🍁 Happy Friday! Today's newsletter is a 583 words, a 2.5-min read covering just two topics this week.

🗓️ Immigration Insiders: If you haven’t already, register for our very special Immigration Insiders meeting on Nov 12 focusing on USCIS/DHS rulemaking and litigation.

We’ll be joined by Kara Lynum—former Acting General Counsel at DHS and Founder of KML Strategies.

We’re going to break down the review and implementation timelines, likelihood of finalization, and existing/potential litigation challenges for the most important proposed rules from the Trump admin, including:

→ The 'Weighted Selection' rule for the H-1B Lottery

→ The rule that will end 'Duration of Status' for F-1 visa holders

→ The new interim final rule ending automatic EAD extensions for pending renewals

→ The $100k H-1B fee proclamation

→ The Gold/Platinum Cards

→ and more!

Then we’ll do a live Q&A as usual—hope to see you there!

👉 Last thing: There’s always plenty to cover in this newsletter each week, but I want to hear from our growing newsletter community—what do you want me to cover in future weeks?

Thanks for being here—and email me your suggestions at [email protected].

1 big thing: H-1B processing stayed steady in October

Despite the government shutdown and suspension of FLAG operations (until Oct 31), Lawfully’s latest USCIS case processing data through Oct 2025 showed normal H-1B processing patterns.

By the numbers: we estimate that USCIS processed 25,000–30,000 H-1B petitions in Oct 2025, consistent with its usual monthly pace.

But: H-1B filings likely dropped 50–80% last month, meaning most adjudication activity came from regular-processed petitions that were already pending rather than new submissions.

What you’re seeing: Many firms reported faster movement on regular-processed cases—a sign USCIS officers had more capacity to clear the existing backlog, especially with a lower volume of H-1B filings submitted with premium processing in Oct.

Why it matters: As we covered last week, the reopening of FLAG operations last Friday will trigger a surge of H-1B filings starting this Friday—once the first batch of new certified LCAs comes through. We expect USCIS to receive nearly double its usual H-1B volume in Nov.

The other problem: The holidays are around the corner—which is great news, but not if you’re hoping for speedier H-1B processing.

Not only do the holidays mean fewer business days to process the incoming surge of petitions, but also more PTO for USCIS officers—leaving fewer adjudicators to work through the backlog.

What we’re watching: Processing disruptions and increased H-1B processing times through Nov and Dec. We’re tracking the data closely and will share updates here.

Want an inside look? Email me at [email protected] and we’ll get you access to Lawfully Intelligence to see our full USCIS case processing dataset in real-time.

2. F-1 OPT & STEM OPT EAD processing times increase

📈 New Data: In Oct, Lawfully tracked a continued increase in I-765 (EAD) processing times for F-1 OPT & STEM OPT applications that started in Apr 2025.

The average processing time for all EAD applications for F-1 OPT & STEM OPT—including initial and renewal applications—was 4.4 months in Oct 2025.

Why it matters: The proposed rule ending ‘duration of status’ for F-1 students is steaming ahead.

If finalized in early 2026, the rule would further strain USCIS’s limited—and quickly diminishing—adjudicator resources.

The rule would add an estimated 500,000+ new I-539 petitions to the agency’s annual workload.

- - -

📩 That’s it for this week! I want to hear your feedback and questions, so drop me a note anytime at [email protected].

See you next week!