USCIS Update: Relief for Medical Professionals Amid Heightened Screening Measures

U.S. Citizenship and Immigration Services (USCIS) has issued an important update regarding its enhanced screening and vetting procedures affecting individuals from certain countries. As part of an internal review process, USCIS is now lifting holds on a range of applications, including those associated with medical physicians. This development signals a measured shift toward prioritizing critical workforce needs while maintaining heightened security protocols. Employers and healthcare institutions should take note, as eligible medical professionals may now see movement on previously delayed cases, creating opportunities to address ongoing staffing shortages in the healthcare sector. For more information visit: Update on USCIS’ Strengthened Screening and Vetting | USCIS 

Temporary Protected Status (TPS) Litigation Continues Across Multiple Countries

TPS remains one of the most rapidly changing areas of immigration law in 2026. Ongoing federal court litigation continues to impact TPS designations for countries including Venezuela, Haiti, Syria, Burma, and others. Several planned terminations have been temporarily paused by federal courts while appeals continue, leaving many TPS beneficiaries in a period of uncertainty regarding employment authorization and protection from removal. Employers with TPS employees should continue monitoring DHS and USCIS announcements carefully, as litigation outcomes and agency decisions may change quickly.

May 2026 Visa Bulletin Slows Employment-Based Green Card Movement

The U.S. Department of State’s May 2026 Visa Bulletin shows slower movement across several employment-based green card categories after advances earlier this year. USCIS also announced that applicants must use the more restrictive “Final Action Dates” chart for adjustment of status filings this month instead of the “Dates for Filing” chart. This change may impact when employment-based applicants can submit Form I-485 applications and obtain related benefits such as work authorization and travel permits. Employers and foreign national employees should closely monitor priority dates and prepare for possible retrogression throughout the remainder of fiscal year 2026.

FY 2027 H-1B Cap Season Concludes With Continued Focus on Compliance

USCIS completed the initial selection process for the FY 2027 H-1B cap season earlier this year and continues to process selected registrations and petitions. Employers filing H-1B petitions should continue monitoring filing deadlines, Requests for Evidence (RFEs), and prevailing wage compliance obligations. USCIS has also maintained increased scrutiny on specialty occupation requirements, third-party placements, remote work arrangements, and wage level documentation. Employers utilizing H-1B workers should ensure that Labor Condition Applications (LCAs), public access files, and worksite posting requirements remain compliant throughout the duration of employment.

H-1B Employers Should Prepare for Site Visits and Worksite Enforcement

Federal agencies continue increasing compliance activity involving H-1B employers in 2026, including FDNS site visits, I-9 audits, and requests for payroll and worksite documentation. Employers should confirm that H-1B employees are working in the approved positions, locations, and wage structures listed in the petition filings. Material job changes, remote work arrangements, salary adjustments, or location changes may require amended filings with USCIS. Proactive internal reviews can help employers identify issues before a government inspection or audit occurs.

Texas Expands H-1B Fraud Investigations Into North Texas Businesses

Texas Attorney General Ken Paxton announced an expanded investigation into nearly 30 North Texas businesses over alleged abuse of the H-1B visa program. According to the Attorney General’s Office, Civil Investigative Demands (“CIDs”) have been issued seeking records related to company operations, employees, financials, and H-1B sponsorship activity as part of a broader review of suspected “ghost office” and fraudulent business practices tied to visa sponsorships. Employers that utilize H-1B workers should ensure their petitions, worksite locations, job descriptions, payroll records, and supporting documentation are accurate and compliant with federal immigration and labor requirements. Increased scrutiny from both state and federal authorities highlights the importance of proactive compliance reviews and internal audits for businesses employing foreign national workers.

H-2B Supplemental Visa Allocations Continue for Seasonal Employers

The Department of Homeland Security and Department of Labor continue implementing supplemental H-2B visa allocations for FY 2026 to help employers facing seasonal labor shortages. Industries including hospitality, landscaping, construction, seafood processing, and tourism continue relying heavily on the H-2B program to fill temporary workforce needs. Employers utilizing H-2B workers should closely monitor filing windows, recruitment requirements, prevailing wage obligations, and temporary need documentation because demand for available visa numbers remains high.

H-2B Compliance Remains a Priority for Federal Agencies

Employers participating in the H-2B program continue facing increased scrutiny regarding recruitment practices, housing obligations, wage compliance, and temporary need classifications. The Department of Labor and DHS have emphasized enforcement efforts targeting wage violations, improper deductions, and misuse of temporary worker classifications. Employers should maintain organized records related to recruitment, payroll, transportation reimbursements, and employee communications to reduce risk during agency reviews or investigations.

Increased Worksite Enforcement and I-9 Compliance Activity

Federal immigration enforcement activity continues to increase in 2026, with a growing focus on workplace investigations, I-9 audits, and targeted enforcement actions against employers in industries with large workforces. Employers should be prepared for Notices of Inspection (NOIs), site visits, and possible coordination between ICE, DHS, and other federal agencies. Common triggers for investigations may include Social Security no-match issues, inconsistent payroll records, subcontractor compliance concerns, and prior audit history. Employers are encouraged to conduct proactive internal I-9 reviews, update onboarding procedures, train HR personnel, and develop response protocols to minimize operational disruption and legal exposure. To get a customized immigration compliance plan call the Monty & Ramirez team at 281-493-5529.

Update on Yemen Temporary Protected Status (TPS)

The termination of Yemen’s Temporary Protected Status (TPS) remains temporarily blocked due to ongoing federal court litigation. Although the Department of Homeland Security previously announced that Yemen TPS would terminate on May 4, 2026, a federal court order issued on May 1, 2026 has stayed the termination while the case proceeds. As a result, certain Yemen TPS Employment Authorization Documents (EADs) remain automatically extended, and USCIS has instructed employers to use July 1, 2026, for Form I-9 and E-Verify purposes. Yemeni TPS beneficiaries and employers should continue monitoring USCIS updates and official government communications closely, as additional court or agency actions may impact work authorization and TPS benefits.

May 2026 Visa Bulletin

A. Final Action Dates for Employment-Based Visa Applications

For, May 2026, USCIS announced it will use the Final Action Dates chart published by the Department of State.