At BIL, we strive to be your company’s partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month’s business immigration news below.
U.S. BUSINESS IMMIGRATION UPDATES
USCIS Approval Rates Continue Sharp Decline for EB-1A and NIW Petitions per USCIS Data
On March 24, 2026, USCIS released its Q4 FY2025 adjudication data, and the numbers for employment-based self-petition categories reflect a significantly more restrictive adjudication environment. According to the Immigration and Citizenship Data published by USCIS, approval rates declined substantially in both the EB-1A Extraordinary Ability and EB-2 National Interest Waiver (NIW) categories:
- EB-1A approval rate: 53.4% in Q4 FY2025
- EB-2 NIW approval rate: 35.66% in Q4 FY2025
For context, USCIS approved more than 90% of NIW petitions in FY2022. The decline over the past several fiscal years has been both substantial and rapid. The data also reflects a notable increase in Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and overall scrutiny at the final merits stage. USCIS officers appear to be applying a more demanding standard when evaluating whether a petitioner has demonstrated sustained national or international recognition (EB-1A) or whether the proposed endeavor has substantial merit and national importance sufficient to warrant a waiver of the labor certification requirement (NIW).
Importantly, meeting the minimum regulatory criteria or submitting extensive documentation does not guarantee approval. USCIS retains broad discretionary authority in both categories, and many well-qualified applicants are experiencing denials despite strong professional backgrounds and carefully prepared filings. Given the current adjudication trends, applicants should expect increased scrutiny regarding objective evidence of impact, independent recognition, and the broader significance of their work in the United States. While strong cases continue to be approved, the current environment is more restrictive than before.
If you have questions about how these trends may affect your case strategy or eligibility, we encourage you to contact our team for an individualized assessment.
USCIS Adjustment of Status Policy Memo
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, formally highlighting that adjustment of status (AOS) under INA § 245 is a matter of discretion and “administrative grace”. Broadly, the memo signals that USCIS will apply heightened scrutiny to AOS applications going forward, particularly for individuals who overstayed nonimmigrant status, violated the terms of their admission, or used humanitarian parole as a pathway to permanent residence.
In plain terms: meeting the eligibility requirements to adjust status is no longer enough on its own. Officers have now been directed to weigh an applicant’s immigration history, compliance with prior status, and whether consular processing abroad was a viable alternative. Applicants with any negative history will need to demonstrate “unusual or even outstanding equities” to overcome adverse factors.
The memo also requires officers to issue written explanations when denying on discretionary grounds, creating a clearer record for any appeal or federal litigation.
Importantly, this memo does not change eligibility requirements for any green card category. EB-1A, EB-1B, EB-2 NIW, PERM-based EB-2 and EB-3, and other employment-based pathways remain available. What changes is the lens through which USCIS reviews the AOS application itself. As such, we will continue to file AOS cases per usual while also monitoring for any further developments as a result of this guidance. Visit our trending topic here for more information.
USCIS Reportedly Re-Vetting Biometrics in Pending Adjustment Cases, Causing Processing Delays
While USCIS has not issued a broad public announcement confirming a formal “pause” on adjudications, the American Immigration Lawyers Associate (AILA) has confirmed through various credible sources that these delays are due to new security vetting process that took effect on April 27, 2026. Under this process fingerprints must be resubmitted for almost all pending cases for which fingerprints were previously submitted prior to April 27, 2026. This change follows the FBI granting USCIS “greater access to its criminal history database” allowing for more comprehensive security screening.
Importantly, these reports do not suggest that all applicants will be required to attend a new biometrics appointment. For many individuals, USCIS may simply reuse existing fingerprints and photographs already on file. However, some applicants are receiving fresh biometrics appointment notices where prior captures are outdated or cannot be reused. At this time, there is no indication that applicants need to take proactive action unless contacted directly by USCIS. Individuals who receive biometrics notices should attend appointments as scheduled to avoid further processing delays.
Update on USCIS Biometrics Policies
Due to reports of recent cases in which USCIS has applied biometrics policies in ways that appear inconsistent with prior adjudication practices (including instances where biometrics were not reused despite a recent biometrics appointment, as well as reportedly some requests for biometrics from U.S. citizen sponsors) we are providing the following update regarding USCIS’s current biometrics policies and practices.
- Who USCIS May Require Biometrics From: Under existing regulations, USCIS may collect biometrics from “any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States” in connection with an immigration or naturalization benefit request. See 8 C.F.R. § 103.2(b)(9). Although USCIS has not historically required biometrics from U.S. citizen sponsors in most case types, the agency does possess the regulatory authority to request biometrics where it determines such collection is necessary.
- Photograph Reuse Policy: On December 12, 2025, USCIS issued Policy Alert PA-2025-29, updating its guidance regarding the reuse of photographs collected during Biometrics Services Appointments (BSAs, also known as ASC Appointments). Under the revised policy, USCIS may reuse a previously collected BSA photograph only if, at the time of filing, no more than 36 months have passed since the photograph was taken. USCIS also clarified that it retains discretion to require a new photograph even within the 36-month period. In addition, certain applications (including Form N-400, Form N-600, Form I-485, and Form I-90) generally require the collection of new biometrics, including a new photograph, rather than reuse of prior photographs.
- Fingerprinting and Registration Requirements: USCIS has also expanded biometric collection in connection with implementation of noncitizen registration and identity verification requirements. Current guidance indicates that certain noncitizens age 14 or older who remain in the United States for 30 days or longer may be subject to registration and fingerprinting requirements if they have not already been registered and fingerprinted through another immigration process. In addition, children who entered the United States before age 14 and remain in the country may become subject to fingerprinting requirements upon turning 14 years old. Because implementation practices continue to evolve, applicants should expect the possibility of additional biometrics appointments even in cases where biometrics were previously collected.
These developments reflect a broader trend toward increased identity verification and discretionary biometrics collection across multiple immigration benefit categories. As a result, applicants may experience additional appointment notices, processing delays, or requests for updated biometrics even in circumstances where biometrics were previously reused as a matter of routine practice.
If you have any questions or concerns about USCIS’ biometrics policies, and whether/how you may be impacted, please reach out to your BIL attorney.
Increase in USCIS Filing Rejections Causing Delays and Case Disruptions
The American Immigration Lawyers Association (AILA) recently announced that it is collecting examples of erroneous USCIS filing rejections that practitioners nationwide report are resulting in repeated refilings, significant delays, added costs, and, in some cases, serious consequences for applicants and employers.
According to AILA, these issues may stem from training and adjudication inconsistencies within USCIS. Reported rejections have included filings rejected despite compliance with published USCIS requirements and longstanding filing practices.
While filing rejections are distinct from Requests for Evidence (RFEs) or denials, they can still have substantial consequences, including delayed start dates, lapses in work authorization, missed filing windows, and interruptions to immigration status strategies.
Our firm continues to take extensive measures to minimize filing risks, including careful review of forms, filing fees, signatures, and supporting documentation. However, clients should be aware that certain USCIS rejection trends currently appear to be outside the control of applicants and counsel, even where filings are properly prepared and timely submitted. When erroneous rejections occur, we take steps immediately to refile.
June 2026 Visa Bulletin Updates:
The U.S. Department of State has released the June 2026 Visa Bulletin, reflecting retrogression in the EB-1 and EB-2 categories. DOS warned that certain employment-based categories could become temporarily unavailable if annual numerical limits are reached before the close of Fiscal Year 2026. In its announcement, the DOS noted:
“High demand and number use by [noncitizens] chargeable to India in the EB-1 and EB-2 visa categories haves made it necessary to retrogress the final action dates to hold number use within the FY 2026 annual limit. Further retrogressions, or making the categories “unavailable,” may be necessary in the coming months if India’s pro-rated limits in the EB-1 or EB-2 categories are reached before the fiscal year ends. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
In the EB-2 category, India’s final action date retrogressed to September 1, 2013, while China remains at September 1, 2021; all other countries remain current for EB-2. The June Visa Bulletin offered modest advancement in the EB-3 category, with India advancing to December 15, 2013, and China to August 1, 2021. For all other countries, the EB-3 final action date remains June 1, 2024. We will continue to monitor.
CANADA BUSINESS IMMIGRATION UPDATES
New TR‑to‑PR Initiative: What Employers Need to Know
Canada has introduced new details about its long‑anticipated transition pathway from temporary residence (TR) to permanent residence (PR)—now referred to as the “In‑Canada Workers Initiative.” However, the program is more limited than many expected. Rather than creating a new application stream, the initiative currently focuses on fast‑tracking permanent residence applications that have already been submitted through existing immigration programs.
For employers, this distinction is important. Only workers who already have active PR applications — for example through the Provincial Nominee Program (PNP), Atlantic Immigration Program (AIP), or other pilot programs—may benefit from accelerated processing under this initiative. There is no new intake or application process, and eligible workers do not need to take any action, as IRCC is selecting candidates directly from its existing inventory.
The initiative is also highly targeted. To qualify, workers must generally have been living and working in smaller or rural communities for at least two years, reflecting the government’s ongoing focus on addressing labour shortages outside major urban centres. Overall, the government aims to transition up to 33,000 workers to permanent residence between 2026 and 2027, with at least 20,000 approvals expected in 2026.
For employers — particularly those operating in rural or regional areas — this initiative presents a meaningful opportunity to retain experienced foreign workers more quickly. Employees who are already embedded in the workforce and have submitted PR applications may see shorter processing times, helping reduce turnover risk and improve long‑term workforce stability.
However, employers should also note the program’s limited scope. This is not a broad pathway for all temporary workers in Canada, and it does not provide new options for employees who have not yet applied for permanent residence. As a result, employers should continue to take a proactive approach to workforce planning, ensuring eligible workers are supported in applying through established PR programs such as PNPs or regional pilots.
Express Entry Becoming More Competitive: What Employers Need to Know
Recent data shows that Canada’s Express Entry pool is becoming more competitive, even as the number of new candidates entering the system has slowed significantly. Between April 12 and April 26, 2026, the pool grew by just 897 profiles — a sharp drop of about 60% compared to the previous period. However, despite this slowdown, competition has intensified at the top end of the pool, where candidates with the highest scores continue to accumulate.
The most notable trend for employers is the continued growth of candidates with CRS scores above 500. During this same period, the 501–600 score range increased by 250 profiles, while the 601+ range also grew, largely driven by candidates receiving provincial nominations. This concentration of highly competitive candidates is pushing CRS cut‑off scores higher and making it more difficult for mid‑range candidates to receive invitations to apply (ITAs) for permanent residence.
At the same time, several mid‑range score bands (421–460) have declined, largely due to targeted draws — such as French‑language and trades selections — that have removed candidates from these ranges. Yet despite ongoing draws, the backlog of high‑scoring candidates remains significant. For example, a recent Canadian Experience Class draw issued only 2,000 ITAs with a high CRS cut‑off of 514, and the tie‑breaking rule reached back over seven months, highlighting the depth of competition at the top of the pool.
For employers, these trends signal a more competitive and less predictable Express Entry environment. Candidates who previously fell within typical invitation ranges may now face longer wait times unless they improve their CRS scores. As a result, employers should be prepared to take a more proactive and diversified approach when supporting foreign talent.
Quebec to Reopen Key PR Pathway: What Employers Should Know
Quebec has announced that it will reopen the Quebec Experience Program (PEQ) — one of its most important pathways to permanent residence — for a two‑year period. This decision marks a significant policy reversal, as the PEQ had been suspended in October 2024 and formally closed in November 2025 as part of broader immigration reforms.
For employers, the reopening signals a renewed opportunity to retain international graduates and temporary foreign workers who are already integrated into the Quebec labour market. Historically, the PEQ has been one of the fastest and most straightforward pathways to PR for candidates with Quebec education or work experience — particularly those with French language proficiency.
The Quebec government has indicated that the reopened PEQ will prioritize individuals who are already living in Quebec, speak French, and are integrated into local society. This aligns with the province’s broader immigration strategy, which continues to emphasize cultural and linguistic integration while maintaining controlled intake levels.
However, important program details — including eligibility criteria, application timelines, and intake limits — have not yet been released. As a result, while the announcement provides clarity on policy direction, there remains some uncertainty for both employers and candidates regarding how and when the program will reopen and what requirements will apply.
Until further details are announced, employers should continue supporting employees through existing pathways, such as Quebec’s skilled worker selection system or federal options (for those willing to relocate). At the same time, organizations should begin identifying workers who may be strong PEQ candidates once the program officially reopens.
Overall, Quebec’s decision to revive the PEQ reflects a renewed focus on retaining in‑province talent, offering employers a potentially powerful tool — once again — to support long‑term workforce stability.
NEW LEARNING OPPORTUNITIES
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.
