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Hiring Foreign Talent After September 15: The F-1 Fixed-Term Rule, OPT Timing, and the H-1B Fee Whiplash

Two rules changed your foreign-hire calendar and your budget at once. Time change-of-status filings around the weighted lottery, price the $100,000 and $103,265 fee exposure, audit F-1/OPT workforces before September 15, and counsel employees on the 30-day grace period.

2026-10-14 12:00:00

Program Details

2026-10-14 12:00:00

2026-10-14 12:00:00

2h CLE Credits

2026-10-14 12:00:00

Program Details

2026-10-14 12:00:00

Program Details

2026-10-14 12:00:00

Over 1,000+ webinars

2026-10-14 12:00:00

Course Overview

Your F-1 Hire’s Clock Now Runs Out on a Date, Not a Program

2026-10-14 12:00:00

Duration-of-status admission for F-1 nonimmigrants ends September 15, 2026. DHS replaces it with a fixed admission period and cuts the grace period from 60 days to 30. On the sponsorship side, Proclamation 10973 imposed a $100,000 fee; DHS has since proposed $103,265 for every H-1B cap-subject petition.

Miss the fixed end date, and unlawful presence starts accruing. Let an employee travel after September 15, and transition protections come into question. File an I-765 without the companion I-539, and I-9 compliance stalls mid-adjudication. Sponsor at the wrong wage level, and the weighted lottery works against you. Read California v. Mullin wrong, and you budget six figures you may not owe.

You leave with a change-of-status timing framework, a wage-level strategy for the weighted lottery, and STEM OPT positioned as a multi-cycle buffer. You also leave with an audit protocol for current F-1/OPT workforces, tracking-system updates, and counseling language for the travel and grace-period traps. Judgment calls, not doctrine.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Fee Exposure Math
Price a cap-subject H-1B petition against the $100,000 fee imposed by Proclamation 10973 and the proposed $103,265 fee, and track enforceability through California v. Mullin.
02
Weighted Lottery Strategy
Set wage levels for OPT-to-H-1B conversions knowing how the new weighted lottery changes each candidate’s registration position.
03
Prevailing Wage Shifts
Adjust H-1B filings to DOL’s changes to the prevailing wage system and wage tiers before they reach your processing timelines.
04
Cap Gap Bridging
Use extended cap gap protection and STEM OPT as a multi-cycle bridge between OPT expiration and an H-1B start date.
05
Fixed-Admission Mechanics
Recalculate each F-1 employee’s authorized period under the fixed-admission rule effective September 15, 2026, where unlawful presence, a 30-day grace period, and international travel now create exposure.
06
Onboarding Compliance Steps
Audit the current F-1/OPT workforce, manage dual I-765 and I-539 adjudications, and keep I-9 records defensible while those filings are pending.

Program schedule

clock 12:00 pm - 1:00 pm EST

Planning H-1B Sponsorship and OPT Conversion Through the Fee Litigation

This session examines the compounding fee and regulatory changes reshaping H-1B sponsorship strategy in 2026–2027, including the $100,000 fee imposed by Proclamation 10973, the ensuing litigation in California v. Mullin, and August DHS proposal to establish a $103,265 fee for all H-1B cap-subject petitions. Attorneys will learn how the new weighted lottery, extended cap gap provisions, and DOL’s changes to the prevailing wage system affect the OPT-to-H-1B conversion pathway. Attendees will leave with a practical framework for advising employers on change-of-status timing, wage-level strategy under the weighted lottery, and STEM OPT as a multi-cycle buffer during fee uncertainty.

Alka BahalAlka Bahal
clock 1:10 pm - 2:10 pm EST

Onboarding F-1 and OPT Hires Under the September 15 Fixed-Admission Rule

This session covers the DHS final rule eliminating duration-of-status (D/S) admission for F-1 nonimmigrants and replacing it with a fixed admission period and reduction of the grace period from 60 to 30 days, effective September 15, 2026. Attorneys will learn how the rule reshapes employer onboarding obligations, I-9 tracking, OPT/STEM OPT timing, unlawful presence exposure, and the dual-adjudication requirements triggered when a student’s authorized period approaches the four-year cap. Attendees leave with a practical compliance framework for auditing current F-1/OPT workforces, updating immigration tracking systems, and counseling employees on the travel and grace-period traps created by the new regime.

Alka BahalAlka Bahal
Alka Bahal

Alka Bahal

OGC Solutions

Alka Bahal

Alka Bahal

OGC Solutions

Alka Bahal’s practice is corporate immigration and nothing else. She advises employers on Federal Employment Eligibility Verification, conducts I-9 audits, and defends clients in I-9/IRCA inspections. She obtains non-immigrant and immigrant visas, develops compliance programs for employers, and facilitates the global movement of client personnel. Across nearly 30 years in immigration and nationality law she has filed tens of thousands of petitions related to non-immigrant employment and permanent residence acquisition. She works with the firm’s labor, employment, and corporate lawyers to deliver integrated cross-border advice.

Education & Credentials

Alka earned her Juris Doctor from Boston University School of Law and her Bachelor of Arts from Marquette University. She is admitted to the bar in New Jersey and has permission to represent immigration clients across the United States and globally. She also speaks Spanish and Hindi.

Recognition & Leadership

Alka has been recognized in The Best Lawyers in America since 2023 and is ranked by Chambers & Partners’ USA Guide 2024 for Immigration in New Jersey. She chairs the Essex County Bar Association Immigration Committee. She is a member and past Chair of the New Jersey State Bar Association’s Immigration Law Committee. A recognized speaker and author, she regularly hosts seminars on business immigration, compliance, and strategic planning.

Professional Involvement

Within the American Immigration Lawyers Association, Alka serves on the national Verification and Documentation Liaison Committee and the Distance Learning Committee, and she is active in the New York and New Jersey chapters. Her committee work also includes the ICE Committee on Worksite Enforcement, the Customs and Border Control Committee, and the Department of Labor Committee. She sits on the ABA Advisory Panel. Within the New Jersey State Bar Association she holds appointments to the International Law and Organizations Special Committee and the Paralegal Special Committee. She is a member of the South Asian Bar Association and serves as a LinkedIn Advisor.

Experience

Employer compliance sits at the center of Alka’s work: advising on Federal Employment Eligibility Verification, conducting I-9 audits, defending clients in I-9/IRCA inspections, and building compliance programs for employers. She has filed tens of thousands of petitions related to non-immigrant employment and permanent residence acquisition, and she handles visa processing and the movement of personnel for clients operating across borders.

Her nearly 30 years in immigration and nationality law have been spent solely on corporate immigration, serving Fortune 500 corporations, small startup ventures, and nonprofit organizations across biotechnology, construction, healthcare, and information technology. She advocates strategic immigration planning built around each client’s business needs and cost-effective representation.
Alka Bahal

Alka Bahal

OGC Solutions

Alka Bahal’s practice is corporate immigration and nothing else. She advises employers on Federal Employment Eligibility Verification, conducts I-9 audits, and defends clients in I-9/IRCA inspections. She obtains non-immigrant and immigrant visas, develops compliance programs for employers, and facilitates the global movement of client personnel. Across nearly 30 years in immigration and nationality law she has filed tens of thousands of petitions related to non-immigrant employment and permanent residence acquisition. She works with the firm’s labor, employment, and corporate lawyers to deliver integrated cross-border advice.

Education & Credentials

Alka earned her Juris Doctor from Boston University School of Law and her Bachelor of Arts from Marquette University. She is admitted to the bar in New Jersey and has permission to represent immigration clients across the United States and globally. She also speaks Spanish and Hindi.

Recognition & Leadership

Alka has been recognized in The Best Lawyers in America since 2023 and is ranked by Chambers & Partners’ USA Guide 2024 for Immigration in New Jersey. She chairs the Essex County Bar Association Immigration Committee. She is a member and past Chair of the New Jersey State Bar Association’s Immigration Law Committee. A recognized speaker and author, she regularly hosts seminars on business immigration, compliance, and strategic planning.

Professional Involvement

Within the American Immigration Lawyers Association, Alka serves on the national Verification and Documentation Liaison Committee and the Distance Learning Committee, and she is active in the New York and New Jersey chapters. Her committee work also includes the ICE Committee on Worksite Enforcement, the Customs and Border Control Committee, and the Department of Labor Committee. She sits on the ABA Advisory Panel. Within the New Jersey State Bar Association she holds appointments to the International Law and Organizations Special Committee and the Paralegal Special Committee. She is a member of the South Asian Bar Association and serves as a LinkedIn Advisor.

Experience

Employer compliance sits at the center of Alka’s work: advising on Federal Employment Eligibility Verification, conducting I-9 audits, defending clients in I-9/IRCA inspections, and building compliance programs for employers. She has filed tens of thousands of petitions related to non-immigrant employment and permanent residence acquisition, and she handles visa processing and the movement of personnel for clients operating across borders.

Her nearly 30 years in immigration and nationality law have been spent solely on corporate immigration, serving Fortune 500 corporations, small startup ventures, and nonprofit organizations across biotechnology, construction, healthcare, and information technology. She advocates strategic immigration planning built around each client’s business needs and cost-effective representation.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
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Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs