As of October 21, 2026, the current federal regulatory agenda, which reginfo.gov calls the 2026 Regulatory Plan and Unified Agenda, is the best public map of the immigration rules agencies plan to issue next (reginfo.gov, Current Unified Agenda). For skilled immigrants, four unpublished items stand out on the 2026 immigration regulatory agenda: H-1B reform, a PERM overhaul, a Practical Training rule for F-1 students projected for February 2027, and new naturalization test standards projected for December 2026 (RIN 1615-AD00; RIN 1205-AC29; RIN 1653-AA97; RIN 1615-AD13). None of the four has been published, so none has changed any rule yet.
This post covers the whole agenda as it applies to skilled immigrants: what it promised, what has been published since, what is still pending, and which major proposals never appeared on it. For the H-1B reform, PERM and premium processing rules now listed as pending White House review, see our post on the immigration rules under OIRA review (reginfo.gov, rules under review).
- The current edition is the 2026 Regulatory Plan and Unified Agenda; its introduction ran in the Federal Register on August 14, 2026 (91 FR 52792).
- The H-1B reform rule (RIN 1615-AD00) and PERM modernization rule (RIN 1205-AC29) are unpublished and under OIRA review.
- The ICE Practical Training rule for F-1 students (RIN 1653-AA97) is projected as a proposed rule in February 2027.
- A naturalization rule on English and civics standards (RIN 1615-AD13) is projected as a proposed rule in December 2026.
- The proposed OPT fees, the H-1B petition fee and the end of the 60-day grace period were never listed in a Unified Agenda.
- Agenda dates are predictions: the agency names a month, not a day, and dates often slip.
What is the Unified Agenda, and how firm are its dates?
The Unified Agenda is the government's list of regulations under development. Its introduction says it "provides information about regulations that the Government is considering or reviewing" (Introduction to the 2026 Unified Agenda, 91 FR 52792). The Regulatory Flexibility Act requires agencies to publish semiannual regulatory agendas, and the 2026 edition's introduction was printed in the Federal Register on August 14, 2026 (91 FR 52792).
Each entry carries a Regulation Identifier Number (RIN) and a timetable. The timetable is a forecast, and the agenda says so:
"A date displayed in the form 12/00/24 means the agency is predicting the month and year the action will take place but not the day it will occur." Introduction to the 2026 Unified Agenda, 91 FR 52792 (August 14, 2026)
The 2026 track record shows that a forecast can hold or slip. DHS projected its final rule ending duration of status for July 2026 and published it on July 17, 2026 (reginfo.gov, RIN 1653-AA95; 91 FR 44976). It also projected the final rule ending automatic EAD extensions for July 2026, but that rule was published on October 14, 2026 (reginfo.gov, RIN 1615-AD05; 91 FR 65306).
Which skilled-immigrant rules are on the 2026 immigration regulatory agenda, and where do they stand?
The table below covers the agenda entries most relevant to H-1B, F-1, PERM and naturalization applicants. "At OIRA" means the draft has been submitted to the White House Office of Information and Regulatory Affairs and is listed as pending review (reginfo.gov, rules under review).
| Rule (RIN) | Agenda projection | Status on October 21, 2026 |
|---|---|---|
| H-1B program reform (1615-AD00) | Proposed rule, August 2026 | Unpublished; at OIRA since August 24, 2026 (OIRA list) |
| DOL prevailing wage levels (1205-AC30) | Proposed rule, published March 27, 2026 | Proposed only; comments closed May 26, 2026 (91 FR 15454) |
| PERM modernization (1205-AC29) | Proposed rule, July 2026 | Unpublished; at OIRA since September 14, 2026 (OIRA list) |
| Practical Training (1653-AA97) | Proposed rule, February 2027 | Unpublished; not on the OIRA list (OIRA list) |
| Fixed admission period for F, J and I (1653-AA95) | Final rule, July 2026 | Final rule published July 17, 2026; effective date postponed by a federal court on September 14, 2026 (order) |
| Naturalization fees (1615-AD08) | Proposed rule, published June 23, 2026 | Proposed only; comments closed August 24, 2026 (91 FR 37500) |
| Naturalization educational standards (1615-AD13) | Proposed rule, December 2026 | Unpublished; not on the OIRA list (OIRA list) |
| HR-1 baseline fee increase (1615-AD10) | Proposed rule, September 2026 | Unpublished; not on the OIRA list (OIRA list) |
| Removing H-4 spouses' EAD eligibility (1615-AD14) | Long-term action, date to be determined | Unpublished |
What does the agenda say is coming for H-1B workers?
Two agenda items aim at the H-1B program. The first is the DHS reform rule, which the agenda says would revise eligibility for cap exemptions, increase scrutiny of employers that have violated program requirements and add oversight of third-party placements, with changes to 8 CFR 214.2(h) (reginfo.gov, RIN 1615-AD00). It is still at OIRA, and our OIRA review post covers it in detail.
The second is a Department of Labor rule on prevailing wages, which DOL started in response to the September 19, 2025 proclamation, Restriction on Entry of Certain Nonimmigrant Workers (reginfo.gov, RIN 1205-AC30). The proposal, published March 27, 2026, covers both PERM and the Labor Condition Applications used for H-1B, H-1B1 and E-3 workers (91 FR 15454). It would move Level I from approximately the 17th to the 34th percentile of the OEWS wage distribution and Level IV from approximately the 67th to the 88th, with Levels II and III at approximately the 52nd and 70th (91 FR 15454). As of October 21, 2026, no final wage rule has been published and none is on OIRA's review list (Federal Register API, RIN 1205-AC30; OIRA list).
One H-1B change is already final: the weighted selection rule, published December 29, 2025 and effective February 27, 2026, is listed as a completed action (reginfo.gov, RIN 1615-AD01).
What is planned for OPT and F-1 students?
The agenda lists an ICE rule titled simply "Practical Training," amending 8 CFR 214, with a proposed rule projected for February 2027 (reginfo.gov, RIN 1653-AA97). The abstract gives only its aims:
"The proposed rule will amend existing regulations to address fraud and national security concerns, protect U.S. workers from being displaced by foreign nationals, and enhance the Student and Exchange Visitor Program’s capacity to oversee the program." Unified Agenda, RIN 1653-AA97, Practical Training
The abstract does not say whether the rule would change OPT length, STEM OPT eligibility or CPT, so any specific claim about its contents is speculation until text is published. Until then, the existing STEM OPT extension rules still apply.
This rule is separate from the OPT fee proposal. On October 8, 2026, DHS proposed fees of $70,000 for initial OPT and $30,000 for any subsequent OPT, with comments due November 9, 2026, under a different RIN, 1653-AB01 (91 FR 64566). We cover it in the proposed $70,000 OPT fee.
The other student rule on the agenda, ending duration of status, became final on July 17, 2026 with a September 15, 2026 effective date (91 FR 44976). On September 14, 2026, the U.S. District Court for the District of Massachusetts postponed that effective date nationwide under 5 U.S.C. 705 in Presidents' Alliance on Higher Education and Immigration v. DHS, No. 26-13799 (memorandum and order). The government filed a notice of appeal on September 30, 2026 (clerk's appeal certificate).
What is changing for PERM?
The Labor Department's PERM entry says the program's regulations "have not been comprehensively modified since 2004" (reginfo.gov, RIN 1205-AC29). The planned rule would raise minimum recruitment standards, strengthen safeguards for U.S. workers affected by layoffs, and tighten compliance on non-discriminatory recruitment and record retention (reginfo.gov, RIN 1205-AC29). OIRA received it on September 14, 2026 (OIRA list).
PERM applicants face two pending changes, not one, because the prevailing wage proposal would also amend 20 CFR 656.40 (reginfo.gov, RIN 1205-AC30). If you are weighing whether to rely on PERM at all, our EB-2 NIW vs PERM comparison explains the self-petition alternative.
What is coming for naturalization?
Three agenda items touch citizenship applications. The first is already proposed: on June 23, 2026, DHS proposed raising the Form N-400 fee from $760 to $1,330 on paper and from $710 to $1,280 online, and ending fee waivers and the reduced fee, with exemptions kept for military applicants (91 FR 37500). Comments closed August 24, 2026, and no final rule has been published (Federal Register API, RIN 1615-AD08).
The second, projected as a proposed rule for December 2026, would change how the English and civics requirements are tested (reginfo.gov, RIN 1615-AD13):
"DHS proposes to establish a framework and a standard for applicants to meet the educational requirements for naturalization." Unified Agenda, RIN 1615-AD13
The same entry says DHS would also allow third-party administration of the naturalization test (reginfo.gov, RIN 1615-AD13). The third item, projected for April 2027, would change how medical professionals certify Form N-648 disability exceptions (reginfo.gov, RIN 1615-AD07). For the current rules on moving from an employment green card to citizenship, see our naturalization timeline guide.
Which 2026 rules were never on the agenda?
Several of this year's most consequential proposals for skilled workers did not come from the agenda. For each of the following RINs, reginfo.gov states: "This rule has not been published in a Unified Agenda."
- H-1B petition fee (RIN 1615-AD20): proposed August 25, 2026, a $103,265 fee for H-1B cap-subject petitions (91 FR 54817; reginfo.gov).
- End of the 60-day grace period (RIN 1615-AD22): proposed September 11, 2026, comments due November 10, 2026 (91 FR 57807; reginfo.gov).
- End of deference on extensions (RIN 1615-AD26): proposed October 14, 2026, comments due November 13, 2026 (91 FR 65119; reginfo.gov).
- OPT fees (RIN 1653-AB01): proposed October 8, 2026 (91 FR 64566; reginfo.gov).
The agenda also tells EB-1 and NIW applicants something by omission. A DHS rule that would have clarified evidentiary requirements for EB-1, NIW and physician petitions, RIN 1615-AC85, is listed as a completed action, withdrawn on November 12, 2025 (reginfo.gov, RIN 1615-AC85):
"USCIS is withdrawing this rule from the Unified Agenda." Unified Agenda, RIN 1615-AC85, Petition for Immigrant Worker Reforms
When is the next regulatory agenda due?
The Regulatory Flexibility Act calls for semiannual agendas, but as of October 21, 2026, reginfo.gov still shows the 2026 Regulatory Plan and Unified Agenda as current (reginfo.gov, Current Unified Agenda; 91 FR 52792). When a new edition appears, compare each RIN's timetable with the one above. If a date moves later, or a rule moves to the long-term list, expect a longer wait.
What this means for you
Nothing on the agenda changes your case by itself. Proposed rules must still be published, opened for comment and finalized, and a final rule can still be postponed by a court, as the duration-of-status rule shows (memorandum and order). The practical risk is timing: an H-1B, PERM or OPT plan built for 2027 could meet different rules by then.
- Note the RINs that affect you: 1615-AD00 (H-1B), 1205-AC29 and 1205-AC30 (PERM and wages), 1653-AA97 and 1653-AB01 (OPT), 1615-AD13 and 1615-AD08 (naturalization).
- Check the OIRA review list and the Federal Register for those RINs rather than the agenda alone.
- Read any comment deadline in the published rule itself; DHS says comments sent outside the official docket will not be considered (91 FR 57807).
- Ask your attorney whether filing before a rule takes effect would help your case.
- Treat news reports about unpublished rule text as unconfirmed until it appears in the Federal Register.
Where to start
If the H-1B, PERM and OPT changes make an employer-dependent path less certain, routes such as the O-1, EB-1A and EB-2 NIW rely on your own record instead. Start with the free evaluation to see which criteria you already meet, and use Frank to find real opportunities for the ones you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 21, 2026.
- reginfo.gov, Current Unified Agenda (2026 edition). Names the current edition.
- Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions, 2026, 91 FR 52792 (August 14, 2026). What the agenda is, the semiannual requirement and how dates are shown.
- reginfo.gov, EO 12866 regulatory reviews in progress. OIRA status and received dates for RINs 1615-AD00 and 1205-AC29.
- Unified Agenda entry, RIN 1615-AD00, Reforming the H-1B Nonimmigrant Visa Classification Program. Abstract and August 2026 projection.
- Unified Agenda entry, RIN 1205-AC30, Improving Wage Protections. Origin in the September 19, 2025 proclamation and CFR sections.
- DOL, Improving Wage Protections proposed rule, 91 FR 15454 (March 27, 2026). Proposed wage percentiles and comment deadline.
- Federal Register API results, RIN 1205-AC30. No final wage rule published.
- Unified Agenda entry, RIN 1615-AD01, Weighted Selection. Final rule and effective date.
- Unified Agenda entry, RIN 1653-AA97, Practical Training. Abstract and February 2027 projection.
- DHS, Optional Practical Training Fees proposed rule, 91 FR 64566 (October 8, 2026). Fee amounts and comment deadline.
- Unified Agenda entry, RIN 1653-AA95, Fixed Time Period of Admission. July 2026 projection.
- DHS, Fixed Time Period of Admission final rule, 91 FR 44976 (July 17, 2026). Publication and September 15, 2026 effective date.
- Presidents' Alliance on Higher Education and Immigration v. DHS, No. 26-13799 (D. Mass.), Memorandum and Order (September 14, 2026). Nationwide postponement under 5 U.S.C. 705.
- Clerk's Certificate and Appeals Cover Sheet, No. 26-13799 (September 30, 2026). Government notice of appeal.
- Unified Agenda entry, RIN 1615-AD05, Removal of the Automatic Extension of EADs. July 2026 projection.
- DHS, Removal of Automatic Extensions for Certain EADs final rule, 91 FR 65306 (October 14, 2026). Publication and effective date.
- Unified Agenda entry, RIN 1205-AC29, PERM modernization. Abstract and July 2026 projection.
- Unified Agenda entry, RIN 1615-AD08, Naturalization Application Fee Adjustments. Agenda status.
- DHS, Naturalization Application Fee Adjustments proposed rule, 91 FR 37500 (June 23, 2026). Proposed fees, fee waiver changes and comment deadline.
- Federal Register API results, RIN 1615-AD08. No final fee rule published.
- Unified Agenda entry, RIN 1615-AD13, Enhanced Educational Standards. Abstract and December 2026 projection.
- Unified Agenda entry, RIN 1615-AD07, Form N-648 certification. April 2027 projection.
- Unified Agenda entry, RIN 1615-AD10, HR-1 Baseline Fee Increase. September 2026 projection.
- Unified Agenda entry, RIN 1615-AD14, Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization. Long-term action status.
- Unified Agenda entry, RIN 1615-AC85, Petition for Immigrant Worker Reforms. Withdrawal on November 12, 2025.
- DHS, Fee for Certain H-1B Petitions proposed rule, 91 FR 54817 (August 25, 2026) and reginfo.gov, RIN 1615-AD20. Fee amount; not in a Unified Agenda.
- DHS, Eliminating the Discretionary 60-Day Grace Period proposed rule, 91 FR 57807 (September 11, 2026) and reginfo.gov, RIN 1615-AD22. Comment deadline; not in a Unified Agenda.
- DHS, Removing Deference to Prior USCIS Determinations proposed rule, 91 FR 65119 (October 14, 2026) and reginfo.gov, RIN 1615-AD26. Comment deadline; not in a Unified Agenda.
- reginfo.gov, RIN 1653-AB01. OPT fee rule not in a Unified Agenda.
Frequently asked questions
What is the 2026 Unified Agenda?
The Unified Agenda is the federal government's published list of regulations that agencies are developing or reviewing, with a projected date for each rule's next step. The current edition is the 2026 Regulatory Plan and Unified Agenda, posted on reginfo.gov, with its introduction printed in the Federal Register on August 14, 2026. An agenda entry is a plan, not a rule. Nothing changes until a rule is published and takes effect.
Is there a new OPT rule in 2026?
Two separate OPT actions exist. ICE's Practical Training rule (RIN 1653-AA97) is on the 2026 agenda as a proposed rule projected for February 2027 and has not been published. Separately, DHS proposed new OPT fees of $70,000 for initial OPT and $30,000 for subsequent OPT on October 8, 2026, with comments due November 9, 2026. Neither has changed the current OPT or STEM OPT rules.
When will the H-1B reform rule be published?
No one outside the government can say. The 2026 agenda projected the H-1B reform proposal (RIN 1615-AD00) for August 2026, and the White House Office of Information and Regulatory Affairs received it for review on August 24, 2026. As of October 21, 2026, it has not appeared in the Federal Register. When it does, it will be a proposal with a comment period, not a final rule.
Is the naturalization test changing?
Not yet by regulation. The 2026 agenda lists a USCIS proposed rule (RIN 1615-AD13) to set a framework and standard for the English and civics requirements and to allow third-party administration of the test, projected for December 2026. It has not been published. A separate proposal published June 23, 2026 would raise the paper Form N-400 fee from $760 to $1,330 and end fee waivers and the reduced fee, keeping fee exemptions for military applicants.
Why do some new immigration rules not appear on the regulatory agenda?
The agenda is a snapshot of what agencies planned when it was compiled, so rules started later can be published without ever appearing in it. Reginfo.gov states that the H-1B petition fee, the 60-day grace period, the extension deference and the OPT fee rules have not been published in a Unified Agenda, yet all four were proposed between August and October 2026. Watching the Federal Register matters more than the agenda.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
