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.
Estimated reading time: 9 minutes
U.S. BUSINESS IMMIGRATION UPDATES
DHS Proposes Ending Deference to Prior Approvals for Nonimmigrant Worker Extensions
On October 14, 2026, DHS published a proposed rule that would eliminate the regulation requiring USCIS to generally defer to a prior approval when adjudicating a Form I-129 petition involving the same parties and the same underlying facts. Deference most often applies to extension requests for H-1B, L-1, O-1, TN, E, and other nonimmigrant workers. If the rule is finalized, officers could still consider a prior approval, but each extension would be reviewed on its own record, and DHS itself expects the change to increase Requests for Evidence. This is only a proposal, and deference remains in effect for now. Public comments are due by November 13, 2026.
DHS Finalizes End of Automatic EAD Extensions
On October 14, 2026, DHS published a final rule adopting, without changes, its October 30, 2025 interim final rule that ended automatic extensions of employment authorization documents (EADs) for timely filed renewal applications. Renewals filed on or after October 30, 2025 do not receive the automatic extension of up to 540 days that was previously available, so an applicant whose renewal is still pending when the current EAD expires must stop working unless authorized on another basis. Renewals filed before October 30, 2025 keep their automatic extension, and TPS-related extensions provided by Federal Register notice are not affected. EAD holders, including adjustment of status applicants and H-4 spouses, should plan to file renewals as early as permitted, generally up to 180 days before expiration.
DOS Directs Posts to Resume Immigrant Visa and Diversity Visa Processing
As we reported in September, a federal court vacated the State Department’s suspension of immigrant visa issuance to nationals of 75 countries, and the Diversity Visa issuance pause was later lifted following a separate court order. On September 10, 2026, reports indicate that DOS issued a cable instructing U.S. embassies and consulates to resume processing and issuing immigrant visas and Diversity Visas once consular officers complete new public charge assessment training. Resumed processing does not guarantee issuance, and applicants must still meet all eligibility requirements, including the public charge ground of inadmissibility. Applicants whose interviews were postponed should check with their consular post regarding rescheduling.
DOS Updates Its FOIA Regulations
On September 21, 2026, DOS published a final rule amending its regulations governing public access to information under its control, effective October 21, 2026. The rule implements the Freedom of Information Act (FOIA) Improvement Act of 2016 and updates the procedures for submitting FOIA requests and administrative appeals, including directing requesters to the Department’s FOIA website for the list of offices that accept them. It also clarifies how DOS verifies identity for requests seeking a person’s own records or the records of a third party. FOIA requests are often used to obtain visa records and other files that can be helpful in pending or future cases.
DHS Proposes $70,000 Fee for Optional Practical Training
On October 8, 2026, DHS published a proposed rule that would require SEVP-certified schools to pay $70,000 the first time they recommend an F-1 student for any type of Optional Practical Training (OPT), and $30,000 for each later recommendation, including the 24-month STEM OPT extension. USCIS could not approve the OPT work authorization until the school pays. Although schools would pay the fee, DHS acknowledges that they could pass the cost on to students or employers. The rule is not final, and current OPT and STEM OPT processes remain unchanged. If finalized, the fees would apply to recommendations made on or after the rule’s effective date, which DHS proposes to set 60 days after publication of the final rule. Public comments are due by November 9, 2026.
DOL Suspends Microsoft, Adobe, and Six IT Firms from the PERM Program
On October 8, 2026, Labor Secretary Keith Sonderling announced that the Department of Labor is suspending Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini from the PERM labor certification program. DOL states that it will not accept new applications or process pending applications involving these companies. Officials cited active federal investigations, including criminal investigations by the DOL Inspector General. The suspension applies to PERM only and does not revoke existing H-1B status, but employer-sponsored green card cases for affected employees cannot move past the PERM stage while it remains in place. No end date has been announced. This does not impact other employers at this time.
DOL Launches J-1 Investigations into Nine Universities
On October 8, 2026, the Department of Labor’s Office of Inspector General announced investigations into J-1 exchange visitor use at Harvard, Yale, Stanford, Brown, MIT, Caltech, UC Davis, Arizona State, and the University of Pittsburgh. Subpoenas have been served, and officials said they will examine whether the universities used the J-1 classification to avoid employment obligations or undermine American workers, as well as possible foreign influence in federally funded research. No individual J-1 holders have been accused of wrongdoing. Other J-1 sponsors may wish to review their exchange visitor programs for compliance.
November 2026 Visa Bulletin
The U.S. Department of State has released the November 2026 Visa Bulletin. EB-2 final action dates for Rest of World, Mexico, and the Philippines advanced three months to April 1, 2025, while EB-3 dates for Rest of World and Mexico moved forward one month to June 15, 2024. EB-3 Other Workers for Rest of World and Mexico advanced five months to June 1, 2022. Movement for China and India was modest. EB-1 China advanced one month to August 1, 2023. EB-3 China advanced two weeks to January 22, 2022, while EB-3 India advanced three weeks to January 22, 2014. EB-1 and EB-2 India remained unchanged. EB-4, EB-5 unreserved, and EB-5 set-aside final action dates also remained unchanged across all countries.
Dates for Filing remained unchanged for most employment-based categories and countries, with the exception of EB-3 Other Workers for Rest of World and Mexico, which advanced one month to July 1, 2022. USCIS has confirmed that applicants in both family-sponsored and employment-based preference categories may use the Dates for Filing chart for adjustment-of-status applications in November, provided they meet the other eligibility requirements.
CANADIAN IMMIGRATION UPDATES
Canada Enhances Procedural Fairness for Employer-Specific Work Permit Applications
Immigration, Refugees and Citizenship Canada (IRCC) has introduced an important policy change that strengthens procedural fairness for employers and foreign nationals applying for employer-specific work permits. Effective September 17, 2026, immigration officers are no longer permitted to summarily refuse a work permit application solely because they have concerns about the genuineness of a job offer. Instead, officers must first provide the applicant and employer with an opportunity to respond.
Procedural Fairness Letters and Employer Responses
Under the updated guidance, if an officer questions the authenticity or legitimacy of a job offer, they must issue a Procedural Fairness Letter (PFL) outlining their specific concerns. The application must then be placed on hold while the employer is given an opportunity to provide supporting evidence directly to IRCC. Employers generally have 15 days to respond, and officers must allow additional time before making a final decision.
This change is particularly significant for employers sponsoring foreign workers through both the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). Previously, officers had broader discretion to refuse applications without first seeking clarification, creating uncertainty for both employers and employees. The new process provides employers with a meaningful opportunity to address concerns and demonstrate the legitimacy of the employment relationship before a refusal is issued.
IRCC has also clarified several aspects of its genuineness assessment. Notably, a physical worksite is no longer expressly required in all circumstances, and home-based businesses may qualify if they are operating legitimately. Officers are also expected to take a more holistic approach when assessing whether a business is actively engaged in operations. At the same time, the government has reaffirmed that entities created solely to facilitate immigration applications will not qualify.
Key Considerations for Employers
For employers, these updates reinforce the importance of maintaining clear documentation relating to business operations, recruitment needs, employment contracts, and the rationale for hiring foreign workers. While the changes do not lower eligibility requirements, they do provide additional safeguards and a clearer process when concerns arise during adjudication.
Overall, the revised guidance is a positive development for employers and foreign nationals alike, providing greater transparency and reducing the risk of unexpected refusals based solely on concerns that could otherwise have been addressed through additional evidence.
Major Express Entry Reforms Take Effect November 3, 2026
The Government of Canada has announced significant changes to the Express Entry system aimed at better aligning economic immigration with labour market needs. Effective November 3, 2026, candidates with qualifying experience or job offers in high-wage occupations will receive additional points under a new Labour Market Integration Factor (LMIF) within the Comprehensive Ranking System (CRS).
New CRS Points for High-Wage Occupations
Under the new system, candidates may receive up to 100 additional CRS points for a qualifying high-wage job offer, or up to 150 points through a combination of Canadian work experience and employment in a designated high-wage occupation. The reforms target 186 occupations that meet specific wage thresholds tied to the national median wage and are intended to prioritize workers who are expected to have stronger economic outcomes in Canada.
A particularly notable change for employers is the removal of the LMIA requirement for Express Entry job offers. Beginning November 3, employers will no longer need to obtain a Labour Market Impact Assessment (LMIA) for a job offer to qualify for CRS points or to satisfy job-offer requirements under the Federal Skilled Worker Program or Federal Skilled Trades Program. While job offers will still be reviewed for genuineness and program compliance, this change is expected to reduce administrative burdens and simplify the process for both employers and candidates.
Implications for Employers and Foreign Workers
For employers seeking to attract and retain talent, these reforms may significantly improve the permanent residence prospects of employees working in higher-paid occupations. Organizations in sectors such as engineering, skilled trades, healthcare, technology, and other high-demand fields may find that key employees become more competitive under Express Entry without the need to pursue LMIA-based support solely for CRS purposes.
Candidates already in the Express Entry pool will have their profiles automatically recalculated under the new scoring system. However, individuals seeking points for a qualifying job offer should ensure that their Express Entry profiles are updated with complete and accurate employment information before November 3. IRCC has indicated that invitation rounds may be temporarily paused while profile recalculations are completed.
These changes represent one of the most significant reforms to Express Entry in recent years and underscore Canada’s continued focus on attracting and retaining highly skilled workers who contribute to economic growth. Employers should consider reviewing their foreign national population to identify employees who may benefit from the new system and reassess long-term permanent residence strategies accordingly.
