I had immigration questions when I was starting my own company. Keeping up with the rules is part of the work.
Here are four developments worth separating. Three are proposals. The fourth finalizes a restriction already in force. They affect different people, so start with the one that applies to your status.
1. Prior approvals: DHS proposes removing deference
On October 14, DHS proposed removing the rule that generally requires USCIS to defer to an earlier eligibility determination when a Form I-129 petition involves the same parties and underlying facts. Exceptions already allow a fresh determination for material errors, changes or new material information.
This affects H-1B, O-1, L-1 and other worker classifications using the form.
The existing rule remains in place. This proposal does not invalidate existing approvals.
If finalized, it could make extensions less predictable. DHS acknowledges possible longer adjudications and additional preparation costs. Its analysis links the earlier withdrawal of deference to higher evidence-request rates, while acknowledging other changes may have contributed.
For a founder, an extension is also a company-planning question: how much time and money should we set aside for the next filing?
Comments close November 13, 2026, before midnight ET. Submit through Regulations.gov under docket USCIS-2026-0529.
Official deference proposal and comment instructions
2. Job loss: DHS proposes removing the 60-day grace period
On September 11, DHS proposed eliminating the discretionary grace period after employment ends for certain workers and their dependents, including H-1B, O-1 and L-1 holders.
The proposal has not removed the current protection. Today, that period is up to 60 consecutive days or the end of the authorized validity period, whichever is shorter, and remains subject to DHS discretion.
If finalized as proposed, the rule would remove that window to pursue another immigration option after employment ends, unless the person has another lawful basis to remain.
If you are considering leaving a job to build, bring the timing question to counsel before resigning. The grace period itself does not authorize work for your startup.
Comments close November 10, 2026, before midnight ET. Docket USCIS-2026-0364.
Official grace-period proposal
3. F-1 students: DHS proposes new OPT fees
On October 8, DHS proposed $70,000 for initial Optional Practical Training and $30,000 for subsequent OPT, including a STEM OPT extension.
These fees are proposed, not in force. The school would pay before its designated school official recommends OPT. DHS also contemplates schools passing costs to students or employers.
The transition language covers OPT already approved, or recommended by the school, before a final rule takes effect. A later OPT request could still trigger the fee. Check the recommendation and application dates with your school and attorney.
My concern for F-1 founders is access: what happens to the path from studying to building if a school cannot or will not pay?
Comments on the proposed rule close November 9, 2026, at 11:59 p.m. ET. Docket ICEB-2026-0100. December 7 is a separate information-collection deadline.
4. EAD renewals: restrictions already in force are finalized
The October 14 final rule adopts the earlier restrictions on automatic extensions of certain Employment Authorization Documents without additional regulatory changes.
The key renewal filing date remains October 30, 2025. For affected categories, applications filed on or after that date generally no longer automatically extend work authorization for up to 540 days. This matters to some H-4 spouses and employment-based adjustment applicants.
Eligible renewals properly and timely filed before that date retain the earlier protection. Separately authorized extensions under law or Federal Register notices are preserved.
This is separate from the grace-period proposal above. Permission to remain after employment ends and authorization to keep working while an EAD renewal is pending are different questions.
Publication alone does not change the restrictions already operating. If you rely on an EAD, check your category, expiration date and renewal receipt date with counsel.
Bring one specific question to counsel
“Given my status and filing timeline, which of these developments should we plan for, and does anything change what I need to do now?”
If you want background on founder H-1B petitions, my January 2025 conversation with Raghavan Nagarajan covers ownership, the job offer and extensions. Start at 6:02 for ownership, or 22:45 for approval periods. It reflects the rules discussed at the time; use the official sources above for these new developments.
H-1B, O-1 and F-1 founders can be building similar companies while facing very different rules. Your next step should come from your own filing timeline.
As of October 14, 2026. General information, not individual legal advice.