previously announced expiration date. Existing TPS-related protections remain in place pending further action and guidance from DHS.

At this stage, DHS has not released detailed information regarding how long these protections will continue or whether any updates to Form I-9 employment verification procedures will be required. Further guidance is expected from the U.S. authorities.

This summary is based on information provided by Crown’s service partner as well as information published in the U.S. Citizenship and Immigration Services

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Joanna Sogeke (European Client Services Manager – Immigration).


Asia-Pacific

Japan: Increase in fees for the renewal of residence cards

The Immigration Services Agency in Japan announced details of the revised fee structure for the renewal of residence cards which will become effective on October 1, 2026. The current fee for a residence renewal application is JPY 6,000 when submitted in person (JPY 5,500 online). Under the proposed changes, fees will instead be linked to the length of residence granted, with the following charges:

Up to 3 months: JPY 10,000

3–6 months: JPY 18,000 in person / JPY 15,000 online

6–12 months: JPY 25,000 / JPY 21,000

1 year: JPY 33,000 / JPY 27,000

1–3 years: JPY 48,000 / JPY 42,000

3–5 years: JPY 64,000 / JPY 56,000

5 years+: JPY 75,000 / JPY 65,000

 

The fee for permanent residence would also increase substantially, from JPY 10,000 to JPY 200,000

The Japanese Government has indicated that the additional revenue is intended to support immigration administration, infrastructure and services for Japan’s growing foreign resident population, while also bringing Japanese fees closer to international benchmarks.

This summary is based on information provided by Crown’s service partner.

Vietnam: Decree 283/2026/ND-CP replaces Decree 12/2022/ND-CP and introduces an updated penalty framework for labour and social insurance violationsVietnam

Vietnam’s Decree 283/2026/ND-CP took effect on 10 September 2026, replacing Decree 12/2022/ND-CP and introducing an updated penalty framework for labour and social insurance violations. The decree strengthens alignment with the foreign worker management regime established under Decree 219/2025/ND-CP.

The updated framework expands employer compliance obligations beyond obtaining valid work permits. Employers must also comply with requirements relating to work permits and work permit exemption certificates, short-term assignment notifications, multi-province work notifications, the proper deployment of foreign employees within approved work permit or exemption conditions, and obligations concerning the revocation and return of work permits.

The decree also clarifies penalties applicable to foreign nationals who work without a required work permit or exemption certificate, or who continue working after such authorisation has expired. Violations may result in fines ranging from VND 15 million to VND 25 million and may lead to expulsion from Vietnam. Employers face separate penalties based on the number of non-compliant foreign workers involved, ranging from VND 30 million to VND 45 million for one to ten workers, VND 45 million to VND 60 million for eleven to twenty workers, and VND 60 million to VND 75 million for twenty-one or more workers.

In addition, the decree introduces explicit penalties for non-compliance with the notification requirement applicable to certain assignments of less than 90 days. Employers must notify the competent labour authorities at least three working days before work commences. Failure to submit notifications, or submitting them late or with incomplete information, may result in fines of VND 1 million to VND 3 million. The decree also confirms that such administrative failures do not automatically render a foreign national’s work unauthorised where the individual otherwise qualifies for an applicable exemption.

This summary is based on information published by Vietnam Briefing

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon (Director of Immigration Services, APAC).


Europe, Middle East and Africa

Sweden: New family immigration rules take effect on October 1, 2026

The Swedish Parliament has adopted new rules governing immigration based on family ties, which will take effect on October 1, 2026. The changes will affect both individuals in Sweden acting as sponsors (reference persons) and foreign nationals applying for or renewing residence permits to join family members in Sweden. The new provisions do not apply to family members of workers, students, or long-term residents of another EU Member State.

Under the new rules, individuals holding a temporary residence permit in Sweden will generally need to have lived in the country for at least two years before family members can obtain residence permits based on family reunification. Certain exemptions will apply, including for some refugees whose family relationship existed before their arrival in Sweden. In addition, sponsors holding temporary residence permits must demonstrate well-founded prospects of obtaining permanent residence rights in Sweden in order to sponsor family members.

The maintenance requirement applicable to family immigration cases will also be strengthened. From October 1, 2026, higher financial thresholds will apply, although the current thresholds will continue to be used for extension applications submitted by October 1, 2027, where the original family-based permit was granted before October 1, 2026. From October 2, 2027, the higher maintenance requirements will apply to all relevant applications.

Another significant change is that the maintenance requirement will apply not only to initial family reunification applications but also to extension applications. When assessing compliance with this requirement, the authorities will be able to consider the family member’s own income in addition to that of the sponsor.

The reforms also introduce new provisions benefiting certain young adults who previously held residence permits as dependent children. Between October 1, 2026, and December 31, 2027, individuals over the age of 18 who have held a residence permit based on their relationship to a parent after October 1, 2023, may, in certain circumstances, apply from within Sweden for a new family-based residence permit or another residence permit category. The rules may also benefit some young adults who have received a legally enforceable expulsion decision on or after  January 1, 2025, and who previously held a residence permit as a child.

Additional provisions will allow some individuals aged 18 to 20, and in certain cases those aged 21 or older, to extend residence permits previously granted as dependent children. Eligibility may depend on factors such as continued cohabitation with a parent and the existence of a special relationship of dependency.

This summary is based on information published by Swedish Migration Agency

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Joanna Sogeke (European Client Services Manager – Immigration).


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