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

Shootings in Minneapolis Spark Major Outrage and Government Shutdown Threat

As major news outlets have reported, federal immigration agents shot and killed 37-year-old intensive care nurse Alex Pretti in Minneapolis on Saturday during an enforcement operation that has sparked intense controversy and widespread protests. This incident is the second fatal shooting by federal officers in Minneapolis this month, following the January 7 killing of Renée Good, which authorities and community leaders have also sharply disputed. Pretti’s family released this statement shortly after his death:

“We are heartbroken but also very angry. Alex was a kindhearted soul who cared deeply for his family and friends and also the American veterans whom he cared for as an ICU nurse at the Minneapolis VA hospital. Alex wanted to make a difference in this world. Unfortunately he will not be with us to see his impact. I do not throw around the hero term lightly. However his last thought and act was to protect a woman. The sickening lies told about our son by the administration are reprehensible and disgusting. Alex is clearly not holding a gun when attacked by Trump’s murdering and cowardly ICE thugs. He has his phone in his right hand and his empty left hand is raised above his head while trying to protect the woman ICE just pushed down all while being pepper sprayed. Please get the truth out about our son. He was a good man. Thank you.”

Federal officials have claimed Pretti approached officers armed and resisted, but video footage reviewed by multiple outlets appears to show him holding a phone and not posing an immediate threat when agents used force.

Over the weekend, thousands of people protested in Minneapolis and cities across the United States against the violence and the presence of federal immigration agents, demanding accountability and for the agents to leave the city. Our hearts go out to all the families affected by this ongoing violence and loss, and to the many community members who are demanding transparency, justice, and an end to further bloodshed.

The events also led to protest in Congress, specifically targeted at the Spending Bill up for debate, which could lead to a potential shutdown when funding lapses on Friday, January 30, 2026. As reported by CBS, “The threat of a partial government shutdown looms large this week after Senate Democrats came out against a funding package in the wake of the deadly shooting of a Minneapolis man by federal agents, with just days until the deadline to fund the government.”

As we have reported before, government shutdowns can halt work in many agencies and lead to general delays and a lack of responsiveness since many government employees will be asked not to appear for work. There are usually contingency plans in place for essential services, and many agencies have reserve funding; however, the overall impact can vary depending on the agency and the services it provides. 

From an immigration perspective, looking specifically at the impact on business immigration, we are primarily concerned with the operations of USCIS, the Department of State (embassies and consulates), Customs and Border Protection (CBP), and the Department of Labor (DOL) in terms of potential disruptions or delays for our clients. We summarize the anticipated impact across these agencies and how it might impact our clients below.  

Potential impact of government shutdown on immigration-related agencies: 

• USCIS: We typically expect USCIS to continue to operate during a government shutdown because it is a fee-funded agency that does not wholly rely on government funding, though it may reduce staffing causing overall delays. Certain field offices and application support centers may temporarily close or change hours. If you have an ASC appointment scheduled during a period of government shutdown, be sure to check the USCIS Office Closings page to confirm any closures and reschedule appointments as needed. 

• E-Verify: E-Verify may experience outages during a government shutdown.
• Embassies & Consulates (DOS): The Department of State relies partially on revenue from visa applications and related fees and typically continues essential services; however, non-emergency services have been suspended during previous shutdowns. This may affect the availability of consular appointments and visa processing services. 
• Customs and Border Protection (CBP): Ports of entry into the U.S. will remain open, though there is a possibility that border applications will be impacted. There is often separate funding that maintains CBP’s operation during shutdown, as H.R. 1 did during the previous shutdown in October 2025. 
• Dept. of Labor (DOL): The Department of Labor typically faces the greatest impact during a government shutdown, including a halt on Labor Condition Applications (LCAs), Prevailing Wage Determinations (PWDs), and Labor Certifications (PERMs).

We are monitoring this situation closely and prioritizing work accordingly. We will update this post with any new information and communicate directly with clients on case-specific impacts and contingency planning. 

Please join Managing Partner and Founder David Zaritzky Brown on January 28 for a webinar discussing the potential shutdown, its impact on immigration, and other essential developments for navigating business immigration in 2026.

H-1B Lottery Weighted Selection Rule

On December 23, 2025, the U.S. Department of Homeland Security (DHS) announced a final rule amending the process by which the U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for cap-subject petitions. The final rule replaces the current random selection process with a weighted selection process that will operate alongside the beneficiary-centric registration system first adopted in 2024.

According to DHS, the new weighted selection process will generally favor the selection chances of higher-skilled and higher-paid workers, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the congressional intent for the H-1B program. This means that the registration process will now require selection of an appropriate wage level based on a beneficiary’s offered annual salary, occupational classification, and area of intended employment. Registrations will then be entered into the lottery based on the assigned wage level with wage level I registrations entered into the lottery once, wage level II registrations entered twice, wage level III registrations entered thrice, and wage level IV registrations entered four times. Although registrations with wages corresponding to any of the four wage levels may be selected, DHS estimates a 15.29% chance of selection for wage level I registrations, 30.58% chance of selection for wage level II registrations, 45.87% chance of selection for wage level III registrations, and 61.16% chance of selection for wage level III registrations.

The final rule goes into effect on February 27, 2026, and it will thus apply to the upcoming H-1B lottery, though legal challenges are expected. Visit our website for more information on the final rule and a comprehensive overview of the H-1B lottery, including key dates and employer considerations for registration as well as the impact of other recent developments such as the Proclamation imposing a $100,000 fee on certain H-1B filings. We will monitor developments and post updates on our Trending Topics page as more information is released.

Increase in Premium Processing Fees

USCIS has announced that premium processing fees will be increased on March 1st. In its press release, USCIS stated “The revenue generated by this fee increase will be used to provide premium processing services; make improvements to adjudication processes; respond to adjudication demands, including processing backlogs; and otherwise fund USCIS adjudication and naturalization services.”

For Form I-129 petitions seeking H-2B or R-1 nonimmigrant status, the fee will increase from $1,685 to $1,780. For all other Form I-129 classifications, including E, H-1B, L, O, P, Q, and TN categories, and Form I-140, the premium processing fee will rise from $2,805 to $2,965. The full updated premium fee schedule can be found at the announcement linked above.

Pause on Immigrant Visa Processing for 75 Countries

The Department of State has indefinitely paused immigrant visa processing for nationals of 75 designated countries. This action, first announced on January 14, 2026, directs U.S. embassies and consulates to stop issuing immigrant visas to applicants from these countries beginning January 21, 2026, as part of a broader review of how public benefit and public charge standards are applied in consular processing. The 75 countries include the following:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

This pause applies only to immigrant visas, meaning non-immigrant visas and those adjusting onto their green card from within the United States are not affected at this time. Nationals of the impacted countries may still attend scheduled immigrant visa interviews, but visas will not be issued until further notice. Dual nationals who apply using a passport from a country not included on the list remain exempt from the pause, as are immigrant visas that were issued prior. No official end date has been announced for the suspension.

We will continue to monitor this situation, for more information, please visit our Trending Topics page: https://brownimmigrationlaw.com/suspension-of-immigrant-visa-processing-for-75-countries/.

DHS Adds Countries Subject to Visa Bonds and Expands Applicable Ports of Entry

On January 8, 2026, the US Department of Homeland Security and Department of State have announced the expansion of the Visa Bond Pilot Program, which will now affect B1/B2 (business and tourist) visa applicants from a total of 38 countries. For those countries most recently added, the visa bond program will be in effect beginning January 21, 2026.

The announcement also updated and expanded the list of Ports of Entries foreign nationals subject to the visa bond must enter through. They are as follows:

• Boston Logan International Airport (BOS) (August 20, 2025)
• John F. Kennedy International Airport (JFK) (August 20, 2025)
• Washington Dulles International Airport (IAD) (August 20, 2025)
• Newark Liberty International Airport (EWR) (January 1, 2026)
• Hartsfield-Jackson Atlanta International Airport (ATL) (January 1, 2026)
• Chicago O’Hare International Airport (ORD) (January 1, 2026)
• Los Angeles International Airport (LAX) (January 1, 2026)
• Toronto Pearson International Airport (YYZ) (January 1, 2026)
• Montréal-Pierre Elliott Trudeau International Airport (YUL) (January 1, 2026)

As we reported in August and October 2025, citizens or nationals traveling on a passport issued by one of the countries subject to this program who are otherwise found eligible for a B1/B2 visa must post a bond for $5,000, $10,000, or $15,000, for the issuance of their visa, determined at the time of the visa interview. Applicants must also submit a DHS Form I-352 and agree to the terms of the bond through the Department of Treasury’s online payment platform pay.gov.

Diversity Visa Program Update – U.S Department of State Announces Pause on Issuance of Visas under the Program

In our December Newsletter, we provided an update on the Trump Administration’s suspension of the Diversity Visa (DV) Program, a congressionally created lottery system that makes up to 50,000 immigrant visas available each year to individuals from countries with historically low rates of immigration to the United States, in the wake of the Brown University and MIT shootings.

On December 23, 2025, the U.S. Department of State announced that effective immediately, it would pause all visa issuances to applicants of the DV Program. According to the guidance provided by the Department of State, existing appointments generally will not be rescheduled or cancelled; applicants may still submit applications and attend interviews; and the Department will continue to schedule appointments, but no Diversity Visas will be issued while the pause remains in place so that the Department can review the screening and vetting protocols of the DV program.

January 2026 Visa Bulletin

The January 2026 Visa Bulletin was issued with limited changes from December 2025, and USCIS will continue to accept AOS (green card; I-485) applications filed with Priority Dates (PD) current under Dates for Filing chart (Chart B). Notable changes include EB-3 for all countries except India and China progressed 38 days in the Final Action Dates (Chart A) and 3 months in Chart B, and EB-1A China and India retrogressed for two weeks in Chart B, and visas for Certain Religious Workers became unavailable. The remaining categories remain unchanged from last month.

CANADA BUSINESS IMMIGRATION UPDATES

Canada’s New Immigration Rules for 2026: What You Need to Know

Canada is entering 2026 with a more strategic and focused immigration plan. While overall admissions will be lower than previous years, the new system creates clearer pathways for skilled applicants, French‑speaking candidates, and those with Canadian experience. For many, this shift means a more predictable and opportunity‑driven process.

In the year ahead, Canada plans to welcome 380,000 new permanent residents—a level that remains high by global standards. The government is prioritizing skilled workers in sectors such as healthcare, trades, education, agriculture, and STEM, giving strong candidates a competitive advantage. Temporary resident levels will also be more targeted, with updated employer rules and streamlined programs that better align with real labour market needs.

International student admissions will be adjusted to 155,000 in 2026, accompanied by stronger financial readiness requirements. While this represents a reduction, it also means that approved students are more likely to succeed academically and transition to long‑term opportunities in Canada. Similarly, new measures will help up to 33,000 temporary workers transition to permanent residency in 2026 and 2027—highlighting the continued importance of Canadian work experience.

Family reunification programs will remain available, with some refinements to work‑permit eligibility for spouses and dependents. Canada will also increase its focus on francophone immigration, raising French‑speaking admissions targets in 2026 and beyond.

Overall, Canada’s 2026 immigration framework is shifting toward a more selective, sustainable, and opportunity‑focused system. For applicants with strong qualifications or ties to Canada, the coming year may offer clearer and more predictable pathways. Our team is here to help you navigate these updates and position your application for success.

Massive Start to 2026: Canada Invites 8,000 CEC Candidates

Canada has kicked off 2026 with significant momentum in its Express Entry system. Immigration, Refugees and Citizenship Canada (IRCC) has issued 8,000 Invitations to Apply (ITAs) in a new draw targeting Canadian Experience Class (CEC) candidates. With a minimum CRS cut-off score of 511, this marks the second-largest CEC draw ever recorded, surpassed only by the extraordinary pandemic‑era draw that invited more than 27,000 candidates. Eligible candidates also needed to have created their Express Entry profiles before 3:59 p.m. UTC on June 10, 2025.

This draw also stands out for setting a notably lower CRS cut-off than any Express Entry draw seen in 2025. For context, the prior lowest CEC cut-off was 509 in September 2024. The January 7, 2026 draw comes just days after a Provincial Nominee Program (PNP) selection on January 5, which invited 574 candidates with a CRS score of 711.

With only one full week of the year completed, IRCC has already issued over 8,500 ITAs across both CEC and PNP categories. This early surge indicates a strong governmental focus on candidates already integrated into Canada’s labour market and those nominated by provinces. January traditionally sees increased Express Entry activity, as the department works to issue invitations that support annual admissions targets. Since processing times typically span at least six months, ITAs issued now are expected to translate into new permanent resident landings later in the year.

Moving to Canada? U.S. Professionals May Have a Built‑In Advantage

For many U.S. citizens considering employment opportunities in Canada, there is good news: certain categories of American workers benefit from streamlined pathways that make it easier to live and work north of the border. Under the Canada–United States–Mexico Agreement (CUSMA), eligible U.S. and Mexican citizens can obtain work permits without the need for a Labour Market Impact Assessment (LMIA)—a step that often delays or complicates the process for other foreign nationals. This exemption can significantly shorten timelines and reduce uncertainty for both applicants and Canadian employers.

CUSMA offers several distinct work permit categories—Professionals, Intra‑Company Transferees, Traders, and Investors—each designed to facilitate cross‑border mobility for qualified individuals. Whether you are a professional with a job offer in a listed occupation, an employee transferring to a Canadian branch of your company, or someone conducting substantial trade or investment activities, CUSMA provides an efficient framework for temporary entry. Applicants must still meet general immigration requirements such as good health, admissibility, and proof of financial capacity, but the overall process is far more accessible than many other work permit routes.

Family members can also benefit from these pathways. Spouses of eligible workers may be able to apply for an open work permit, giving them flexibility to work for almost any employer in Canada. Meanwhile, minor children often qualify to attend school in Canada without needing a separate study permit, making relocation smoother and more practical for families planning a long‑term stay. For U.S. citizens, applications may be made online or—when appropriate—directly at a port of entry, although rules around “flagpoling” have become more restrictive and should be considered when planning next steps. Perhaps most importantly, time spent working in Canada under CUSMA can support future permanent residence (PR) goals. Many workers use their Canadian experience to qualify for the Canadian Experience Class (CEC) under the Express Entry system, or to strengthen their eligibility for a Provincial Nominee Program (PNP). Both pathways reward skilled Canadian work experience, and PNP nominations can add a substantial 600‑point boost to an Express Entry profile. For U.S. applicants seeking a long‑term future in Canada, starting with a CUSMA work permit can be a strategic first step toward securing PR.

NEW LEARNING OPPORTUNITIES

Navigating Business Immigration in 2026

Join Managing Partner David Zaritzky Brown as he breaks down the latest business immigration updates, shares key info on the 2026 H-1B Cap season, and gives practical tips to help you navigate it all. He’ll also answer questions at the end so you can get clarity on how these changes might affect your organization or career. 

Replay: 2026 H-1B Cap Season – What You Need to Know

Due to popular demand, we are hosting another live session of our 2026 H-1B Cap webinar. If you missed the first session or want a refresher, this is your chance to get expert guidance on navigating this year’s H-1B lottery season with confidence. 

2026 H-1B Cap Lottery: A Guide for Employees

This webinar is designed for employees navigating the 2026 H-1B Cap lottery. All current employees we manage are invited to this event as are individuals considering cap sponsorship. Managing Partner David Zaritzky Brown will walk you through the Cap process step by step, covering key topics like timing for filings, travel considerations, contingency planning, and evaluating your chances in the lottery. 

Contingency Planning – What to Do if You’re Not Selected in the 2026 H-1B Lottery

Join us as we talk about contingency options for employees not selected in the 2026 H-1B Cap lottery. Unfortunately, every year we have applicants who, through no fault of their own, fail to receive a Cap acceptance and need an alternate solution. Managing Partner David Zaritzky Brown will outline the H-1 Cap selection process, provide insight on how we maximize chances of success, and if unsuccessful we’ll provide strategies to maintain work eligibility, including staying in the U.S. or temporarily working in other countries. 

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.