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: 14 minutes
U.S. BUSINESS IMMIGRATION UPDATES
ICYMI: Proposed $103,265 H-1B Fee Draws Significant Employer Attention
On August 25, 2026, the Department of Homeland Security (DHS) published a proposed rule that would impose a $103,265 fee on cap-subject H-1B petitions, including both regular cap and advanced-degree cap filings. The proposed fee would be paid when an employer files a selected cap-subject H-1B petition and would be in addition to existing filing fees. According to DHS, the proposal is intended to recover government costs associated with administering the H-1B program, with a substantial portion of the projected revenue directed to agencies outside USCIS.
If finalized, the fee would apply broadly to new cap-subject H-1B petitions filed both inside and outside the United States, including change-of-status cases. It would not apply to cap-exempt petitions, H-1B extensions, amendments, or most employer-to-employer H-1B transfers. Importantly, a petition denial would not automatically result in a refund of the fee.
The proposal is not yet in effect. The public comment period closed on September 24, 2026, after which DHS may revise, withdraw, or finalize the rule. Employers that rely on the H-1B cap should closely monitor developments and assess how a substantial increase in filing costs could affect future hiring plans and workforce strategy.
Read our comment on the proposed rule or follow our trending topic on this issue here.
ICYMI: $100,000 H-1B Fee Proclamation Extended, But Still Blocked by Court Order
President Trump recently signed a proclamation extending the controversial $100,000 payment requirement for certain H-1B workers seeking admission from abroad through September 2027. While the extension technically renews the policy, employers should note that the fee remains unenforceable due to a federal court ruling issued earlier this year that vacated the government’s implementation of the requirement. The administration has appealed the decision, but the government is not currently collecting the fee while the court order remains in effect. We will continue to monitor.
Executive Order Signals Increased H-1B and LCA Scrutiny
Issued alongside the extension of the $100,000 H-1B fee proclamation, a new executive order directs the Departments of Labor, Department of Homeland Security, and the Department of State to increase coordination when reviewing H-1B-related filings. The order specifically calls on agencies to consider whether sponsoring employers have conducted recent layoffs, anticipate future workforce reductions, or may be adversely affecting similarly situated U.S. workers. The order also directs the Department of Labor to review previously filed Labor Condition Applications (LCAs) for potential enforcement actions.
While the executive order does not immediately change H-1B eligibility requirements nor does it provide any specific guidance for its implementation, it signals heightened government scrutiny and may lead to increased audits, investigations, and requests for evidence involving H-1B employers.
DHS Proposes Rule Eliminating 60-Day Grace Period for Foreign National Employees
On August 6, 2026, the U.S. Department of Homeland Security (DHS) proposed a rule titled “Eliminating the Discretionary 60-Day Grace Period.” After receiving clearance from the Office of Information and Regulatory Affairs on August 27, DHS published the proposed rule in the Federal Register on September 11, 2026, with public comments accepted through November 10, 2026, via Regulations.gov.
The proposed rule would eliminate the 60-day grace period currently available to foreign nationals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status following the end of employment. According to DHS, the rule is intended to reduce administrative burdens and better align the applicable regulations.
If finalized as proposed, the rule could significantly reduce flexibility for foreign national workers facing job loss or employment changes and place greater pressure on employers to make hiring and sponsorship decisions quickly. It could also affect dependent family members and create additional maintenance of status issues for those pursuing lawful permanent residency.
As of now, the 60-day grace period remains in effect, the proposal may be revised or withdrawn before a final rule is issued, and any final rule could also be subject to legal challenge. Employers and foreign nationals should therefore continue following the existing rules while monitoring the proposal and considering proactive immigration planning as the rulemaking process moves forward.
Premium Processing Refunds and USCIS Processing Delays
Premium Processing allows employers to request expedited adjudication of certain immigration petitions in exchange for an additional government filing fee. While Premium Processing does not guarantee approval, USCIS is generally required to take a qualifying adjudicative action within a prescribed timeframe, which varies depending on the petition type.
Although USCIS is expected to meet these deadlines, there have been reports about delays in Premium Processing cases, with adjudications extending beyond the applicable processing window. When USCIS fails to take timely action, the agency generally must refund the Premium Processing fee but will continue processing the underlying petition.
Employers should closely track filing dates, receipt notices, and any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), as responding to an RFE or NOID typically restarts the Premium Processing clock. Employers should also keep in mind that Premium Processing timelines are distinct from USCIS’s regular processing times, which are only estimates and not guaranteed deadlines. Given ongoing adjudication backlogs and fluctuating agency workloads, employers are encouraged to plan immigration filings well in advance and assess upcoming work authorization or visa expiration dates early to determine whether Premium Processing may still provide strategic value.
I-9 and E-Verify Compliance: Recent Enforcement and Regulatory Developments
ICE recently updated its Form I-9 inspection guidance, signaling a continued focus on workplace compliance and enforcement. The guidance emphasizes that certain omissions and errors on Form I-9 may be treated as substantive violations that can result in penalties if discovered during a government audit.
Areas receiving heightened attention include incomplete employee attestations in Section 1, missing information in Section 2 document fields, deficient reverification records, improper use of remote document examination procedures, and failures to comply with electronic I-9 system requirements. Employers should review their I-9 processes, conduct periodic internal audits, and correct any identified issues using appropriate correction procedures before a government inspection occurs.
While some technical errors may still be correctable, employers generally lose opportunities to remediate substantive deficiencies once a Notice of Inspection has been served. Proactive audits remain one of the most effective tools for reducing potential liability. If you are interested in an audit, please reach out to your BIL attorney.
Court Vacates 75-Country Immigrant Visa Issuance Pause
The January 2026 pause on immigrant visa issuance for nationals of 75 countries is no longer in effect. On August 21, 2026, U.S. District Judge Jeannette A. Vargas issued a decision in CLINIC et al. v. Rubio et al. vacating the Department of State policy that categorically suspended immigrant visa issuance for nationals of 75 designated countries. The court held that the policy was contrary to law and exceeded the Department’s statutory authority. The judgment also vacated immigrant visa refusals based solely on the 75-country policy and remanded those cases to the Department of State for further proceedings consistent with the court’s order. The Department of State has confirmed that the pause is no longer in effect as of August 21, 2026.
Background:
Effective January 21, 2026, the Department of State paused immigrant visa issuance for nationals of 75 countries based on public charge and financial self-sufficiency concerns. The pause affected both family-based and employment-based immigrant visa applicants. While the policy was in effect, affected applicants generally could submit visa applications and attend interviews, but immigrant visas could not be issued under the policy. The pause did not apply to nonimmigrant visa categories, such as temporary visitor, student, or employment visas.
Practical Impact:
Applicants whose immigrant visas were refused solely under the 75-country policy should have their cases returned for further adjudication. However, the decision does not necessarily mean that a visa will be issued immediately or ultimately approved. Consular officers must still determine whether each applicant is otherwise eligible for the requested visa.
The ruling also does not eliminate the public charge ground of inadmissibility. Consular officers may continue to assess, on an individual basis, whether an applicant is likely to become a public charge. According to subsequent court filings, the Department of State identified more than 43,000 immigrant visa applications that had been refused solely under the invalidated policy. Questions also remain regarding how and when affected applicants will be notified and their cases reconsidered.
The ruling is limited to the 75-country immigrant visa issuance pause. It does not invalidate other restrictions that may independently affect visa issuance or admission. For example, Presidential Proclamation 10998 separately imposes full or partial visa and entry restrictions on nationals of 39 countries. Those restrictions remain distinct from the policy vacated in CLINIC v. Rubio.
The government filed an appeal on September 10, 2026. The district court’s judgment nevertheless remains in effect unless it is stayed or modified by a higher court. Employers and affected applicants should continue monitoring developments as the appeal proceeds.
Advance Parole Travel Carries New Risks for Certain Applicants (DACA)
As many organizations have reported, a recent Board of Immigration Appeals (BIA) decision may significantly increase the immigration risks associated with travel on Advance Parole for some foreign nationals, particularly those lawfully present under the DACA program. In Matter of Milagro Delcarmen-Lara, the BIA overruled a longstanding 2012 precedent that had protected certain individuals from triggering the three- and ten-year unlawful presence bars when traveling abroad with Advance Parole.
Under the new decision, individuals who accrued unlawful presence before departing the United States may face inadmissibility consequences upon return, even if they traveled using a valid Advance Parole document. The decision generally applies prospectively to travel occurring after August 13, 2026. Foreign nationals with a history of unlawful presence, including some adjustment of status applicants, DACA recipients, and others with complex immigration histories, should consult their BIL attorney before making international travel plans.
EB-5 Reform and Integrity Act Regulations Proposed
DHS has proposed new regulations to implement the EB-5 Reform and Integrity Act of 2022 (RIA). Public comments accepted through August 31, 2026. If finalized, the rule would formally incorporate many of the statutory changes enacted by Congress and reorganize the EB-5 regulations into a new section of the federal regulations.
Among the proposed changes are updated investment thresholds of $1,050,000 for standard investments, $1,400,000 for investments in high-employment areas, and $800,000 for investments in rural or high-unemployment areas. The proposal would also require EB-5 capital to remain invested for at least two years and would eliminate the “troubled business” category as a standalone path to eligibility. In addition, the rule would expand DHS enforcement authority through enhanced audits, fines, suspensions, and debarment measures, while requiring EB-5 promoters and certain marketers to register with the government. DHS states that the proposed regulations are intended to improve program integrity, increase consistency for investors and project developers, and align existing regulations with the reforms Congress enacted through the RIA.
October 2026 Visa Bulletin
The State Department has released the October 2026 Visa Bulletin, the first of Fiscal Year 2027. While dates advanced in several categories, some employment-based categories for Rest of World applicants retrogressed. EB-2 final action dates for Rest of World, Mexico, and the Philippines moved back from current to January 1, 2025, and EB-3 for Rest of World and Mexico moved back from September 1, 2024 to May 15, 2024. The State Department says these retrogressions are needed to keep visa issuance within FY 2027 limits and that it will continue to monitor the situation.
India saw welcome relief. EB-2 India reopened at November 1, 2013 after being unavailable, and EB-5 unreserved India reopened at December 1, 2023. EB-1 India advanced from October 15, 2022 to February 1, 2023.
USCIS has confirmed that applicants may use the Dates for Filing charts for both family-sponsored and employment-based adjustment of status filings in October. If you have questions about how the October bulletin affects your case, please contact your BIL attorney.
CANADIAN IMMIGRATION UPDATES
Canada Expands Foreign Workers’ Ability to Study Without a Study Permit
Canada has introduced a new temporary policy that provides greater flexibility for foreign workers seeking to pursue short-term education while working in Canada. Effective September 4, 2026, eligible work permit holders may study in programs of six months or less without obtaining a separate study permit. This applies even if the program extends beyond the period of stay originally authorized when they first entered Canada.
New Flexibility for Short-Term Study
Under previous rules, foreign nationals could generally study without a study permit only if the program could be completed within the period of stay initially granted upon entry to Canada. The new policy removes this limitation for individuals holding a valid work permit. This change provides additional flexibility for workers who wish to pursue professional development, skills training, certifications, or other short-term educational programs while remaining employed.
Implications for Employers and Foreign Workers
For employers, this change creates valuable opportunities for workforce development and employee retention. Foreign national employees can now more easily participate in short-term training and educational programs that support career advancement and skill enhancement without having to navigate a separate study permit process. This may be particularly beneficial in industries facing skills shortages, where ongoing training and professional development are critical to business operations.
The policy is temporary and is currently scheduled to remain in effect until December 31, 2027. However, the government retains the authority to end it earlier. Eligibility is limited to individuals who hold a valid work permit and who enroll in programs lasting no more than six months. The authorization to study remains tied to the validity of the work permit and ends when either the work permit expires or the policy itself is withdrawn.
This announcement reflects Canada’s continued efforts to improve flexibility for temporary foreign workers while helping employers develop and retain talent. Organizations may wish to review training and professional development opportunities available to their foreign national employees, as this policy may allow them to pursue additional education with fewer administrative barriers.
Canada Releases New Express Entry Pool Data
Immigration, Refugees and Citizenship Canada (IRCC) has released updated data on the composition of the Express Entry pool. The data provides valuable insight into the competitiveness of the current permanent residence landscape. As of September 13, 2026, there were 226,793 active profiles in the pool, representing a modest increase of 120 candidates over the previous reporting period.
More Candidates Are Scoring Above 500 CRS Points
The most notable trend is the continued growth in the number of high-scoring candidates. While the number of candidates in the 471–500 CRS range decreased by more than 2,000 profiles, the number of candidates with scores between 501 and 600 increased by 1,242, bringing the total number of candidates in that range to 20,784. Overall, more than 21,000 candidates now hold CRS scores above 500, reflecting a highly competitive environment for economic immigration.
For employers, these data reinforce the growing importance of employer-supported immigration strategies. Candidates with strong CRS scores remain well-positioned for invitations to apply. However, many skilled workers continue to face significant competition within the Express Entry system. Provincial nominee programs, LMIA-based pathways, and other employer-supported options may therefore play an increasingly important role in helping foreign national employees achieve permanent residence.
The latest figures also indicate that nearly 10% of all candidates in the Express Entry pool have scores above 500. More than 31% of candidates fall within the 451–500 range. This suggests that even relatively strong profiles may face challenges depending on future draw types and cut-off scores.
Implications for Employers and Foreign Workers
From a workforce planning perspective, employers should continue to assess the immigration status of key foreign national employees and identify those who may require additional support to secure permanent residence. As competition within Express Entry remains high, proactive planning and early identification of alternative pathways can help reduce retention risks and support long-term workforce stability.
We recommend reviewing the profiles of employees currently pursuing permanent residence to determine whether additional measures may be needed to improve their competitiveness under Canada’s evolving immigration system.
Stronger Canada–EU Ties Could Expand Mobility Opportunities
Recent discussions between Canada and the European Union may signal the beginning of a closer economic and mobility partnership. While no formal agreement has been reached, Canadian and European leaders have publicly discussed the possibility of a deeper relationship, including Canada potentially becoming the EU’s first-ever “associate member.” Areas of cooperation under discussion include energy, critical minerals, artificial intelligence, digital trade, and increased people-to-people mobility.
Of particular interest to employers and internationally mobile employees is the possibility of expanded work, study, and exchange opportunities between Canada and Europe. During recent discussions, Canadian officials highlighted the potential for stronger youth mobility programs and participation in European initiatives such as Erasmus+, which supports educational exchanges and international study opportunities.
For employers, any future mobility arrangements could further strengthen Canada’s position as a talent hub by providing Canadian citizens and permanent residents with additional opportunities to gain international experience across Europe. Increased mobility may also benefit multinational organizations seeking to transfer talent, attract globally minded professionals, and support international career development initiatives.
The developments may also be significant for individuals with Canadian ancestry. Following recent changes to Canada’s citizenship-by-descent rules, more individuals may be eligible to claim Canadian citizenship through their family lineage. If broader Canada-EU mobility arrangements are eventually implemented, Canadian citizens could gain access to additional educational, work, and exchange opportunities throughout Europe.
At this stage, the discussions remain preliminary, and no new mobility rights or immigration programs have been announced. However, the direction of policy suggests that Canada is seeking to deepen its economic and workforce ties with Europe. Employers with international operations should continue to monitor these developments, as they could create new opportunities for talent recruitment, workforce mobility, and global workforce planning in the coming years.
