Important Business Immigration Updates: H-1B Updates, TPS Compliance, I-9 Compliance & Immigration

Appeals Court Keeps H-1B Fee Increase on Hold 

The U.S. Court of Appeals for the First Circuit has denied the federal government’s request to pause a lower court injunction blocking several H-1B measures, including the proposed $100,000 H-1B filing fee. As a result, employers may continue filing H-1B petitions under the current government fee structure while the litigation continues. The ruling also prevents enforcement of the challenged H-1B entry restrictions for now, providing temporary certainty for employers planning to sponsor foreign talent.

What Employers Should Know: 

Although this decision is a positive development for employers, it is not the final outcome. The administration may seek review by the U.S. Supreme Court, and the underlying lawsuit remains ongoing. Employers should continue preparing and filing H-1B petitions under the existing rules while monitoring future court decisions and USCIS guidance, as additional changes to the H-1B program could still occur.

USCIS Confirms FY2027 H-1B Cap Reached – No Second Lottery 

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough H-1B petitions to meet both the 65,000 regular H-1B cap and the 20,000 advanced degree exemption for fiscal year 2027. As a result, USCIS will not conduct a second H-1B lottery this year. This means employers with unselected registrations will not have another opportunity to secure an H-1B cap number during the FY2027 cycle.

Planning Ahead: 

Employers who were unable to secure H-1B selection should evaluate alternative work visa options, such as cap-exempt H-1B employment, L-1, O-1, TN, or E-3 classifications, where applicable. With H-1B demand continuing to exceed available visas, businesses should also begin planning now for the FY2028 registration period by identifying future hiring needs and developing immigration strategies early.

New Fixed-Stay F-1 Student Visa Rules Introduce New Employer Compliance Requirements 

Beginning September 15, 2026, most F-1 international students will be admitted to the United States for a fixed period of stay, generally four years, instead of the previous “duration of status” framework. Students who need additional time to complete their studies or maintain F-1 status—including those participating in Optional Practical Training (OPT)—must now file an extension with U.S. Citizenship and Immigration Services (USCIS). Missing these deadlines could result in a loss of work authorization and unexpected employment disruptions.

For employers that hire international students or recent graduates, the new rule introduces additional compliance responsibilities. Companies may need to implement systems to monitor F-1 admission expiration dates, coordinate timely extension filings, and verify continued work authorization to avoid interruptions in employment eligibility. Employers should also review their onboarding and immigration compliance processes to ensure HR teams are prepared for these changes. Proactively tracking these deadlines can help protect valuable talent while reducing the risk of compliance issues under the new fixed-admission framework.

DHS Finalizes New Fixed Admission Periods for F, J, and I Visa Holders 

The Department of Homeland Security (DHS) has finalized a rule replacing the long-standing “duration of status” policy for F and J visa holders with fixed admission periods of up to four years. Under the new rule, international students and exchange visitors who need additional time to complete their programs must apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay, rather than receiving extensions through their schools. The regulation also reduces the grace period for F and J visa holders to depart the United States from 60 days to 30 days and limits I visa admissions for foreign media representatives to 240 days. DHS states the changes are intended to strengthen oversight and reduce visa abuse, while critics argue the new requirements will increase administrative burdens, create uncertainty for students and universities, and add to existing USCIS processing backlogs. The rule will take effect on September 15, 2026.

Visa Bond Program Becomes Permanent for Certain B-1/B-2 Visa Applicants 

Effective August 3, 2026, the U.S. Department of State has made its Visa Bond Program for certain B-1/B-2 visa applicants permanent. Under the new rule, eligible applicants from designated countries may be required to post a bond ranging from $10,000 to $20,000 before a visa is issued. While travelers may once again receive the standard period of admission at the discretion of U.S. Customs and Border Protection, the permanent program introduces stricter provisions affecting change or extension of status requests, mandatory bond forfeiture for certain asylum filings, and continued restrictions for applicants from designated countries. Employers and businesses with international travelers should be aware that the list of affected countries can now be expanded with only 15 days’ notice. The Department of State has also indicated that, following September 15, 2026, implementation of fixed admission periods for F-1 students, the Visa Bond Program may soon be expanded to include certain student visa applicants.

State Department Launches Paid Expedited Visa Interview Pilot in Mexico 

The U.S. Department of State has launched its Paid Expedite Pilot Program at all U.S. consulates in Mexico, allowing eligible B-1/B-2 visa applicants to pay an additional $750 fee to secure a visa interview appointment within 10 business days, subject to availability. The program, which runs through December 31, 2026, is designed to reduce interview wait times but does not expedite visa adjudication, administrative processing, or visa issuance, nor does it increase the likelihood of approval. Employers with employees traveling for business should view the program as a tool to obtain earlier interview appointments while continuing to plan international travel well in advance, as post-interview processing delays may still affect travel timelines.

CBP Electronic Device Searches: What Employers and Business Travelers Need to Know 

U.S. Customs and Border Protection (CBP) has broad authority to inspect electronic devices – including phones, laptops, tablets, smart watches, and external storage devices – at U.S. ports of entry and departure. Under current CBP policy, officers may conduct a basic search of information stored directly on a device without individualized suspicion. More intrusive advanced searches, which involve external equipment to review or analyze device contents, require reasonable suspicion of a violation of law or a national security concern, along with supervisory approval. Travelers may also be asked to unlock their devices, and refusal could result in the device being detained for further examination.

Key Considerations for Employers: 

Companies with employees who travel internationally should ensure their workforce understands CBP’s authority before traveling. Employers should consider implementing policies that limit the amount of confidential business information stored locally on devices, educate employees on handling privileged or proprietary information during inspections, and prepare travelers for the possibility of device searches at both entry into and departure from the United States. Proactive planning can help reduce business disruption while protecting sensitive company information.

TPS Update: Employer I-9 Compliance Reminder 

Recent changes to Temporary Protected Status (TPS) continue to affect employers’ Form I-9 obligations. As of August 2026, TPS has officially terminated for Yemen (July 20, 2026) and Haiti and Syria (July 27, 2026). Employers should promptly identify employees who were working under TPS from these countries and complete Form I-9 Supplement B (or Section 3 of a prior version, if applicable) to reverify their employment authorization. Employees must present another valid document establishing continued work authorization if they remain eligible to work in the United States.

TPS remains in effect for several countries, including El Salvador, Lebanon, Sudan, and Ukraine, while Burma (Myanmar), Ethiopia, Somalia, and South Sudan remain subject to ongoing litigation or court orders that may affect employment authorization and reverification requirements. Because TPS designations and automatic EAD extensions continue to change, employers should verify the latest USCIS guidance before taking any employment action.

Employers should not request a specific document or assume an employee is no longer authorized to work simply because TPS has ended for their country. Careful review of Form I-9 records and timely reverification can help employers maintain compliance and avoid costly penalties.

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.

August 2026 Visa Bulletin 

A. Final Action Dates for Employment-Based Visa Applications 

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