IMMIGRATION UPDATE – April 13, 2026
HEADLINES
SAVE and E-Verify Release Updates on EADs Under TPS, Superseding Earlier Notices – The Systematic Alien Verification for Entitlements and E-Verify programs recently updated guidance on Employment Authorization Document validity in light of court orders affecting Temporary Protected Status for South Sudan, Ethiopia, Burma, Somalia, Haiti, and Syria, superseding earlier notices on the terminations of TPS for those countries.
DOL’s Proposed 2027 Budget Would Make OFLC a Separate DOL Agency – The Department of Labor’s (DOL) proposed budget for Fiscal Year 2027 would make the Office of Foreign Labor Certification (OFLC), currently under the Employment and Training Administration, a separate and independent DOL agency reporting directly to the Deputy Secretary.
FY 2027 Initial H-1B Registration Selection Process Completed – U.S. Citizenship and Immigration Services confirmed receipt of enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2027 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
USCIS Releases Update on Screening/Vetting of Foreign Nationals – U.S. Citizenship and Immigration Services outlined a series of actions it has implemented to screen and vet foreign nationals after issuance of related policy memoranda.
Supreme Court Hears Oral Arguments on Birthright Citizenship – The Supreme Court heard oral arguments on President Trump’s bid to eliminate “birthright citizenship” for children of undocumented and temporary foreign nationals in the United States. Under the executive order being challenged, the U.S. government would no longer recognize the U.S. citizenship of children born in the United States to temporary visa holders.
DOL Releases Long-Anticipated Prevailing Wage Proposed Rule – The Department of Labor DOL released a long-anticipated proposed rule that could significantly reshape prevailing wage requirements for H-1B, PERM, and related programs.
DOS Announces Expansion of Social Media Vetting to Additional Nonimmigrant Visa Classifications – Effective March 30, the agency will expand its “online presence review” to include applicants in additional nonimmigrant visa classifications: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U classifications. These are in addition to H-1B applicants and their dependents, and the F, M, and J student and exchange visitor visa applicants already subject to social media review.
Texas to Require Proof of Legal Status for Professional Licensing – The new ruling affects not only doctors and lawyers but also barbers, electricians, educational professionals, dog breeders, used car parts recyclers, cosmetologists, accountants, and others who obtain licenses to operate.
DETAILS
SAVE and E-Verify Release Updates on EADs Under TPS, Superseding Earlier Notices
The Systematic Alien Verification for Entitlements (SAVE) and E-Verify programs, under U.S. Citizenship and Immigration Services (USCIS), recently updated guidance on Employment Authorization Document (EAD) validity in light of court orders affecting Temporary Protected Status (TPS) for several countries, superseding earlier notices on the terminations of TPS for those countries.
- SAVE guidance was updated for South Sudan (April 10, 2026), Ethiopia (April 7, 2026), Burma (March 27, 2026), Somalia (March 27, 2026), Haiti (March 25, 2026), and Syria (March 24, 2026).
- E-Verify guidance was updated for South Sudan (April 10, 2026), Ethiopia (April 7, 2026), Burma (March 27, 2026), Somalia (March 27, 2026), Haiti (March 25, 2026), and Syria (March 24, 2026).
Affected TPS beneficiaries generally remain in valid status, and their EADs remain valid, subject to the applicable court orders and the country-specific guidance on the relevant USCIS TPS pages.
DOL’s Proposed 2027 Budget Would Make OFLC a Separate DOL Agency
The Department of Labor’s (DOL) proposed budget for Fiscal Year (FY) 2027 would make the Office of Foreign Labor Certification (OFLC), currently under the Employment and Training Administration, a separate and independent DOL agency reporting directly to the Deputy Secretary. “This new structure will enable OFLC to administer immigration and migration policies, regulations, and programs in a manner that optimizes performance, minimizes unnecessary use of resources, and ensures resiliency and continuity of operations that are customer centered,” the proposed budget states.
The proposed DOL FY 2027 budget requests $86,810,000 for OFLC:
This includes $63,528,000 and 220 FTE [full-time employees] for Federal Administration—with additional FTE funded from H-1B fees—to support the operation, management, and oversight of foreign labor certification programs. The Budget includes an increase of $2,000,000 and 10 FTE compared to the FY 2026 amounts shown within ETA. These additional resources will enhance OFLC’s case processing capacity, helping [DOL] meet statutory and regulatory processing deadlines and reduce average adjudication times amid rising workload demands. Additionally, [DOL] requests $23,282,000 to support State Workforce Agencies’ (SWA) foreign labor certification activities, such as reviewing employer job orders and conducting inspections of housing for agricultural workers. Through the State Grants appropriation, the Department provides annual grants to SWAs in the 50 states and U.S. territories to fund employment-based immigration activities that are required components of the various foreign labor certification programs.
FY 2027 Initial H-1B Registration Selection Process Completed
On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2027 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
USCIS has notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition. Registrants’ online accounts will display their registration status.
USCIS said that H-1B cap-subject petitions for FY 2027, including petitions eligible for the advanced degree exemption, may be filed with USCIS as of April 1, 2026, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2027.
The period for filing the H-1B cap-subject petition will be at least 90 days, USCIS noted. Petitioners must include a copy of the applicable selection notice with the FY 2027 H-1B cap-subject petition. USCIS will only accept the 02/27/26 edition of the Petition for a Nonimmigrant Worker (Form I-129).
USCIS noted that the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, requires certain H-1B petitions filed on or after September 21, 2025, to be accompanied by an additional $100,000 payment as a condition of eligibility.
USCIS Releases Update on Screening/Vetting of Foreign Nationals
On March 30, 2026, U.S. Citizenship and Immigration Services (USCIS) released an update on its “strict screening and vetting of foreign nationals seeking entry or immigration benefits” based on recent executive orders and guidance.
Among other things, USCIS outlined a series of actions it has implemented after issuance of related policy memoranda. USCIS said that over the past several months, it has reviewed and updated screening and vetting practices, including:
- Shortening validity periods for certain Employment Authorization Documents to require more frequent security checks;
- Updating photograph reuse policies to strengthen identity verification, including biometric identity verification when reusing fingerprints;
- Increasing social media and financial vetting and community interviews;
- Launching Operation PARRIS to conduct additional background checks, re-interviews, and merit reviews of refugee claims, led by the USCIS Vetting Center;
- Developing system connectivity for automatic notifications of biometric matches and new criminal information; and
- Requiring final arrest encounter reviews and Department of State Consular Consolidated Database checks before final adjudication.
USCIS also says it has “established an internal process for lifting holds on individual or group cases,” requiring multi-office review. USCIS reports that holds have already been lifted for limited categories, including certain employment authorization documents, certain petitions filed by U.S. citizens, certain rescheduled oath ceremonies, and asylum cases from “non high-risk” countries, among others, but USCIS did not define what qualifies as “certain” in each category or publish timelines for broader hold lifting.
Supreme Court Hears Oral Arguments on Birthright Citizenship
On April 1, 2026, the Supreme Court heard oral arguments in Trump v. Barbara on President Trump’s bid to eliminate “birthright citizenship” for children of undocumented and temporary foreign nationals in the United States. Under the executive order being challenged, the U.S. government would no longer recognize the U.S. citizenship of children born in the United States to temporary visa holders, including F-1 students, J-1 exchange visitors, and H-1B and L-1 nonimmigrant workers.
While the outcome is uncertain, the government attorneys faced tough questions from the justices. A win for the government would fundamentally shift birth in the United States from conferring permanent citizenship to merely granting temporary, contingent immigration status dependent on a parent’s status. The 14th Amendment of the Constitution guarantees citizenship to babies born in the United States who are “subject to the jurisdiction of the United States” at the time of their birth. The arguments focused on what the phrase “subject to the jurisdiction of the United States” means.
A ruling in the government’s favor would require that the parents of all children born in the United States establish certain domicile requirements for their children to become U.S. citizens. Because the United States has no central registry of its citizens, one would have to be created, and every U.S. citizen would have to be able to prove not only the location of their birth but also that their parents were U.S. citizens or green card holders at the time of their birth.
A ruling is expected in late June. One question is whether the Justices will rule on narrower statutory or broader constitutional grounds.
DOL Releases Long-Anticipated Prevailing Wage Proposed Rule
On March 27, 2026, the Department of Labor (DOL) released a long-anticipated proposed rule that could significantly reshape prevailing wage requirements for H-1B, PERM, and related programs.
The proposal would revise how prevailing wages are calculated for PERM labor certifications for green card applications and Labor Condition Applications (LCAs) used in H-1B, H-1B1, and E-3 nonimmigrant filings. The rule would raise the minimum wages that must be offered for employers to sponsor H-1B workers and employment-based green cards. It follows years of litigation and regulatory uncertainty stemming from an October 2020 interim final rule (IFR) and subsequent agency actions.
The proposed rule would not eliminate the ability of employers to use private wage surveys meeting current DOL standards. For employers who can’t use the Occupational Employment and Wage Statistics (OEWS) wage survey due to incompatibility between their job descriptions and the OEWS wage-leveling system, this continuity will be critical to their H-1B and PERM programs.
DOL said that these changes are intended to better reflect wages paid to similarly employed U.S. workers and reduce the potential for wage undercutting. As a practical matter, however, by eliminating the current entry-level wage classification and requiring entry-level workers to be offered wages currently at Level II in the OEWS wage system, many smaller employers and nonprofit employers could be shut out of the H-1B and PERM system.
The rule would not retroactively affect previously issued prevailing wage determinations, LCAs, or PERM applications. The effective date is not yet set; the DOL will receive comments until May 26, 2026.
DOS Announces Expansion of Social Media Vetting to Additional Nonimmigrant Visa Classifications
On March 25, 2026, the Department of State (DOS) announced that effective March 30, the agency will expand its “online presence review” to include applicants in additional nonimmigrant visa classifications: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U classifications. These are in addition to H-1B applicants and their dependents, and the F, M, and J student and exchange visitor visa applicants already subject to social media review.
To facilitate this vetting, DOS said, all applicants for these categories are instructed to adjust the privacy settings on all of their social media profiles to “public” or “open.”
Reportedly, social media vetting of H-1B applicants has resulted in “immense backlogs at U.S. consulates.”
Texas to Require Proof of Legal Status for Professional Licensing
According to reports, on March 24, 2026, Texas’ Commission of Licensing and Regulation approved a new rule, effective May 1, 2026, to require applicants for professional licenses to provide proof of legal status in the United States before they can obtain a license. The new ruling affects not only doctors and lawyers but also barbers, electricians, educational professionals, dog breeders, used car parts recyclers, cosmetologists, accountants, and others who obtain licenses to operate.
Caroline Espinosa, a spokesperson for the Texas Department of Licensing and Regulation, which is overseen by the Commission, said that “the department is moving forward with lawful presence verification. This ensures consistent, secure practices across all programs and strengthens our ability to identify and deter fraud, labor exploitation, and human trafficking.”
Some raised concerns about the new rule. Democratic state Sen. Sarah Eckhardt of Austin, who is campaigning for comptroller of public accounts, said, “Texas cannot afford to lose qualified and skilled licensees in these high-demand jobs. The impact of TDLR’s proposed rule is likely more far-reaching than what was initially assessed by the agency.”
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PUBLICATIONS AND ITEMS OF INTEREST
Know your rights. A number of organizations, including the American Civil Liberties Union (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, and the Asian Law Caucus, have published resources highlighting immigrants’ rights in the United States, including “know your rights” information and what documents they may want to carry when traveling inside the United States. The ACLU of Northern California has also released Know Your Rights: U.S. Airports and Ports of Entry.
See also Information for Employers — “What to Do if Immigration Comes to Your Workplace” : NELP_EmployerGuide_Eng_2025_Final-.pdf.
IMMIGRATION AGENCY INFORMATION/PROCESSING TIMES
U.S. Customs and Border Protection:
Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/home
Department of Labor:
PERM and Prevailing Wage Processing Times: https://flag.dol.gov/processingtimes
State Department:
Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas.html
Monthly Immigrant Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
U.S. Citizenship and Immigration Services:
Processing Times: https://egov.uscis.gov/processing-times/
Case Status Online: https://egov.uscis.gov/
GOVERNMENT ENGAGEMENTS
E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.
SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.
Immigration agency X (formerly Twitter) accounts:
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration
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This information was prepared in collaboration with ABIL, the Alliance of Business Immigration Lawyers, comprised of twenty U.S. immigration lawyers who head some of the top immigration practices in the country. Larrabee Albi Coker LLP is an active member of ABIL.
Legal Disclaimer: This information is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.