January 2026 Business Immigration Updates

Federal Appeals Court Expedited Review of $100,000 H-1B Fee Challenge – What Employers Need to Know

A U.S. Court of Appeals has agreed to fast-track the appeal brought by the U.S. Chamber of Commerce and allied business and research groups challenging the recently imposed $100,000 fee on new H-1B visa petitions. The expedited schedule, with oral arguments set for February, reflects the time-sensitive nature of the dispute — as employers preparing for the March H-1B cap filing season need clarity on costs and compliance before entering the annual lottery.

Employers contend the surcharge far exceeds what Congress authorized and could materially affect hiring and workforce planning, particularly for small and medium-sized businesses that rely on skilled foreign talent. Employers should continue to monitor developments closely, assess budgetary impacts for the FY 2027 H-1B cycle, and consult immigration counsel regarding strategies and contingency planning amid evolving legal outcomes. For more H-1B information join our upcoming webinar.

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.
• Higher overall cost of sponsorship. In addition to increased wage pressure, employers must account for recent policy changes that significantly raise the financial investment required to sponsor H-1B workers.
• 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. For more H-1B information join our upcoming webinar.

USCIS Premium Processing Fees to Increase Effective March 1, 2026

The Department of Homeland Security (DHS) has issued a final rule increasing USCIS premium processing fees to account for inflation from June 2023 through June 2025, as authorized by the USCIS Stabilization Act. The new fees will apply to Form I-907 premium processing requests postmarked on or after March 1, 2026, and impact several employment- and student-related filings, including Forms I-129, I-140, I-539, and I-765. USCIS has stated that the additional revenue will support faster adjudications, reduce processing backlogs, and fund broader adjudication and naturalization services. Employers and applicants considering premium processing should plan accordingly and ensure the correct fee is submitted.

USCIS Shortens Validity Periods for Certain Employment Authorization Documents

U.S. Citizenship and Immigration Services (USCIS) has significantly reduced the validity period for certain newly issued Employment Authorization Documents (EADs). Effective December 5, 2025, USCIS decreased the maximum EAD validity from 5 years to 18 months for both initial and renewal applications in several humanitarian and adjustment-related categories, including refugees, asylees, applicants for asylum or adjustment of status, and individuals granted withholding of removal or cancellation of removal. This change applies only to applications pending or filed on or after December 5, 2025, and does not affect EADs already issued with a 5-year validity period.

In addition, pursuant to H.R. 1 (Pub. L. 119-21) and a Federal Register notice, USCIS has shortened validity periods for parole- and Temporary Protected Status (TPS)-based EADs. For applications pending or filed on or after July 22, 2025, parole and TPS EADs are now valid for the shorter of one year or the end of the authorized parole period or TPS designation. Employers and agencies may verify current EAD validity dates through the SAVE system, which provides real-time immigration status and employment authorization verification.

USCIS Update on Photograph Reuse for Employment-Based and Business Immigration Filings

USCIS has implemented a new policy affecting how previously collected photographs may be reused for immigration benefit requests. Effective immediately for filings submitted on or after the publication date of December 12, 2025, USCIS will only reuse a photograph if it was taken within the last 36 months (3 years) at a biometric services appointment.

USCIS has also confirmed that self-submitted photographs will not be used or reused and that the agency retains discretion to require new biometrics when necessary. Employers and foreign national employees should be prepared for potential additional biometrics appointments as part of the filing process. Our business immigration team continues to monitor these developments and advise on compliance, timing, and workforce planning.

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 Expands Hold on Immigration Applications for Nationals of High-Risk Countries

On December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) temporarily halted processing of immigration benefits — including green cards, naturalization, asylum, and other applications — for nationals of 19 countries previously identified under the 2025 travel ban. Interviews and oath ceremonies for affected individuals were also suspended.

On January 1, 2026, USCIS issued Policy Memorandum PM-602-0194, expanding the hold to additional countries listed in Presidential Proclamation 10998. The memorandum also directs a re-review of all approved benefit requests for individuals from these countries who entered the U.S. on or after January 20, 2021. The agency emphasizes national security and public safety, prioritizing thorough vetting, identity verification, and background checks.

Employers sponsoring employees from affected countries should anticipate delays in work authorization, H1B portability, and other employment-based immigration processes. USCIS emphasizes thorough vetting, identity verification, and national security checks. Monty & Ramirez LLP will continue monitoring this development and its impact on business immigration compliance.

DHS Terminates Family Reunification Parole Programs and Returns Humanitarian Parole to Case-by-Case Basis

The Department of Homeland Security has announced the termination of all categorical Family Reunification Parole (FRP) programs for aliens from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, including their immediate family members. The decision ends the use of humanitarian parole in a broad, programmatic way, returning parole to its original case-by-case framework as intended by Congress. Parole granted under the FRP programs will expire on January 14, 2026, unless the individual has a pending Form I-485 filed on or before December 15, 2025, which will allow parole to remain valid until adjudication. Employment authorization based on FRP parole will also be revoked upon termination. DHS has emphasized that individuals without a lawful basis to remain must depart the United States before their parole termination date, and qualifying individuals may access exit assistance and incentives through the CBP Home app. Our immigration team is monitoring this development and can assist employers in understanding the impact of the FRP program terminations.

January 2026 Visa Bulletin

A. Dates for Filing for Employment-Based Visa Applications

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

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.

Join Our Team for Two Upcoming Webinars!

Stay ahead of the latest immigration developments and employer compliance updates by joining our experts for two informative webinars. See the details for each session below and reserve your spot today!

ICE Enforcement Is Escalating in 2026…Is Your Business Prepared?

Join Danny Ramirez on January 16th at 12:00PM (CST) for our Upcoming Webinar: From Audits to Arrests: How ICE Enforcement Is Escalating in 2026

Key Takeaways:

• What ICE enforcement actions are employers likely to face in 2026
• What triggers scrutiny of employer records and workforces
• How SSA mismatches and IRS anomalies factor into investigations
• How HR teams should prepare for heightened enforcement
• Practical steps to take to reduce I-9 and enforcement exposure

Don’t miss this opportunity to ensure your business is prepared for ICE’s heightened 2026 activity.

Date: Friday, January 16th

Time: 12:00PM (CST)

Location: Virtual – Register Now