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
Brown Immigration Law Celebrates 20 Years!
We’re proud to celebrate Brown Immigration’s 20th anniversary!
For two decades, Brown Immigration Law has been dedicated to delivering successful corporate immigration solutions, supporting employers and global talent across high-growth startups and established businesses throughout the U.S. and beyond.
We specialize in all aspects of employment-based immigration, from nonimmigrant visas to permanent residency, providing timely and effective strategies that help our clients achieve both their short and long term goals. Our mission has always been simple: to make the complex feel simple so our clients can focus on realizing their dreams.
Over the past 20 years, we have had the privilege of changing lives and helping businesses grow, and we are just getting started.
Thank you for trusting us over the years. We look forward to many more ahead!
H-1B Cap Registrations Complete, Watch for Updates!
H-1B lottery registrations for FY2027 were completed on March 19, 2026, marking the close of this year’s initial selection process. On the morning of Saturday, March 28, 2026, we started to receive emails to check our USCIS accounts and some Cap selections have been confirmed. We should know the outcome of lottery selections by end of day on March 31, 2026, and we’ll notify those selected as soon as we can after receiving confirmation from USCIS. Once the selection process is over and we’ve notified those selected, we’ll begin the process of notifying those not selected.
Immigration and Customs Enforcement Assigned to Airports During DHS Funding Lapse
Noncitizens should generally carry documentation confirming their immigration status and be aware of their rights, including the right to remain silent. Please visit our Trending Topics page for more information, including your rights when interacting with ICE.
State Department Travel Advisories Amid Increasing Tensions in the Middle East
The U.S. Department of State has issued updated travel advisories in response to escalating tensions in the Middle East, for example a worldwide caution alert posted here. U.S. citizens and foreign nationals should closely monitor country-specific guidance, as security conditions may change rapidly and impact international travel plans.
All are encouraged to exercise caution when planning travel to or through affected regions, particularly where consular services may be limited or disrupted. We recommend reviewing current advisories and considering potential delays or complications in visa processing and reentry to the United States. Our team will continue to monitor developments and provide updates as needed.
Department of State Adds 12 More Countries to Visa Bond Program
A full list of countries needing visa bonds for visitor visas can be found here. The DOS explains: “Any citizen or national traveling on a passport issued by one of these countries, who is found otherwise eligible for a B1/B2 visa, must post a bond for $5,000, $10,000, or $15,000. The amount is determined at the time of the visa interview. The applicant must also submit a Department of Homeland Security Form I-352. Applicants must agree to the terms of the bond through the Department of the Treasury’s online payment platform Pay.gov. This requirement applies regardless of place of application.” If you have questions about this program, please reach out to your BIL attorney.
DOL Proposes Higher Prevailing Wages for Foreign Worker Programs
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: ~52nd percentile (formula-based)
- Level III: ~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.
State Department Expands Visa Screening and Vetting Requirements, Focused on Online Presence
On March 25, 2026, the U.S. Department of State announced expanded screening and vetting measures for nonimmigrant visa applicants, effective March 30, 2026.
The update broadens “online presence” review, including social media, to additional visa categories such as A-3, C-3 (domestic workers), G-5, H-3 and related H-4 dependents, K visa categories, and Q, R, S, T, and U visas. These changes build on prior expansions that already applied enhanced vetting to H-1B workers and their dependents, as well as F, M, and J visa applicants.
As part of this process, affected applicants are instructed to set their social media profiles to “public” or “open” to facilitate review. The policy does not change visa eligibility standards but reflects a continued emphasis on national security screening in the adjudication process. Visa applicants should anticipate increased scrutiny and the potential for longer processing times as consular officers incorporate expanded vetting into visa adjudications.
April Visa Bulletin
The April 2026 Visa Bulletin shows notable forward movement in several employment-based categories. USCIS is accepting the Dates for Filing Chart this month. Under the Dates for Filing Chart, EB-1 for India and China remained at December 1, 2023, EB-2 for India progressed to January 15, 2015, and EB-2 for China remained at January 1, 2022. Regarding ‘All Chargeability Areas Except Those Listed’ (often called Rest of World or ROW), the Dates for Filing Chart in April 2026 is current for EB-1, EB-2, and EB-3.
Importantly, it is uncertain whether USCIS will continue to accept the Dates for Filing chart next month, so we recommend filing before the end of April for those eligible.
CANADA BUSINESS IMMIGRATION UPDATES
Do You Have Canadian Ancestry? You May Be Eligible for Canadian Citizenship
Many people — especially in the United States — may now be eligible for Canadian citizenship thanks to recent changes in Canadian law. If you have a Canadian parent or grandparent, you could qualify for Canadian citizenship by descent, even if you were born outside Canada and your family has lived abroad for generations. This expansion took effect in December 2025 and has opened the door for millions of people to apply for proof of Canadian citizenship.
To confirm your status, eligible individuals must apply for proof of Canadian citizenship. This document officially recognizes you as a Canadian citizen and allows you to apply for a Canadian passport. The application process involves showing documents that connect you to your Canadian ancestor — such as birth certificates, adoption records, or other family documents. While processing times are currently about 11 months, applying sooner rather than later can help avoid delays if you are planning travel or considering a future move to Canada.
These changes came about after Canada removed the former “first‑generation limit,” which used to block many people born abroad from claiming citizenship through their parents. The old rules were found to be unconstitutional, leading to new legislation that restored citizenship rights for people born before December 15, 2025, regardless of how many generations removed their Canadian ancestor may be. For children born abroad after that date, eligibility may still exist if the Canadian parent has lived in Canada for at least three years before the child’s birth or adoption.
Importantly, becoming a Canadian citizen does not automatically mean you owe Canadian taxes. Canada taxes people based on where they live, not on citizenship alone. If you live outside Canada and do not earn income there, you generally do not need to file or pay Canadian taxes. For those who later choose to move to Canada, the Canada–U.S. tax treaty helps prevent double taxation. For many newly eligible individuals, obtaining proof of citizenship offers valuable benefits —greater travel freedom, the option to live and work in Canada, and the security of holding citizenship in two countries.
New Rules Clarify When Foreign Workers Can Enter Canada Without a Work Permit
Canada has issued updated immigration guidance that is especially relevant for employers who rely on short‑term international business travel. As of March 19, 2026, Immigration, Refugees and Citizenship Canada (IRCC) has clarified how the business visitor work permit exemption should be applied at the border. These changes are intended to give officers, employers, and foreign workers clearer direction on when work activities can be performed in Canada without a work permit.
One important clarification for employers is that the business activities listed in the regulations—such as purchasing Canadian goods, receiving or providing internal training, or selling goods to Canadian businesses (not the public) — are examples only, not an exhaustive list. This gives employers greater flexibility to support cross‑border business activities that may not fit neatly into one category, provided they meet the overall business visitor criteria.
The updated guidance reinforces several core compliance principles employers should keep in mind. Business visitors must not enter the Canadian labour market, must be paid primarily from outside Canada, and must have their principal place of business abroad. Employers sending staff to Canada should ensure the worker’s role is clearly international in nature and does not replace or compete with Canadian workers. Supporting documentation—such as an employer letter explaining the purpose of travel and confirming foreign remuneration—is critical. Where applicable, a letter of invitation from the Canadian entity should also be provided.
The new rules also impose clearer financial documentation requirements. If the employer is funding the employee’s trip, officers now expect a formal employer letter confirming this support, in addition to proof that the traveler has sufficient personal funds. For employers with frequent cross‑border travel needs, the guidance offers good news: employees with a strong history of compliance may be granted longer‑term, multiple‑entry visas, making repeat travel more efficient. However, admission remains discretionary, and eligibility does not guarantee entry at the port of entry.
IRCC Updates Rules for LMIA‑Exempt Work Permits Based on Reciprocal Employment
Immigration, Refugees and Citizenship Canada (IRCC) has updated its guidance on LMIA‑exempt work permits issued under reciprocal employment, a category within the International Mobility Program (IMP). Published on February 20, 2026, these revised instructions clarify how immigration officers assess whether true reciprocity exists when a Canadian employer seeks to hire a foreign worker without obtaining a Labour Market Impact Assessment.
A key change is that IRCC now explicitly confirms that reciprocity must benefit both Canadian citizens and permanent residents, and that the reciprocal opportunity must exist in the specific country the foreign worker is coming from—not simply anywhere abroad. Officers are also instructed to consider whether the job offer helps create or maintain reciprocal employment, making it clear that ongoing exchange arrangements or long‑standing placements abroad can help justify new LMIA‑exempt hires in Canada.
For employers, the updated rules also bring important operational reminders. Job offers must clearly align with the information entered into IRCC’s system, including the province, city of employment, and the correct NOC code. The guidance further confirms that formal written agreements are not required to rely on reciprocal employment, as long as employers can demonstrate that reciprocal opportunities genuinely exist. Notably, for work permit‑exempt travelers such as U.S. citizens, officers are instructed to issue work permits for the full duration of the job offer, even if the passport expires earlier.
Finally, IRCC emphasizes that officers may exercise greater flexibility for organizations with an established history of reciprocity, potentially approving larger numbers of permits or assessing mutual benefit over a longer period (such as five years). However, where reciprocity cannot be sufficiently demonstrated, officers may still direct employers to pursue an LMIA‑based work permit under the Temporary Foreign Worker Program instead.
NEW LEARNING OPPORTUNITIES
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.
