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U.S. BUSINESS IMMIGRATION UPDATES
ICYMI: Three Updates Already Reported for this Month
- New Rule Eliminating D/S for F-1, J-1, I
- DHS has finalized a rule that, among other updates, eliminates “Duration of Status” (D/S) admission for F-1 students, J-1 exchange visitors, and I-visa foreign media representatives, replacing it with a fixed admission period tied to the end date on the Form I-20 or DS-2019; capped at 4-years (or 2-years for English-language program students). Individuals needing more time will need to file an extension of stay application with USCIS, rather than relying on the Designated School Official or Responsible Officer to extend SEVIS records administratively. Read more here.
- Rescinding 2022 Public Charge Rule
- DHS has finalized a rule rescinding the 2022 Public Charge rule, which has governed public charge determinations for AOS applicants since December 2022. This rule becomes effective on September 18, 2026. Rather than replacing it with a new formal regulation, DHS plans to govern public charge determinations through policy guidance and interpretative tools, which gives USCIS officers significantly broader discretion. Read more here.
- USCIS Reaches FY 2027 H-1B Cap
- USCIS has announced that it has received enough H-1B petitions to meet both the 65,000 regular H-1B cap and the 20,000 U.S. advanced degree exemption (master’s cap) for FY 2027. With the cap now reached, there will not be a second selection period this year. The agency will continue processing petitions that were properly filed and that were selected during this year’s H-1B registration process. Depending on the employee’s qualifications and the employer’s circumstances, alternative immigration strategies may be available, including cap-exempt H-1B employment or other nonimmigrant visa classifications. We recommend reviewing the recording of our webinar here which discusses those contingency plans. Read more here.
For more information on these topics, please visit our Trending Topics page.
SCOTUS Reaffirms Birthright Citizenship
In a landmark decision, the U.S. Supreme Court reaffirmed that children born in the United States are U.S. citizens at birth, regardless of their parents’ immigration status. The Court struck down the Trump Administration’s Executive Order that sought to limit birthright citizenship, holding that the Fourteenth Amendment’s Citizenship Clause protects all children born on U.S. soil who are subject to the jurisdiction of the United States. Initially reported as a 6-3 decision, the outcome was later clarified to be a 5-4 decision on Constitutional grounds, with Justice Kavanaugh finding the Executive Order was unlawful under a different statute, finding that it was not unconstitutional.
This ruling preserves a constitutional principle that has been recognized by overturning Dred Scott v. Sandford (1857) for more than 150 years, since 1868. Further, this Court’s decision reinforces the longstanding precedent established in United States v. Wong Kim Ark (1898), confirming birthright citizenship to those born on US soil. The decision provides important legal certainty for immigrant families across the country.
What This Means for Families
For families, the practical impact is straightforward: children born in the U.S. continue to acquire U.S. citizenship automatically at birth, regardless of whether their parents are undocumented, hold temporary visas, or have another immigration status. Parents should continue obtaining their child’s birth certificate, Social Security Number, and U.S. passport, where appropriate, just as they have in the past.
It is also important to understand what this decision does not do. While it protects the citizenship rights of U.S. born children, it does not grant lawful immigration status to parents or other family members. Existing immigration laws remain in effect. A U.S. citizen child generally cannot petition for a parent until reaching the age of 21, subject to other eligibility requirements under immigration law.
This decision is a significant affirmation of constitutional protections, but it does not eliminate the complexities of the U.S. immigration system. Families should continue to seek legal guidance to understand the immigration options available to them.
USMCA Update
On July 1, 2026, the Trump administration announced it will not renew the USMCA, triggering the treaty’s six-year review process. If the agreement is not extended or replaced, it could expire on July 1, 2036. There is no immediate impact on TN status. Canadian and Mexican professionals remain eligible to apply for TN classification, and U.S. immigration agencies continue processing applications under current rules. Employers can continue normal workforce planning for TN employees and we will continue to monitor updates.
DOS Temporary Final Rule Creating Fee to Expedite B1/B2 Visa Interview Appointments
The State Department’s temporary rule allowing B-1/B-2 (business/tourism visitor visa) applicants to pay a $750 fee for an expedited interview appointment took effect on July 1, 2026, and will remain in effect through December 31, 2026. At present, this measure provides scheduling relief only. At participating consular posts, it may advance an interview to within approximately 10 business days, but it does not expedite administrative processing, background checks, or visa adjudication. It also does not apply to employment-based visa categories such as H-1B, L-1, or F-1. Importantly, DOS has not published a list of participating consulates. Reports indicate the program is limited to an estimated 25,000 expedited appointments worldwide during the pilot period. As a result, organizations should not assume this option will be available at every post or throughout the duration of the program.
How to Determine Whether the Expedited Option Is Available
At present, we’ve only heard of U.S. consulates in Mexico offering expedited appointments, though others may have the option. Currently, the only reliable method of confirming availability is through the appointment scheduling system itself rather than published guidance. Travelers should complete the DS-160, pay the MRV fee, schedule a regular visa appointment, and then check whether a “Paid Expedite” option appears in their scheduling account. If the option is available, applicants should be prepared to complete payment within a limited window after selecting an eligible appointment. They should also be aware that the $750 fee is non-refundable and that expedited appointments cannot be rescheduled. This option is best reserved for travelers with a confirmed, near-term business need rather than those seeking flexibility on a speculative basis.
We are continuing to monitor the program for Department of State announcements, including the publication of a participating post list and other program updates. We will provide additional guidance as the Department of State confirms participating consulates.
DOL Increasing Scrutiny on Employer Ability to Pay in PERM Adjudications
Practitioners are reporting a notable uptick in Requests for Information (RFIs) from the DOL’s Office of Foreign Labor Certification (OFLC) in PERM cases, with DOL seeking documentation of a sponsoring employer’s ability to pay the offered wage. This trend is significant because ability to pay is not specified in the regulations as a DOL matter. However, the Petitioning entity has always needed to demonstrate its ability to pay the prevailing wage starting on the PERM filing date (the priority date). This requirement exists in DHS related regulation. Under the current regulatory framework, employers are only required to attest to their ability to pay at the time of filing. USCIS has traditionally conducted the ability-to-pay adjudication during Form I-140 review. However, DOL does retain independent authority to request additional information, including financial documentation, through audits and other inquiries at the PERM stage.
Employers and practitioners should treat this development as a reminder to maintain organized financial records before and during the PERM process, not just in anticipation of I-140 adjudication. If an RFI is received, responses should be thorough and well-documented, including audited financial statements, annual reports, tax returns, or payroll records sufficient to demonstrate the employer’s capacity to pay the proffered wage from the priority date forward.
We will continue to monitor this trend and keep our clients informed.
SCOTUS Issues decision in Blanche v. Lau
At the end of June, the Supreme Court ruled in the case of Blanche v. Lau, holding that the Immigration and Nationality Act (INA) does not require a CBP officer to have clear and convincing evidence that a lawful permanent resident (LPR) has committed a crime involving moral turpitude before they consider the LPR as an applicant for admission.
According to the Supreme Court’s decision, removal of an LPR on a charge of inadmissibility involves a two-step test. Under step one, only commission of a crime is required to assess an LPR as an applicant seeking admission to the US under §1101(a)(13)(C)(v). Step two requires a conviction or admission of the crime charged to show that the LPR seeking admission is inadmissible. The Supreme Court’s decision lowers the burden of proof for CBP officers to treat LPRs returning to the United States as if they are applicants seeking initial admission. This also expands the government’s authority to reclassify returning LPRs based on pending and prior criminal charges.
If you have any questions or concerns about whether the Supreme Court’s ruling in Blanche v. Lau may impact your case and travel plans, please contact your BIL attorney.
USCIS Photo Collection Policy
On December 12, 2025, USCIS announced a policy update on reusing photos collected in previous immigration processes for a newly filed requests. Prior to that, USCIS policy permitted reusing photos up to 10 years old. The Dec. 2025 policy limited that to 36 months (3 years), and USCIS will no longer “use or reuse self-submitted photographs”.
In the months following the issuance of this policy update, we have noticed that USCIS has begun issuing “Photo Only – Schedule ASC Appointment” Request for Evidence (RFE) for many immigrant benefit requests. This has caused confusion regarding whether USCIS still requires the submission of physical photographs with initial benefit filings. While the policy update states that they will not use self-submitted photos, instructions on forms that require photographs have not changed. Clients should continue to submit physical passport-style photographs with initial filings. USCIS confirmed that applications must comply with approved form instructions (to include physical photos in the initial filing), even though USCIS will no longer use or reuse self-submitted photographs for final document production.
USCIS Proposes Changes to the AR-11, Alien’s Change of Address Card
On May 7, 2026, USCIS issued a notice and request for comments on a proposal to amend the AR-11, Alien’s Change of Address Card. The AR-11 is filed by noncitizens who are fourteen (14) years or older and have been present in the United States for thirty (30) days or more to report their change of address to USCIS. Noncitizens can do so by submitting a paper Form AR-11 or through their USCIS online account and must report their change of address within ten (10) days of moving. The proposed changes will require noncitizens to provide their employer or schooling information and confirm receipt of means-tested public benefits. This includes SNAP, Medicaid, SSI, TANF, CHIP, WIC, Section 8 Housing Assistance, any other federal cash or non-cash assistance, and state or local means-tested public benefits. Public comment closed on July 6, 2026.
USCIS has stated that the purpose of this change is to enforce immigration laws and identify those violating restrictions on receiving means-tested public benefits. With the additional requested information, USCIS could identify potential inconsistencies, misrepresentation, or fraudulent behaviors. For noncitizens subject to the registration requirement, it is essential to timely file the AR-11 and verify that the information provided aligns with previously submitted requests for benefits. For employers, USCIS could use the shared employment information to ensure employer compliance with I-9 verification. Practitioners have cited the concern that this fundamentally and wrongfully alters the AR-11, which was never meant to be more than a form to report an address update.
Although the rule has not been finalized and the form has not been updated, employers should review internally to ensure compliance. It is recommended to monitor USCIS’s website for the posting of the updated form. We will continue to monitor.
August Visa Bulletin
The U.S. Department of State (DOS) has released the August 2026 Visa Bulletin, reflecting continued pressure on employment-based immigrant visa numbers as the fiscal year draws to a close. While most employment-based final action dates remain unchanged from the prior month, the DOS cautioned that additional categories may become unavailable before the end of FY 2026 if annual numerical limits are reached.
For India, the EB-2 category remains unavailable, meaning all available immigrant visa numbers for fiscal year 2026 have been allocated and no additional EB-2 immigrant visas may be issued until new visa numbers become available with the start of Fiscal Year 2027 on October 1, 2026. DOS has kept the EB-1 India final action date at October 15, 2022. However, it warned that high demand may require the category to become unavailable in the coming weeks if India reaches its per-country allocation before the fiscal year ends. EB-3 India also remains unchanged at January 1, 2014.
The Department of State also noted that increased demand across the EB-2 category generally may require further retrogression or additional categories to become unavailable in the coming months to remain within the FY 2026 annual limits. USCIS will continue to require employment-based adjustment applicants to use the Final Action Dates chart (Chart A) to determine filing eligibility. We will continue to monitor developments as the new fiscal year approaches.
CANADIAN IMMIGRATION UPDATES
Ontario Introduces the Workforce Priority Stream
As part of the ongoing restructuring of the Ontario Immigrant Nominee Program (OINP), Ontario has introduced the Workforce Priority Stream, a new pathway designed for skilled foreign workers with qualifying job offers from Ontario employers. Unlike some of the previous OINP streams, this program applies to a broad range of occupations and places significant emphasis on employer participation through Ontario’s new Employer Portal.
Under this stream, employers must first register with the OINP and submit an application for approval of the employment position. After the employer receives approval for the position, eligible candidates can register an Expression of Interest (EOI). Candidates who receive an invitation to apply must demonstrate that they meet all program requirements. This includes work experience, language ability, education, and, where applicable, licensing requirements.
For employers, the new stream reinforces Ontario’s focus on addressing labour market needs while increasing employer accountability in the nomination process. Employer participation is no longer optional for job-offer-based applications, and organizations should expect to play a more active role in supporting foreign national employees seeking permanent residence. This makes workforce planning and immigration strategy increasingly important for employers looking to retain key talent in Ontario.
Increased Employer Accountability and Workforce Planning
The program also introduces different eligibility requirements depending on the occupation’s TEER level under Canada’s National Occupational Classification (NOC) system. For many higher-skilled occupations (TEER 0–3), candidates must demonstrate recent work experience in the position or occupation, while language requirements generally range from CLB 5 to CLB 6. Lower-skilled occupations (TEER 4–5) may qualify under different work experience and language thresholds.
While the introduction of the Workforce Priority Stream provides welcome clarity following Ontario’s recent OINP overhaul, employers and foreign workers should carefully review the new requirements before proceeding. The success of an application will depend not only on the applicant’s qualifications but also on the employer’s ability to meet program requirements and properly support the nomination process.
As Ontario continues to roll out its redesigned immigration framework, employers should review their foreign national population and identify employees who may benefit from this new pathway. Early planning will be key to maximizing opportunities under the province’s evolving immigration system.
Canada Raises Wage Thresholds Under the Temporary Foreign Worker Program (TFWP)
Canada has increased the wage thresholds used under the Temporary Foreign Worker Program (TFWP), effective July 17, 2026. These thresholds determine whether a position falls under the high-wage or low-wage stream and will have a direct impact on employers seeking to hire or renew foreign workers through the TFWP.
Each province or territory sets the new thresholds at 120% of the median wage. For example, the threshold in Ontario has increased to $36.92/hour, British Columbia to $38.40/hour, and Alberta to $37.50/hour. Employers that offer wages below these thresholds may need to sue the more restrictive low-wage stream and, in certain regions, may not be able to submit a new application at all.
Of particular importance, employers located in census metropolitan areas with an unemployment rate of 6% or higher remain subject to restrictions on hiring through the low-wage stream. This includes several major Canadian markets, such as Toronto, Vancouver, Montréal, Calgary, Edmonton, Ottawa-Gatineau, Hamilton, London, Windsor, and Kitchener-Waterloo, among others. In these locations, employers generally cannot initiate new hires or renew work permits for positions paying below the applicable threshold.
What Employers Should Do Now
For employers, these changes underscore the importance of reviewing compensation levels before initiating a new TFWP process or renewing an existing work permit. Organizations should carefully assess whether offered wages meet the new thresholds. Falling below the required amount may trigger additional recruitment obligations, worker caps, and compliance requirements associated with the low-wage stream.
Employers with foreign nationals whose work permits are approaching expiry should also review upcoming renewals as soon as possible. Even modest wage increases may be necessary to preserve eligibility under the high-wage stream and avoid delays or complications during the LMIA process. As the government continues to tighten TFWP requirements, advance workforce planning will remain critical for organizations relying on international talent. We recommend that employers review their foreign worker population and upcoming hiring needs to determine whether these changes may affect current or future immigration strategies. Please contact our team if you would like assistance assessing the impact on your workforce.
