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
H-1B Cap Reminder
The 2026 (FY27) H-1B Cap lottery registration this year will be open on March 4, 2026, and will run through noon (ET) on March 19, 2026.
USCIS will complete the initial selection before April 1, 2026. Once selections are announced, we will have a ninety (90) day period in which to file the H-1B petition. Our teams are still finalizing lists of registrants for this year’s lottery with our many corporate clients. If you or your company are interested in registration for this year’s lottery and you haven’t yet been in contact, now is the time to reach out. We recommend beginning the process as soon as possible to ensure proper and timely registration.
You can also refer to the H-1B Lottery 2026 (FY27) memo on our website for more details. Additionally, we offer free webinars on various related topics, including the lottery, contingency planning if not selected, I-9 compliance, and more. Please register on our website here: https://brownimmigrationlaw.com/webinars/ .
I-9 Audits and Compliance Refresher
Form I-9, Employment Eligibility Verification, is used to verify the identity and employment authorization of individuals hired to work in the United States. In light of heightened immigration enforcement and increased regulatory scrutiny under the current administration, I-9 audits have become increasingly common, which is a trend we anticipate will continue.
Generally, the audit process begins when Homeland Security Investigations (HSI), a division of the U.S. Department of Homeland Security, serves a Notice of Inspection (NOI) on a U.S. employer. The NOI typically requires the employer to produce Forms I-9 along with supporting documentation, such as payroll records, lists of current and former employees, articles of incorporation, and business licenses.
Under 8 C.F.R. § 274a.2(b)(2)(ii), employers are entitled to at least three (3) business days to respond to a Notice of Inspection. HSI agents and auditors then review the submitted materials to identify any technical, procedural, or substantive violations. If technical or procedural deficiencies are found, employers are generally provided at least ten (10) business days to make the necessary corrections. Substantive violations, or failure to timely correct identified deficiencies may result in the imposition of monetary penalties.
We provide comprehensive guidance throughout the I-9 audit process, from conducting proactive internal audits to preparing and submitting formal responses to HSI-issued Notices of Inspection. If you have questions regarding Form I-9 compliance or require assistance navigating an audit, we are here to help. Please reach out to your BIL attorney. For additional information on this topic, join Managing Partner David Zaritzky Brown on March 12 for a worksite compliance webinar.
ICYMI: Increase in Premium Processing Fees
DHS Shutdown Update
The Department of Homeland Security (DHS) entered a partial government shutdown on February 14, 2026, after Congress failed to pass a funding bill before the latest deadline. Negotiations broke down largely over immigration enforcement policy and oversight with Senate Democrats blocking DHS funding absent reform to agencies such as Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). The shutdown specifically affects funding for agencies under DHS including Transportation Security Administration (TSA), Federal Emergency Management Agency (FEMA), Secret Service, Coast Guard, and Cybersecurity and Infrastructure Security Agency (CISA), among others.
Although CBP is technically affected, inspection and law enforcement personnel are considered essential, and ports of entry will be open and processing travelers. Additionally, a prior bill (H.R. 1) provided substantial additional funding to CBP, so its operations are unlikely to be majorly impacted.
Because USCIS is primarily fee-funded rather than reliant on congressional appropriations, most operations are expected to continue during the shutdown. The exception is for programs that receive appropriated funds, such as E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious works. Although the EB-5 Immigrant Investor Regional Center Program receives appropriated funds, it should not be impacted by the shutdown as funding has been authorized through September 30, 2027. Services such as E-Verify could face outages or limited functionality if the shutdown persists and processes that require coordination with outer DHS components might slow. In the past USCIS has allowed employers to use new alternate review processes for remote I-9 document verification if E-Verify is unavailable, and it is expected that this will continue in this case. While Application Support Centers generally remain open, staffing issues could affect biometrics appointment availability and case processing times if disruptions expand. Over the weekend Secretary Noem announced that both TSA Precheck and Global Entry will be temporarily paused, reportedly because of the shutdown.
We will continue to monitor this situation and provide updates as USCIS and other agencies issue guidance on how the shutdown may affect immigration processes.
DOL Releases Flyer Outlining H-1B Employers’ Obligations under New H-1B Enforcement Initiative “Project Firewall”
The Department of Labor (DOL) recently published a flyer titled “Protecting America’s Highly Skilled Workforce with Project Firewall” which notifies businesses employing workers under the H-1B visa program of their responsibilities under the program, as well as possible penalties for violations. As we referenced in our September Newsletter, Project Firewall is the DOL’s newly announced H-1B enforcement initiative aimed at protecting American workers by ensuring employers prioritize hiring qualified U.S. citizens and are held accountable for any misuse of the program. Under Project Firewall, the Secretary of Labor will personally certify the initiation of compliance investigations for the first time in DOL’s history, a significant change from past practice whereby investigations were typically routine audits. Considering the heightened scrutiny surrounding the H-1B visa program, we recommend any interested parties check out our Webinar, “Bulletproof Your Compliance – I-9 and Workplace Compliance Updates” for best practices on maintaining immigration compliance. If you have specific questions, please reach out to your BIL attorney for assistance.
DHS Reduces Requirement to Reside Abroad tor R-1 Religious Workers
The Department of Homeland Security has announced a new rule, effective January 16, 2026, that removes the one year wait time R-1 religious workers must reside abroad before re-entering the U.S. in R-1 status. R-1 religious workers no longer are required to wait outside of the United States for any length of time. This has markedly lowered institutional hurdles for religious workers, such as rabbis, priests, or other members of the clergy.
The one year wait time served as a barrier to entry for these individuals, who were required to remain outside the United States to maintain their ties abroad. This new policy of DHS aims to increase the ties that R-1 workers develop in the United States, a welcome change in an ever-fluctuating field. The new policy is expected to reduce wait times for religious workers and increase the social support these workers provide to communities across the United States.
March Visa Bulletin
The March 2026 Visa Bulletin was issued on February 20, 2026, showing rapid progress across all visa categories. In particular, under Final Action Dates, the EB-2 category progressed 6 months for all countries except EB-2 India which progressed 2 months and EB-2 China which did not progress. However, EB-1 China and EB-1 India both progressed 1 month. Additionally, EB-3 Mexico and EB-3 All Other Countries progressed 4 months, while EB-3 Philippines progressed 2 months.
Further, USCIS announced that they will continue to accept AOS (green card; I-485) applications filed with Priority Dates (PD) current under the Dates for Filing chart (Chart B). One notable change from the February to March Dates for Filing is that the EB-2 category is now current for all countries except China and India. Please see the changes for both charts below:
Final Action Dates:
| Employment- based | All Other Countries | CHINA | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01MAR23 28 days | 01MAR23 28 days | C | C |
| 2nd | 15OCT24 197 days | 01SEP21 | 15SEP13 62 days | 15OCT24 197 days | 15OCT24 197 days |
| 3rd | 01OCT23 122 days | 01MAY21 | 15NOV13 | 01OCT23 122 days | 01AUG23 61 days |
| Other Workers | 01NOV21 61 days | 08DEC18 | 15NOV13 | 01NOV21 61 days | 01NOV21 61 days |
Dates for Filing:
| Categories | All Other Countries | CHINA | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01DEC23 122 days | 01DEC23 122 days | C | C |
| 2nd | C | 01JAN22 | 01NOV14 335 days | C | C |
| 3rd | 15JAN24 106 days | 01JAN22 245 days | 15AUG14 | 15JAN24 106 days | 01JAN24 93 days |
| Other Workers | 22JUN22 203 days | 01OCT19 | 15AUG14 | 22JUN22 204 days | 22JUN22 204 days |
CANADA BUSINESS IMMIGRATION UPDATES
CUSMA Under Review: Canada Signals Openness to Modernizing Professional Work Permit Categories
As Canada prepares for the 2026 joint review of the Canada–United States–Mexico Agreement (CUSMA), Global Affairs Canada (GAC) has released its official summary of stakeholder input gathered during public consultations held from September 20 to November 3, 2025. These consultations invited businesses, industry associations, workers, and the broader public to share their views on how CUSMA is functioning and where improvements may be needed. In its February 6, 2026 report, GAC confirmed that labour mobility—particularly the list of eligible professional occupations—was one of the central topics raised by participants.
A key theme emerging from these official consultations is growing support for modernizing the list of professionals eligible for CUSMA work permits, which currently includes 63 occupations, a list that has not been updated since NAFTA’s original framework in 1994. Stakeholders emphasized that the list no longer reflects North America’s modern labour market, particularly the rise of digital, clean‑tech, and tech‑enabled professions. As summarized in the report, many participants called for expanding eligibility to include roles such as cybersecurity analysts, data scientists, and UI/UX designers, citing the need for cross‑border mobility in rapidly evolving industries.
Under the current agreement, CUSMA allows qualified professionals in designated fields to obtain LMIA‑exempt work permits under Canada’s International Mobility Program (IMP)—a significant advantage compared to traditional Temporary Foreign Worker Program pathways. However, to qualify, applicants must still have pre‑arranged employment and meet occupation‑specific professional, educational, or licensing requirements. Stakeholders who contributed to the consultation process also expressed interest in streamlining border procedures, simplifying origin‑certification requirements, and improving regulatory processes to better support cross‑border trade and mobility.
Looking ahead, CUSMA is set to remain in effect until 2036, at which point it will expire unless renewed by the member countries. The 2026 review will be the first formal check‑in since the agreement entered into force in 2020, giving Canada, the United States, and Mexico an opportunity to evaluate what is working well and identify areas where the agreement can be modernized to keep pace with economic and technological change. As GAC’s official communications note, the insights gathered from Canadians will directly inform Canada’s approach to that upcoming joint review.
Express Entry: A Strong Start to 2026
Canada began 2026 with high‑volume Express Entry rounds, particularly favouring candidates with Canadian work experience and provincial nominations. On January 7, IRCC issued 8,000 ITAs under the Canadian Experience Class (CEC), requiring a 511 CRS score. Shortly after, on January 21, another large CEC draw issued 6,000 ITAs with a reduced cutoff of 509, marking steady momentum for in‑Canada candidates.
Provincial Nominee Program (PNP) candidates were also selected through several program‑specific rounds, with draws on January 5 (574 ITAs, CRS 711) and January 20 (681 ITAs, CRS 746). These early‑year trends reflect IRCC’s ongoing focus on labour‑market‑ready applicants and coordinated selection through both federal and provincial pathways.
British Columbia: Early 2026 PNP Invitations
British Columbia has already hosted multiple BC PNP draws across both Skills Immigration and Entrepreneur streams.
Skills Immigration
On February 11, 2026, BC issued a substantial 460 invitations under its Skills Immigration categories. Two streams were used:
- High‑wage job offer stream: 195 invitations (no minimum score; required wage of $62/hr or $125K/year).
- Score‑based stream: 265 invitations (minimum 135 points).
These draws focused on candidates in NOC TEER 0–3 occupations and reflect BC’s efforts to attract high‑impact talent.
Entrepreneur Immigration
BC also conducted its first Entrepreneur draw of the year on January 13, 2026, inviting 7 candidates under the Base stream with a minimum score of 115. The program continues to target entrepreneurs with strong business plans capable of contributing to economic growth in the province.
Overall, British Columbia has maintained active selection patterns consistent with previous years, emphasizing both skilled workers and high‑value entrepreneurs.
Ontario: More Than 1,800 Invitations in First 2026 Draws
Ontario began 2026 with a major selection round on February 2, 2026, issuing a total of 1,825 invitations through its Employer Job Offer streams—its first draws of the year. These were targeted draws, with a strong emphasis on healthcare, physicians, early childhood educators, and Regional Economic Development (REDI) occupations.
Breakdown of the February 2 invitations includes:
- Foreign Worker Stream: 777 invitations across targeted sub‑draws (e.g., physicians, health occupations).
- International Student Stream: 1,041 invitations.
- In‑Demand Skills Stream: 7 invitations.
Profiles selected were created between July 2, 2025, and January 28, 2026, reflecting Ontario’s emphasis on up‑to‑date labour‑market alignment.
Ontario’s early‑year performance shows a clear prioritization of critical sectors such as healthcare, education, and regional community development, maintaining its role as one of Canada’s most active PNP programs.
Why Former PEQ Candidates Now Offer Employers Better PR Stability Outside Quebec
As hiring challenges continue across Canada, employers are increasingly encountering skilled workers who previously planned to immigrate through Quebec’s Programme de l’expérience québécoise (PEQ) but are now exploring options in other provinces. For employers outside Quebec—or national employers hiring across multiple provinces—this shift presents a strategic advantage: former PEQ‑eligible workers often arrive with strong Canadian experience, high adaptability, bilingual or multilingual skills, and a genuine desire for long‑term retention.
- Faster, More Predictable PR Pathways that Support Workforce Stability
Quebec’s immigration policies have become more restrictive in recent years, with increased French‑language requirements, evolving selection criteria, and longer processing timelines. For employers, this unpredictability can create barriers when trying to retain talent who require permanent residence to secure long‑term employment.
In contrast, federal Express Entry and provincial nominee programs (PNPs) outside Quebec offer:
- More frequent draws and clear selection categories (e.g., tech, healthcare, trades, STEM, French‑speaking categories).
- Predictable scoring systems (CRS) that reward Canadian education and work experience—assets many former PEQ candidates already have.
- Faster processing for PR applications compared to non‑Express Entry Quebec routes.
This means employers outside Quebec can retain skilled international talent with fewer delays and greater certainty.
- Major Provinces Are Actively Recruiting the Same Talent Quebec Is Losing
Ontario, British Columbia, Alberta, and Atlantic provinces have expanded their PNP streams to attract exactly the profile that PEQ once captured:
- International graduates from Canadian institutions
- Skilled workers with one or more years of Canadian experience
- STEM, engineering, business, and healthcare professionals
- French‑speaking candidates who add linguistic diversity
These programs are designed to help employers hire and keep the workers they need without navigating Quebec‑specific processing constraints.
For employers, this means that former PEQ candidates are often already aligned with in‑demand provincial categories—making their PR pathway smoother and their retention potential higher.
- Reduced Risk for Employers Hiring on Work Permits
Workers who were previously planning to settle through Quebec may now move to other provinces for more stable immigration pathways. Employers benefit because:
- Candidates pursuing Express Entry (CEC) or PNP pathways can often secure PR within months, not years.
- PR‑bound employees are more likely to stay long‑term, improving retention and reducing recruitment churn.
- Companies can better plan for succession, workforce development, and contract renewals when immigration timelines are predictable.
This reduces risk for employers who rely on foreign talent to fill critical roles.
- Former PEQ Candidates Often Bring Additional Competitive Advantages
Many individuals who once qualified for PEQ arrive with:
- Canadian credentials (college, university, or technical programs)
- Quebec‑based work experience and often functional French, a major asset in national and bilingual workplaces
- Familiarity with Canadian workplace culture and regulations
- High adaptability, having already lived and integrated in Canada
These qualities make former PEQ candidates particularly valuable for employers looking to strengthen their talent pipeline.
What This Means for Employers
For employers hiring outside Quebec, this shift in immigration dynamics creates a unique opportunity:
- Expand your recruitment pool with workers who already have Canadian experience and are actively seeking stable PR pathways.
- Improve retention by supporting employees through faster, more reliable PR programs in your province.
- Enhance diversity and bilingual capacity in your workforce with candidates bringing strong linguistic and cultural adaptability.
As immigration pathways outside Quebec continue to open doors for these workers, employers across Canada can gain a significant competitive edge by actively considering former PEQ candidates in their talent strategies.
NEW LEARNING OPPORTUNITIES
H-1B Contingency Planning 2026: Exploring Canadian Options
Join Managing Partner David Zaritzky Brown and Supervising Attorney Barbara Vaz as they discuss contingency planning for employees not selected in the 2026 H-1B lottery. This session focuses on leveraging Canadian immigration programs to maintain workforce continuity and retain skilled U.S. employees.
I-9 and Workplace Compliance: Strategies to Reduce Risk and Stay Audit-Ready
With the “surge” in enforcement that happened in Minneapolis ending and the Trump Administration receiving criticism for its heavy-handed enforcement approach we expect a pivot in strategy back to employment compliance targeting. Staying current is key to reducing risk, avoiding fines, and protecting your organization’s reputation.
After the H-1B Lottery: Planning for Every Outcome
With the H-1B cap registration period now closed and selections expected to be announced soon (or just announced), many employers and foreign national employees are asking what happens if they are not selected in this year’s lottery. Uncertainty around the process makes advance planning essential.
Join Managing Partner David Zaritzky Brown for a focused overview of the H-1B cap lottery, followed by a practical discussion on contingency planning for employees unlucky and not selected.
Navigating U.S. Immigration: Strategies for Startups and Top Talent During the Trump Administration
With over 28 years of experience advising early-stage companies and guiding businesses expanding into the U.S., David will walk through the immigration strategies every company should know. This session will cover both temporary work authorization and green card pathways, helping you understand the best options for founders, early hires, and foreign-born talent.
Immigration Townhall and Trump Administration Update
The H-1B Cap filings are heading out the door and the world marches on, but for immigration attorneys we’re always navigating an ever-changing ecosystem and our larger clients get the benefit of annual Townhalls and onsite meetings. Today we’re bringing the Townhall to all clients – join Managing Partner, David Zaritzky Brown, as he highlights important concepts for both employees and HR to understand when employing foreign workers, and he will share the latest immigration news relevant for HR and individuals who are in a work authorized status while in the U.S.
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.
