US Immigration Updates: Visa Caps, Guantanamo, and New Rules

• USCIS depletes H-2B visas
• Rule changes for students
• Guantanamo back in focus

This week brought news for temporary workers, international students, and individuals in immigration custody in the United States.

USCIS depleted its H-2B visa cap, a new rule will affect students starting September 15, and a case rekindled controversy over Guantanamo.

The three key points of the week:

• 33,000 H-2B visas depleted
• New rule for F-1 students
• Immigrant transferred to Guantanamo

USCIS Closes H-2B Visa Cap: When Will More Visas Be Available?

USCIS announced on September 11 that it had reached the H-2B visa cap for the first half of fiscal year 2027.

The program has a regular annual limit of 66,000 workers, divided into two periods.

• First cap: 33,000 workers.
• Deadline: September 4, 2026.
• Second cap: another 33,000 workers.
• New period: jobs starting April 1, 2027.

USCIS will reject new petitions subject to the cap for jobs with a start date before April 1, received after September 4.

Why does it matter? Sectors such as hospitality, landscaping, construction, and maintenance use H-2B workers to meet temporary or seasonal needs.

But the announcement doesn’t mean H-2B visas will disappear.

Certain petitions and workers may be exempt from the regular cap.

There’s also another date employers should watch:

• Until November 8, the I-129 edition from 02/27/26 can also be used.
• As of November 9, USCIS will only accept the 09/09/26 edition.

From Minnesota to Guantanamo: the case raising questions

Adam Abdullah, a 31-year-old Somali immigrant, ended up in immigration custody at the Guantanamo Naval Base.

He arrived as an asylum seeker in 2023 and had a work permit and Social Security number.

According to MPR News:

• He was complying with periodic ICE checks.
• He was detained in December 2025.
• He had no criminal record.
• Records showed only two parking tickets.
• He was transferred through centers in Minnesota, Kentucky, and Louisiana.

Abdullah recounted that during the transfer, he was shackled at the wrists and ankles.

“First, we’re going to Cuba to refuel,” Abdullah recalled being told by authorities before the flight, according to MPR News.

But the trip didn’t continue to Somalia as expected. Abdullah ended up at Guantanamo’s Camp 6.

The federal government hadn’t publicly explained, in the coverage reviewed, why Abdullah was specifically chosen for this transfer.

Why does it matter? His situation raises questions about how far the government can go in transferring immigrants in custody outside the continental territory.

The ACLU, the Center for Constitutional Rights, and other organizations are taking legal action against these transfers.

F-1 Students Must Watch a New Date Starting September 15

Another important change takes effect on September 15 and affects foreign students and other immigration categories.

The Department of Homeland Security rule replaces the so-called «duration of status» (D/S) with specific admission periods for F, J, and I categories.

For many F-1 students, the change will be visible directly on the Form I-94.

• Before, it could show D/S.
• Now, there will be a specific date for those subject to the new system.
• Duration: generally not exceeding four years.
• Post-period: certain F-1 students will go from 60 to 30 days.

This means that studying or having work authorization will no longer be the only clock to watch; it will also matter how long they are authorized to stay.

Not all students currently under D/S will automatically change on September 15.

Certain students who are legally under that system may continue temporarily under the transition provisions established by DHS.

Be careful with travel: leaving the United States and being readmitted can place the student under the new regime with a specific date on their I-94.

OPT and STEM OPT won’t disappear, but some students may need an extension of stay when their authorized period doesn’t cover the entire training.

USCIS Also Changes Form I-765

New edition: 09/15/26.
Effective date: September 15.
Grace period: none.
The previous version will be rejected if submitted on or after September 15.

What Do These Three Immigration Changes Leave Us With?

This week shows that no single immigration change affects all people equally.

For H-2B workers, 33,000 spots are already depleted; for international students, the I-94 becomes more important; and the Abdullah case keeps the dispute over Guantanamo open.

The key will be to review dates, forms, authorized periods, and specific conditions before submitting an application, traveling, or starting a process.

WARNING: This information is educational and does not constitute legal advice. The application of immigration rules depends on each particular situation.

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SOURCE: MundoNow