03 Nov October 2026 US Immigration Updates: CDC and CBP Announce Ebola-Related Attestation Requirement for Air Passengers Arriving in United States
On October 22, 2026, the Centers for Disease Control and Prevention, and U.S. Customs and Border Protection’s Carrier Liaison Program, announced an attestation requirement for air passengers arriving in the United States related to the Ebola outbreak in Africa.
The CDC announced:
- After November 3, 2026, at 11:59 p.m. ET, all passengers boarding an international flight to the United States, regardless of location of embarkation, must attest (sign a statement) that they have not been present in the Democratic Republic of the Congo (DRC) during the 21 days before their flight leaves for the United States. If they have been in outbreak-affected provinces in the DRC, they may be subject to additional travel requirements from local authorities before they leave the DRC.
- Travel from South Sudan or Uganda: Non-U.S. citizens and non-U.S. nationals, including U.S. lawful permanent residents, who have been in South Sudan or Uganda within 21 days before departure will not be allowed to enter the United States. U.S. citizens and U.S. nationals who have been present in Uganda or South Sudan (and not present in the DRC) within 21 days before arrival in the United States will have their air travel routed through designated U.S. airports for public health entry screening.
According to CBP, authorized designated arrival airports include Washington Dulles International Airport (IAD), Dulles, Virginia; Hartsfield-Jackson Atlanta International Airport (ATL), Atlanta, Georgia; and John F. Kennedy International Airport (JFK), New York.
USCIS Proposes to Eliminate Deference to Prior Approvals Involving Same Facts When Adjudicating Extensions
On October 14, 2026, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would eliminate deference to a prior approval involving the same facts when adjudicating a request to extend a petition for employment or stay.
USCIS said that the burden of proving eligibility for all immigration benefits is on the petitioner, applicant, or beneficiary, and that the deletion of the regulation [8 CFR § 214.1(c)(5)] would “strengthen adjudicatory review” and “support agency priorities to improve the integrity of the immigration system and better protect the interests of U.S. workers.”
Comments may be submitted by November 13, 2026, at https://www.regulations.gov/.
USCIS Publishes Final Rule Ending Automatic EAD Extensions in Certain Work Authorization Categories
On October 14, 2026, U.S. Citizenship and Immigration Services (USCIS) published a final rule, effective the same day, that ends the practice of automatically extending the validity of Employment Authorization Documents (EADs) (Forms I–766) for those who have timely filed an application to renew their EADs in certain work authorization categories.
The final rule adopts the interim final rule’s provisions without changes. Among other things, the final rule:
- Revises the regulations to clearly indicate that the up-to-540-day automatic extension period only applies to renewal EAD applications filed before October 30, 2025.
- Adds a new provision explaining that, unless otherwise provided in the regulations, law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring EAD and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after October 30, 2025.
- Does not affect automatic extensions of EADs and/or work authorization otherwise provided by law or Federal Register notice, such as for certain TPS applicants.
DHS Proposes $70,000 Fee for Optional Practical Training
On October 7, 2026, the Department of Homeland Security (DHS) announced a proposed rule that would require U.S. universities to pay a $70,000 fee for each F-1 student’s initial Optional Practical Training (OPT) work authorization and $30,000 for subsequent OPT requests. The proposed fee would apply only to OPT recommendations made after the rule is effective, not retroactively to OPT already approved and in progress. The fee would not be tied to a specific employer. Instead, it would apply when schools recommend an F-1 nonimmigrant student for any type of OPT.
According to the proposed rule, U.S. Citizenship and Immigration Services (USCIS) will not approve OPT work authorization for a student unless the fee has been paid by the school. As proposed, the school’s Designated School Official (DSO) will not be able to recommend OPT authorization in the Student and Exchange Visitor Program system until the OPT fee is paid.
Comments may be submitted through November 9, 2026. Once the rule is finalized, DHS said it would wait 60 days before putting the rule into effect to allow schools, students, and employers to prepare. Legal challenges from higher education groups and business associations are likely. Some practitioners expect a successful court challenge if DHS finalizes this rule. In the meantime, students continue to be eligible to receive up to 12 months of OPT at each education level, and STEM degree holders may be eligible for an additional 24-month extension.
Preliminary Injunction Blocks $100,000 Fee Implementation for New H-1B Applications
On September 30, 2026, a federal judge in Global Nurse Force v. Trump temporarily blocked the Trump administration’s agency policies implementing a $100,000 fee for new H-1B petitions based on Presidential Proclamation No. 10973 and its extension, No. 11069. In partially granting a temporary injunction, the court said that the plaintiffs were likely to succeed on their claims that the policies violated the Administrative Procedure Act (APA). The court therefore enjoined the agencies from enforcing or implementing the policies “until notice-and-comment rulemaking under the APA and regulatory flexibility analyses under the [Regulatory Flexibility Act] have been conducted.”
The court noted that related litigation is proceeding on several fronts and that the issue may ultimately be decided by the Supreme Court. The decision is not directly related to the separate proposed imposition of a $103,265 fee for H-1B cap-subject petitions.
Passport Redesign, Online Process Announced
On September 29, 2026, Secretary of State Marco Rubio announced several upcoming changes to the U.S. passport and related processes, including:
- A transition to online applications in 2027 through the newly launched America.gov, including for first-time applications, with a tracker showing an estimated delivery date for the passport and the ability to get updates through Login.gov.
- A redesign of the passport for 2028, standardizing at 38 pages and including the ability to use a self-photo taken from a personal device (including the ability to retake the photo) or upload an existing photo rather than having to get a passport photo at a drugstore or elsewhere.
- In keeping with the theme of “Flight of the Eagle,” the addition of graphic features, such as an eagle in different positions appearing to fly when the pages are flipped through selected images from U.S. history.
This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.
Catherine Betancourt is a Partner at Flynn Hodkinson, a specialist US immigration law firm in London, where she advises individual and corporate clients on moving to and working in the United States.
Her primary focus is consular processing of immigrant and nonimmigrant visas at US Embassies and Consulates worldwide, with particular expertise in the employment-based and treaty-based routes, including the E-1 Treaty Trader and E-2 Treaty Investor visas, most relevant to UK and Irish businesses relocating people to the US.
1. Do travellers from the UK and Ireland need to complete the new U.S. Ebola attestation?
Yes. From 11:59 p.m. EST on 3 November 2026, people boarding international flights to the United States must generally sign an attestation confirming they have not been in the Democratic Republic of the Congo (DRC) during the preceding 21 days. The requirement applies regardless of nationality or departure country, including flights from the UK and Ireland. Limited CDC exemptions apply.
2. Can recent travel to the DRC, Uganda or South Sudan affect entry to the United States?
Yes. Under the CDC restrictions, recent presence in the DRC generally prevents travellers, including U.S. citizens, from boarding a U.S.-bound flight until they have spent at least 21 days outside the country. Non-U.S. citizens and non-U.S. nationals, including green card holders, face entry restrictions following recent presence in Uganda or South Sudan. U.S. citizens and nationals returning from those two countries, without recent DRC travel, must use designated airports for public health screening. Travellers should check the applicable restrictions before departure.
3. Has USCIS stopped giving deference to previously approved petitions?
The October 2026 announcement is a proposed rule, rather than an immediate change. USCIS proposes removing the regulation that generally requires deference to an earlier eligibility determination when reviewing a Form I-129 petition involving the same parties and underlying facts, subject to specified exceptions. If finalised, the proposal would remove that starting presumption of deference. Employers must still demonstrate eligibility for each petition. The public comment deadline is 13 November 2026.
4. Can I continue working while my EAD renewal application is pending?
Filing an Employment Authorization Document (EAD) renewal application does not necessarily extend permission to work. The final rule effective 14 October 2026 confirms that renewal applications filed on or after 30 October 2025 generally do not receive an automatic extension solely because they were filed on time. Qualifying applications filed before that cutoff may remain covered by the earlier provisions. Separate extensions provided by law or applicable Temporary Protected Status notices can still apply. Your eligibility depends on your employment authorisation category and circumstances.
5. Is the proposed $70,000 OPT fee already payable?
No. The October 2026 announcement proposes a $70,000 fee for initial Optional Practical Training (OPT) and $30,000 for subsequent OPT. Under the proposal, the payment obligation would fall on the SEVP-certified educational institution recommending the student for OPT. These proposed fees are not an existing payment requirement. Public comments are due by 9 November 2026.
6. Would the proposed OPT fees apply to work authorisation already approved?
The proposal would apply prospectively to OPT recommendations dated on or after the final rule’s effective date. It would not impose the new fee retroactively on OPT already approved and underway. However, a later OPT recommendation could fall within the new requirements if a final rule takes effect. DHS proposes a transition period of 60 days after publication of the final rule.
7. Has the $100,000 H-1B payment requirement been permanently abolished?
No. On 30 September 2026, the court in Global Nurse Force v. Trump vacated the agency policies implementing the payment requirement and prohibited their enforcement until the agencies complete the required rulemaking and analyses. The ruling provides preliminary relief rather than a final resolution of all litigation. Employers should check the latest court orders and filing guidance before submitting a petition. The ruling also does not eliminate ordinary H-1B filing fees.
8. When will first-time U.S. passport applications become available online?
The State Department announced plans to introduce online first-time passport applications through America.gov in 2027, with a goal of broad availability by the end of that year. A redesigned U.S. passport is planned for 2028. These are future changes; applicants should follow the application procedures available when they apply.
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