In a time of rapid change and heightened scrutiny across the immigration landscape, clarity and strategy matter more than ever. At Brown Immigration Law, we remain steadfast in our mission to help employers and global talent navigate complexity with confidence. We believe that access to global talent fuels innovation, strengthens businesses, and drives growth. Our team continues to monitor developments in U.S. and Canadian immigration policy while delivering practical, business-focused solutions that support growth, mobility, and long-term success. Below, we share this month’s key immigration updates and insights to help you stay informed and prepared.
U.S. BUSINESS IMMIGRATION UPDATES
Office of Foreign Labor Certification May Become a Separate DOL Agency
The Department of Labor (DOL) released its Proposed 2027 Budget. The budget proposal would make the Office of Foreign Labor Certification (OFLC) a separate and independent agency reporting directly to the Deputy Secretary, rather than reporting to the Employment and Training Administration (ETA) as it does currently. The budget proposal reads, in part, the following: “This new structure will enable OFLC to administer immigration and migration policies, regulations, and programs in a manner that optimizes performance, minimizes unnecessary use of resources, and ensures resiliency and continuity of operations that are customer centered.” The budget requests just over $86 million in funding for the OFLC. We will continue to monitor.
ICYMI: DOL Proposes Higher Prevailing Wages for Foreign Worker Programs
As we reported in our March 2026 Alert: The U.S. Department of Labor (DOL) has proposed a rule revising how prevailing wages are set for Labor Condition Applications (LCAs) and Prevailing Wage Determinations for labor certifications (PERMs). The rule was published on March 27, 2026 and includes a 60-day public comment period.
The proposal maintains the current four-level wage structure, but raises the wage benchmarks relying on OEWS data in the following ways:
- Level I: increases from the 17th to the 34th percentile
- Level II: increases from ~34th to ~52nd percentile (formula-based)
- Level III: increases from ~50th to ~70th percentile (formula-based)
- Level IV: increases from the 67th to the 88th percentile (or higher in certain cases)
Importantly, alternative wage surveys are still permitted, as long as they meet regulatory requirements.
This proposal follows a broader policy trend in the Trump administration’s favoring of higher pay requirements for employment-based immigration sponsorship.
If finalized, the rule would impact pending prevailing wage requests as of the effective date. It would impact LCAs filed on or after the effective date. Due to timing, 2026 H-1B cap filings (FY2027) remain unaffected.
The final rule could be issued as early as Summer 2026, with litigation anticipated. We will continue to monitor. The American Immigration Lawyers Associate writes: “OFLC has not indicated yet when the new Job Zones will be incorporated into its systems and processes. It is assumed that the changes will be implemented when the prevailing wage data is next updated in FLAG on July 1st.”
Update on USCIS’s Strengthened Screening and Vetting
May Visa Bulletin 2026
The U.S. Department of State’s May 2026 Visa Bulletin shows minimal movement across most employment-based categories. Beginning in May 2026, USCIS will require applicants in all employment-based categories to use the Final Action Dates chart (Chart A), while family-sponsored applicants may continue using the Dates for Filing chart (Chart B).
Many key cutoff dates remain unchanged: EB-1 for India and China stays at April 1, 2023 (current for others); EB-2 remains at July 15, 2014 for India and September 1, 2021 for China (current for others); and EB3 holds at November 15, 2013 for India, June 15, 2021 for China, and June 1, 2024 for all other countries.
CANADA BUSINESS IMMIGRATION UPDATES
Proposed Express Entry Reforms: What Employers Should Know
Immigration, Refugees and Citizenship Canada (IRCC) has signaled a series of potential reforms to the Express Entry system that could significantly affect how employers recruit and retain foreign talent. While these changes are still under consultation and not yet finalized, they provide a clear indication of where Canada’s economic immigration policy is headed. Overall, the proposed reforms aim to simplify the system, reduce overlap between programs, and more closely align permanent residence selection with labour‑market needs and long‑term economic outcomes.
One of the most notable proposals is the possible consolidation of the three current federal Express Entry programs — the Federal Skilled Worker, Federal Skilled Trades, and Canadian Experience Class — into a single Federal High‑Skilled program. If implemented, this would standardize eligibility requirements across candidates, potentially requiring minimum education, language proficiency, and at least one year of skilled work experience. For employers, this could mean a more streamlined and predictable system when supporting foreign workers transitioning to permanent residence.
IRCC is also reviewing how Comprehensive Ranking System (CRS) points are awarded, with a growing emphasis on high‑wage employment and strong labour‑market attachment. Under the proposals, additional CRS points may be limited to candidates holding valid job offers in high‑wage occupations, with wage thresholds tied to national median earnings. This shift is intended to prioritize roles with higher economic impact while reducing past concerns around job‑offer misuse and fraud. Employers hiring for senior, highly skilled, or regulated roles may find this approach better aligned with their long‑term workforce needs.
Other reforms under consideration could further affect employer‑supported candidates, including tighter definitions of what qualifies as Canadian work experience and possible removal of CRS points tied to factors seen as weaker predictors of economic success, such as certain spousal or study‑related points. Notably, Canadian work experience would be more narrowly defined as authorized, paid work performed in the Canadian labour market, excluding self‑employment in most cases.
Canada Simplifies Hiring of International Students for Co‑op and Internship Roles
As of April 1, 2026, Immigration, Refugees and Citizenship Canada (IRCC) has introduced a significant change that simplifies how employers can hire post‑secondary international students for co‑op placements, internships, and other required work components of study programs. Eligible international students no longer need a separate co‑op work permit to participate in work placements that are required by their academic program. Instead, their study permit alone now authorizes them to work in these situations.
Under this new approach, students may work for employers that are approved by their designated learning institution (DLI), as long as the work placement is an integral and mandatory part of their program of study. This change removes a previously required administrative step but does not expand who can work or the number of hours authorized—it simply streamlines the process by allowing one permit to cover both study and required work components.
For employers, this means faster onboarding and reduced paperwork when hiring international students into co‑op or internship roles. There is no longer a need to verify that a separate co‑op work permit has been issued, provided the placement is formally approved by the student’s school. IRCC has also confirmed that international students with pending co‑op work permit applications do not need to take any action, as eligible applications will be withdrawn automatically.
NEW LEARNING OPPORTUNITIES
Immigration Townhall and Trump Administration Update
Final reminder/chance to register for our webinar tomorrow that will feature Trump Administration Updates and cover our typical advisory information we share during client Town Halls to educate and inoculate employees against possible status and travel/visa miscues. Click here to register, or visit our website to join one of our SHRM Certified events before our spring webinar series ends.
Green Card Series: Strategic Paths for Employers and Foreign-Born Talent Part One
Part 1: Building a Strategic Path to Permanent Residency
Join David Zaritzky Brown, Founder and Managing Partner of Brown Immigration Law, for the first session of our two-part Green Card series. David will walk through the key options employers have to help foreign-born employees achieve permanent residency.
Green Card Series: Strategic Paths for Employers and Foreign-Born Talent Part Two
Part 2: Advanced Strategies for Employment-Based Green Cards
Join David Zaritzky Brown, Founder and Managing Partner of Brown Immigration Law, for the second session of our Green Card series. This session takes a deeper look at employment-based green card options and provides practical examples of how they operate in real-world scenarios.
500 Days in with the Trump Administration: Key Business Immigration Updates Before Summer Vacation
Join David for the final webinar of the spring season as he breaks down the latest updates in business immigration. It has been exactly 500 days since the current administration took office, and with the H-1B lottery, ICE enforcement, and new policies evolving rapidly, this session will give you the clarity you need to plan for the months ahead.
