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

U.S. Declines to Extend USMCA: What It Means for North American Businesses

On July 1, 2026, the United States declined to extend the United States-Mexico-Canada Agreement (USMCA) for an additional 16-year term during the agreement’s mandatory six-year review. While this decision does not terminate the trade agreement, it begins a period of annual reviews through 2036 unless all three countries agree to an extension. USMCA remains fully in effect, and existing provisions – including preferential tariffs, rules of origin, customs procedures, and cross-border trade protections – continue to apply. However, the decision introduces additional uncertainty for employers and businesses with operations, supply chains, manufacturing, or investments across the United States, Mexico, and Canada as negotiations over potential changes continue. Companies engaged in cross-border commerce should closely monitor future developments, as revisions to the agreement could affect trade compliance, sourcing strategies, tariffs, and workforce planning in the years ahead.

Supreme Court Allows Termination of TPS for Haiti and Syria

The U.S. Supreme Court ruled 6-3 that the Trump administration has the authority to terminate Temporary Protected Status (TPS) for Haitian and Syrian nationals, concluding that the decision is generally not subject to judicial review. Following the ruling, U.S. Citizenship and Immigration Services (USCIS) has continued updating guidance on TPS-related Employment Authorization Documents (EADs). Most recently, USCIS removed the previously announced July 10, 2026 expiration date and established a new expiration date of July 24, 2026, for TPS-related EADs issued to Haitian nationals. TPS-related EADs for nationals of Burma, Somalia, Yemen, Syria, Ethiopia, and South Sudan have been extended through July 17, 2026. These short-term extensions are intended to provide additional time for the government to complete the TPS wind-down process and issue further implementation guidance. Employers should review the latest USCIS Form I-9 and E-Verify guidance to ensure continued compliance, and TPS beneficiaries should consult with an experienced immigration attorney to evaluate any alternative immigration options before their protections expire.

Supreme Court Upholds Birthright Citizenship Under the 14th Amendment

The U.S. Supreme Court has ruled that children born in the United States are U.S. citizens under the 14th Amendment, rejecting President Donald Trump’s executive order that sought to deny citizenship to children born to parents who are unlawfully present in the country or in the United States on temporary visas. The Court reaffirmed the longstanding interpretation of the Citizenship Clause, which has recognized birthright citizenship for nearly 160 years, with only limited exceptions. Because lower federal courts had previously blocked the executive order, the policy never took effect. As a result of the Court’s decision, birthright citizenship remains unchanged, and individuals born in the United States continue to acquire U.S. citizenship at birth under existing law.

DHS Clarifies H-2A Eligibility for Dairy Farms

For years, dairy producers have sought greater access to the H-2A temporary agricultural worker program. In a significant policy development, U.S. Citizenship and Immigration Services (USCIS) has issued new guidance confirming that certain dairy-related positions may qualify for H-2A visas when an employer can demonstrate a temporary or seasonal labor need. While dairy operations have historically faced challenges meeting the program’s temporary employment requirements due to the year-round nature of dairy farming, the new guidance acknowledges that dairy farms may experience legitimate temporary labor demands on a case-by-case basis. Employers must still demonstrate that the need is temporary and cannot use successive petitions to fill permanent positions without showing a distinct and separate labor need. The clarification provides dairy producers with greater flexibility in addressing workforce shortages while remaining compliant with existing H-2A program requirements.

State Department Launches Pilot Program for Expedited B-1/B-2 Visa Appointments

Beginning July 1, 2026, the U.S. Department of State will launch a pilot program allowing certain U.S. consular posts to offer expedited B-1/B-2 visa appointments for an additional $750 fee. The program applies to B-1 (Business Visitor) and B-2 (Tourist Visitor) visas, which are commonly used for short-term travel to the United States. Applicants who pay the $750 fee may secure a visa interview within 10 business days, helping address lengthy appointment backlogs at some consulates. Importantly, the fee only accelerates access to an interview and does not expedite visa adjudication, administrative processing, or increase the likelihood of approval. The program will run through December 31, 2026, with participation limited to select consular posts and a capped number of expedited appointments. Employers and business travelers facing extended wait times should monitor participating locations as details become available.

Supreme Court Decision May Increase Risks for Green Card Holders Returning to the U.S.

In a recent 6–3 decision, the U.S. Supreme Court ruled that federal border officials may treat a returning green card holder as an applicant for admission based on an indictment or other accusation, without first proving by clear and convincing evidence that the person committed a crime involving moral turpitude. The case involved a lawful permanent resident whose green card status was suspended upon reentry after he had been indicted on criminal charges, even though the underlying conduct had not yet been proven. This decision may increase travel risks for green card holders with prior arrests, pending charges, or certain criminal allegations, making it especially important to consult with immigration counsel before traveling abroad.

USCIS Signals Major Interpretation Shift on Adjustment of Status Applications

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum emphasizing that foreign nationals seeking lawful permanent residence (“Green Cards”) should generally pursue immigrant visa processing through U.S. consulates abroad rather than through Adjustment of Status (AOS) applications filed within the United States.

Under this policy, USCIS instructs officers to treat Adjustment of Status as an “extraordinary form of relief”, requiring a case-by-case discretionary analysis to determine whether approval is warranted.

Importantly, the memo does not change the statutory framework under INA § 245, and eligibility requirements remain the same. However, it represents a significant shift in how USCIS exercises discretion, signaling that even applicants who meet all statutory criteria may be denied if they do not merit a favorable discretionary determination.

USCIS has indicated that this policy is intended to align adjudications with what it describes as the “original intent” of the law, redirect processing toward the Department of State, and reduce overstays.

Key Implications for Employers and Individuals

Greater scrutiny of Adjustment of Status applications, including otherwise approvable filings
Potential processing delays, travel disruptions, and risk exposure for applicants required to process abroad
Increased importance of strategic immigration planning and case assessment

At this time, critical questions remain unanswered, including how USCIS will define “extraordinary circumstances” and how the policy will be applied to pending cases.

What This Means Going Forward

Moving forward, each Adjustment of Status case should be prepared with a full totality-of-the-circumstances analysis, supported by robust evidence demonstrating that the applicant merits a favorable exercise of discretion.

At the same time, cases should be structured to mitigate risk and allow for efficient pivoting in the event of a denial, including preparedness for consular processing where appropriate.

Monty & Ramirez LLP has long incorporated discretionary analysis into case strategy. Under this policy, the firm will further expand this approach through a structured “Adjustment of Status Discretionary Request,” which will:

• Identify and address any potential adverse factors
• Proactively document positive equities
• Present a cohesive narrative supporting favorable discretion

Business Immigration Considerations

Monty & Ramirez LLP has consistently advised business immigration clients to maintain valid nonimmigrant status throughout the Adjustment of Status process. This remains critical under the new policy.

Maintaining underlying status ensures:

• Continued work authorization and stability
• A reliable fallback option if the I‑485 is denied
• Reduced disruption to employers and workforce planning

Clients will continue to be strongly encouraged to follow this practice.

The immigration attorneys at Monty & Ramirez LLP are closely monitoring this development and will continue to provide updates as additional guidance becomes available. Questions? Call our office to speak to a team member – 281-493-5529

USCIS Auto-Extends Work Authorization for Certain El Salvador TPS Beneficiaries

U.S. Citizenship and Immigration Services (USCIS) has automatically extended employment authorization through July 22, 2026, for certain El Salvador Temporary Protected Status (TPS) beneficiaries who remain eligible for TPS. The extension applies specifically to TPS-related Employment Authorization Documents (EADs) with a printed expiration date of March 9, 2025, helping affected individuals avoid interruptions in work authorization while their status remains valid. El Salvador’s current TPS designation is scheduled to remain in effect through September 9, 2026. Employers and TPS beneficiaries should review their documentation carefully to confirm eligibility for the automatic extension and ensure compliance with Form I-9 requirements.

Employers with employees currently working under Temporary Protected Status (TPS) for El Salvador should watch for important announcements this week. Monty & Ramirez LLP is closely monitoring all developments and will provide timely updates as soon as official guidance is released to help employers understand any impact on employment authorization, Form I-9 compliance, and workforce planning.

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.

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.

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.

July 2026 Visa Bulletin

A. Final Action Dates for Employment-Based Visa Applications

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