February Business Immigration

Texas Announces Investigation Into H-1B Visa Use by State Agencies and Public Universities

Texas Governor Greg Abbott has directed Texas state agencies and public universities to pause the filing of new H-1B visa petitions and participate in a statewide review of H-1B visa usage within taxpayer-funded entities.

According to the Governor’s announcement, the directive requires state agencies and public institutions of higher education to provide detailed information regarding their current and prior H-1B sponsorship, including the roles being filled and efforts to recruit qualified Texas workers. New H-1B filings may proceed only with written approval from the Texas Workforce Commission while the review is underway.

Monty & Ramirez LLP is closely monitoring how this directive is implemented and what it may mean for public institutions and employers navigating H-1B compliance, audits, and workforce planning.

DHS Finalizes Changes to the H-1B Cap Selection Process

The Department of Homeland Security has issued a final rule amending the H-1B cap selection process, replacing the completely random lottery with a weighted selection lottery system. Under the new rule, H-1B registrations will be weighted based on the wage level associated with the offered position, increasing the likelihood of selection for higher-paid roles while maintaining eligibility across all wage levels. The annual statutory cap remains 65,000 visas, with an additional 20,000 reserved for U.S. advanced degree holders. This rule is effective February 27, 2026, and will apply to the FY 2027 H-1B cap registration season beginning in March 2026.

What This Means for Employers 

• Wage levels now matter more than ever. Employers offering higher wages and more specialized roles will have a greater likelihood of H-1B selection under the new weighted system, reducing the effectiveness of low-wage filings.
• Strategic workforce planning is critical. Employers should reassess job classifications, wage structures, and long-term talent needs well ahead of the FY 2027 cap season to remain competitive.
• Increased scrutiny and compliance risk. DHS has made clear that abuse of the H-1B program remains a priority enforcement area, making accurate wage determinations and compliant job descriptions essential.
• Early legal guidance is key. Companies relying on foreign professional talent should work closely with immigration counsel to evaluate eligibility, optimize filings, and minimize risk under the new rules.

Our business immigration team is closely monitoring this development and advising employers on early planning considerations, including wage level analysis, job classification, and registration strategy, as advance preparation will be critical under the new selection framework.

FY 2027 H-1B Cap Registration Opens March 4

USCIS has announced that the FY 2027 H-1B cap initial registration period will open at noon Eastern on March 4 and run through March 19, 2026. Employers and representatives must submit registrations electronically through a USCIS online account and pay the $215 registration fee per beneficiary. Selection notifications are expected by March 31, and only employers with selected registrations will be eligible to file cap-subject H-1B petitions. This year also brings major policy changes, including a new weighted selection process favoring higher-skilled, higher-paid workers, and potential additional fees tied to recent Trump Administration reforms.

To help employers prepare for this cap season, we recently hosted a webinar, “Navigating the FY 2027 H-1B Lottery: Employer Impact of Trump-Related Policy Shifts.” You can watch the full presentation here:

Click Here to Watch Our Webinar.

DHS and DOL Release 65,000 Additional H-2B Visas for FY 2026

U.S. employers relying on seasonal labor received temporary relief with a new temporary final rule published January 31 in the Federal Register. The Departments of Homeland Security (DHS) and Labor (DOL) authorized nearly 65,000 supplemental H-2B visas for the remainder of fiscal year 2026, almost doubling the statutory cap of 66,000. The additional visas will be issued in three tranches aligned with varying seasonal workforce start dates. Employers must attest they will face “irreparable harm” without the workers and remain compliant with DOL wage and hour requirements. Of the supplemental total, 46,000 visas are reserved for returning workers who held H-2B status in one of the last three fiscal years, while the remaining visas are allocated to nationals of Guatemala, El Salvador, Honduras, and Haiti. Employers should note that petitions may be filed as early as February 15, and the supplemental quota has historically been exhausted quickly, making early preparation essential.

OFLC Publishes Assignment Groups for Early 2026 H-2B Applications

On January 5, 2026, the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) published the assignment groups for 10,062 H-2B applications covering 162,603 worker positions with a start date of April 1, 2026. Following established randomization procedures, OFLC completed the process on January 4, 2026, and assigned applications in Assignment Group A to the National Processing Center for review, reaching the semi-annual H-2B visa cap of 33,000 positions. Employers and their authorized representatives have been notified of their application’s assignment group.

USCIS Premium Processing Fees Increase Effective March 1, 2026

USCIS has announced that premium processing filing fees will increase effective March 1, 2026, following a DHS final rule adjusting costs for inflation. Any Form I-907 request postmarked on or after March 1 must include the new premium processing fee amount for the underlying benefit request. Employers and applicants should plan ahead for spring filings and factor these higher costs into budgeting and case strategy.

Premium Processing Fee Increases (Effective March 1, 2026):

• Form I-129 (H-2B or R-1): $1,685 → $1,780 (+$95)
• Form I-129 (all other classifications, including H-1B/L-1/O-1/TN/E, etc.): $2,805 → $2,965 (+$160)
• Form I-140 (employment-based immigrant petitions): $2,805 → $2,965 (+$160)
• Form I-539 (F/J/M change or extension): $1,965 → $2,075 (+$110)
• Form I-765 (OPT and STEM OPT): $1,685 → $1,780 (+$95)

Federal Court Pauses Termination of Haiti TPS

A federal judge in Washington, D.C. has temporarily blocked the scheduled termination of Temporary Protected Status (TPS) for Haiti, which had been set to end on February 3, 2026. The court ruled that the administration’s decision to end Haiti’s TPS designation is likely unlawful and ordered the protections to remain in place while the case proceeds through judicial review. Haitian TPS holders may continue to benefit from deportation relief and work authorization for now, though the length of any automatic extension remains uncertain. We are closely monitoring developments, including potential appeals and further guidance from DHS.

New Immigrant Visa Issuance Suspensions

Effective January 21, 2026, the State Department indefinitely paused the issuance of immigrant visas for applicants from 75 countries on the stated basis of foreign nationals potentially being a “high risk” of becoming a Public Charge. This announcement only impacts the issuance of immigrant visas – which grant permanent residency – by US consulates, and does not impact non-immigrant visas including employment-based visas such as the H-1B or L-1 visa, tourist visas, and student visas. Dual nationals from countries not on the list below are exempt from the immigrant visa suspension.

The following 75 countries are subject to the suspension of immigrant visa processing:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Immigrant visa applications can still be submitted and the Department of State is still scheduling interviews. However, determinations on applications will not be made until the suspension is lifted.

Other Visa Issuance Suspensions Under Presidential Proclamation 10998

As of January 1, 2026, the Department of State fully suspended visa issuance to nationals of 19 countries – Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen – and to individuals traveling on any travel documents issued or endorsed by the Palestinian Authority, for all nonimmigrant and immigrant visa categories with limited exceptions for:

• Certain diplomatic and official visas
• Immigrant visas for ethnic and religious minorities facing persecution in Iran
• Dual nationals applying with a passport of a nationality not subject to a suspension
• Special Immigrant Visas (SIVs) for U.S. government employees
• Participants in certain major sporting events
• Lawful Permanent Residents (LPRs)

Also effective January 1, 2026, at 12:01 a.m. EST, in line with Presidential Proclamation 10998 on “Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States,” the Department of State partially suspended visa issuance to nationals of 19 countries – Angola, Antigua and Barbuda, Benin, Burundi, Cote D’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe – for nonimmigrant B-1/B-2 visitor visas and F, M, J student and exchange visitor visas, and all immigrant visas with limited exceptions for:

• Immigrant visas for ethnic and religious minorities facing persecution in Iran
• Dual nationals applying with a passport of a nationality not subject to a suspension
• Special Immigrant Visas (SIVs) for U.S. government employees
• Participants in certain major sporting events
• Lawful Permanent Residents (LPRs)

As of January 1, 2026, the Department of State partially suspended visa issuance to nationals of Turkmenistan for all immigrant visas with limited exceptions for:

• Immigrant visas for ethnic and religious minorities facing persecution in Iran
• Dual nationals applying with a passport nationality not subject to a suspension
• Special Immigrant Visas (SIVs) for U.S. government employees
• Participants in certain major sporting events
• Lawful Permanent Residents (LPRs)

February 2026 Visa Bulletin

A. Dates for Filing for Employment-Based Visa Applications

For February 2026, USCIS announced it will use the Dates for Filing chart published by the Department of State.

We are here to help.

We have a team of attorneys ready to help you with your inquiries.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com