March Business Immigration Updates

H-2B Cap Reached for First Returning Worker Allocation – FY 2026

On February 13, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it received enough petitions to meet the supplemental cap for the first allocation of 18,490 returning worker H-2B visas for Fiscal Year 2026. These visas were designated for employment start dates between January 1 and March 31, 2026, under the FY 2026 temporary final rule. February 6, 2026, marked the final receipt date for petitions under this allocation. Because USCIS received more petitions than available visas, the agency conducted a computer-generated random selection process on February 13 for petitions filed during the first five business days (February 2–6, 2026) to ensure fair distribution. Premium processing began following completion of the lottery. Employers who were not selected should consult with counsel promptly to evaluate alternative workforce planning strategies and upcoming filing opportunities.

TPS Termination for Yemen: Employer Compliance Considerations

The Department of Homeland Security has announced the termination of Temporary Protected Status (TPS) for Yemen, effective May 4, 2026, following a determination by Secretary Kristi Noem that the country no longer meets the statutory requirements for designation. For employers, this development carries important Form I-9 compliance implications. Work authorization documents issued under Yemen’s TPS designation will no longer be valid after the termination date. Employers should proactively review their workforce to identify any employees relying on Yemen TPS-based employment authorization, track expiration dates, and ensure timely reverification where required. As always, reverification must be conducted in a nondiscriminatory manner and in compliance with federal law. Our team is available to assist with internal audits and guidance to mitigate risk.

Reminder for H-1B Employers: New Weighted Cap Selection System Now in Effect

The Department of Homeland Security has finalized significant changes to the H-1B cap selection process. Beginning with the FY 2027 cap registration season (open now – March 2026), USCIS will implement a weighted lottery system based on the wage level associated with the offered position.

While the statutory cap remains 65,000 visas, plus 20,000 reserved for U.S. advanced degree holders, registrations tied to higher wage levels will now receive increased selection probability. The rule became effective February 27, 2026, marking a fundamental shift away from the purely random lottery system employers have relied upon for years.

What This Means for Employers

Wage Strategy Is Now Central to H-1B Planning

• Higher wage levels and specialized roles will carry a competitive advantage under the weighted selection framework. Employers should carefully review prevailing wage determinations and compensation structures before registration.

Proactive Workforce Planning Is Essential

• Organizations should reassess job classifications, long-term hiring needs, and internal wage strategies well in advance of the FY 2027 cap cycle. Early planning will be critical to remain competitive under the new system.

Heightened Compliance and Enforcement Risk

• DHS has emphasized that program integrity remains a priority. Accurate wage determinations, properly structured job descriptions, and consistent documentation are more important than ever.

Early Legal Guidance Is Key

• Companies that depend on foreign professional talent should engage immigration counsel now to evaluate eligibility, conduct wage level analysis, and develop a strategic registration approach.

Our Business Immigration Team is actively advising employers on compliance safeguards, wage-level positioning, and cap registration strategy to help mitigate risk and maximize selection potential under this new framework. Please contact our team with any questions.

FY 2027 H-1B Cap Registration is Open Until March 19, 2026

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:

USCIS Premium Processing Fees Increase Now in Effect

USCIS announced that premium processing filing fees increased 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 Now):

• 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)

Immigration Compliance Reminders in a Rapidly Changing Enforcement Landscape

What Employers Need to Know

Immigration policy and enforcement priorities are evolving at an unprecedented pace. Increased worksite enforcement, heightened scrutiny of employment eligibility practices, and shifting regulatory interpretations mean that immigration compliance is no longer a static obligation—it is an ongoing operational risk management issue.

For employers, particularly those with large or diverse workforces, proactive compliance is essential to avoiding audits, fines, operational disruptions, and reputational harm.

Key Compliance Priorities for Employers

1. I-9 Accuracy and Internal Audits

Ensure all Form I-9s are properly completed, stored, and retained. Regular internal audits—conducted under legal counsel—help identify and correct issues before a government inspection occurs.

2. Preparedness for ICE and DHS Audits

Employers should have a clear, written response protocol for Notices of Inspection, subpoenas, and unannounced enforcement activity. Knowing who to contact and what to provide can significantly reduce risk and liability exposure.

3. Consistent Hiring and Reverification Practices

Policies must be applied uniformly to avoid discrimination claims while still meeting verification and reverification requirements under federal law.

4. Monitoring Policy and Enforcement Changes

Shifts in executive action, agency guidance, and enforcement priorities can materially impact compliance obligations. Employers should stay informed and adjust policies accordingly.

5. Training for HR and Management Teams

Front-line personnel play a critical role in compliance. Regular training ensures proper document handling, lawful verification procedures, and appropriate responses to government inquiries.

Develop a Proactive Immigration Compliance Strategy

Monty & Ramirez LLP works with employers to design proactive immigration compliance strategy plans and comprehensive Immigration Compliance Toolkits. For a confidential consultation regarding your organization’s immigration compliance readiness, contact our office at 281-493-5529 or email info@montyramirezlaw.com.

March 2026 Visa Bulletin

A. Dates for Filing for Employment-Based Visa Applications

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