IMMIGRATION UPDATE – March 26, 2026
HEADLINES
USCIS Reaches H-2B Cap for Second Half of FY 2026; Filing Dates Now Available for Supplemental Visa Allocations – U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the H-2B temporary nonagricultural worker statutory cap for the second half of Fiscal Year (FY) 2026. USCIS also announced that filing dates for the second and third allocations of the supplemental H-2B visas for FY 2026 are now available.
‘Keep Innovators in America Act’ Would Codify OPT Program – A newly introduced bipartisan bill would codify the Optional Practical Training program for international students in the United States. The bill is aimed at attracting and retaining U.S.-trained talent.
DOS Adds 12 More Countries to List Subject to Visa Bonds for B-1/B-2 Visas – A citizen or national traveling on a passport issued by one of the listed countries who is found otherwise eligible for a B-1 or B-2 visa must post a bond for $5,000, $10,000, or $15,000. The amount is determined at the time of the visa interview.
April Visa Bulletin Advances Filing and Final Action Dates for Immigrant Visa Numbers in Various Categories – Immigrant visa issuance rates for people from certain countries have decreased. Consequently, to make visas available to prospective immigrants from other countries, the dates for filing and final action dates have been advanced across various immigrant visa categories.
DOS Final Rule Amends Diversity Visa Program Documentation Requirements – The new amendments require a DV petitioner to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or to otherwise indicate that the applicant is exempt.
USCIS Updates Guidance on Automatic Extensions of Work Authorization for TPS Beneficiaries – USCIS said that if a TPS beneficiary presents a TPS-based Employment Authorization Document (EAD) and timely filed a renewal application that was pending on or filed after July 22, 2025, but before October 30, 2025, their automatic extension is limited to one year or the duration of TPS, whichever is shorter.
SAVE Releases Updates on TPS for Several Countries – In response to recent court orders, U.S. Citizenship and Immigration Services’ Systematic Alien Verification for Entitlements (SAVE) program and E-Verify released updates on Temporary Protected Status for Burma, Ethiopia, Haiti, South Sudan, and Syria.
Global Entry Program Restarted Amid Partial DHS Shutdown – The Global Entry Program, which the Trump administration had paused amid a partial Department of Homeland Security shutdown due to a lapse in funding, was reactivated on March 11, 2026.
Middle East: Alert for Employers and Travelers – Recommendations for employers and travelers as instability spreads across the Middle East amid the U.S.-Israel conflict with Iran.
Appeals Court Allows Haitian TPS to Remain Pending Further Litigation – The Trump administration is widely expected to appeal the decision to the Supreme Court.
Yemen TPS to End on May 4, 2026 – The Department of Homeland Security published a notice terminating the Temporary Protected Status designation for Yemen effective May 4, 2026.
U.S. Reportedly Sets Goal of Processing 4,500 South Afrikaner Refugee Applications Per Month – To accomplish this goal, trailers are being set up on U.S. Embassy property in Pretoria.
Know Your Rights –A new California law, the California Workplace Know Your Rights Act (SB 294), requires all employers to provide employees with a Know Your Rights advisory, covering workplace protections ranging from immigration-related rights to constitutional protections during law-enforcement interactions. The law is effective February 1, 2026.
DETAILS
USCIS Reaches H-2B Cap for Second Half of FY 2026; Filing Dates Now Available for Supplemental Visa Allocations
On March 20, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the H-2B temporary nonagricultural worker statutory cap for the second half of Fiscal Year (FY) 2026. March 10, 2026, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1 and before October 1, 2026.
USCIS also announced that filing dates for the second and third allocations of the supplemental H-2B visas for FY 2026 are now available. The supplemental visas are available only to U.S. businesses that “are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form” under a temporary final rule authorizing H-2B supplemental visas for FY 2026, USCIS said. To assist U.S. businesses that need workers to begin work on different start dates, the supplemental visas are being distributed in three allocations, USCIS said:
- The first allocation for employment start dates from January 1 through March 31, 2026, included 18,490 visas limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2023, 2024, or 2025. As of February 6, 2026, USCIS had received enough petitions to reach the cap for this allocation.
- The second allocation for employment start dates from April 1 through April 30, 2026, includes 27,736 visas, plus any unused visas from the first allocation, limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2023, 2024, or 2025. Employers must file these petitions between March 25, 2026, and April 23, 2026.
- The third allocation for employment start dates from May 1 through September 30, 2026, includes 18,490 visas, plus any unused visas from the first and second allocations. Employers must file these petitions between April 24, 2026, and September 15, 2026.
‘Keep Innovators in America Act’ Would Codify OPT Program
A bipartisan bill, the “Keep Innovators in America Act” (H.R. 8013), would codify the Optional Practical Training (OPT) program for international students in the United States. Introduced on March 19, 2026, by Reps. Sam Liccardo (D-CA), Jay Obernolte (R-CA), and Raja Krishnamoorthi (D-IL), the bill is aimed at attracting and retaining U.S.-trained talent.
Rep. Obernolte said, “At a time of intensifying global competition, it is not in our national interest to educate the world’s most talented students in American institutions only to send them abroad to compete with us. This legislation ensures that we can retain top talent in critical fields on a temporary basis while strengthening American innovation and maintaining strong oversight and respect for our immigration laws.”
Benjamin Johnson, Executive Director of the American Immigration Lawyers Association (AILA), said that international students “contribute more than $40 billion annually to the U.S. economy and support hundreds of thousands of American jobs.” Scott Corley, Executive Director of Compete America, said the OPT program “has played a key role in sustaining America’s global technology leadership. For decades, OPT has helped ensure that the world’s best STEM [science, technology, engineering, and mathematics] students—educated at U.S. universities—can contribute to our economy, strengthen our workforce, and drive innovation here at home rather than abroad. At a time when the United States faces increasing global workforce competition in critical and emerging technology fields, maintaining and strengthening this pathway through statutory codification is an essential step toward keeping top talent in the United States and ensuring our economy, national security, and innovation ecosystem remain the strongest in the world.”
The “U.S. for Success Coalition,” a group of more than 50 organizations, supports the bill. Its endorsement list also includes the Compete America Coalition, Technet, the Information Technology Industry Council (ITI), FWD.us, AILA, the Presidents’ Alliance on Higher Education and Immigration, the Council of Graduate Schools, NAFSA: Association of International Educators, AIRC: The Association of International Enrollment Management, AIFS: American Institute for Foreign Study; the American Association of Collegiate Registrars and Admissions Officers, Global Detroit, EnglishUSA, Studyportals, the Alliance for International Exchange, TESOL International Association, and Shorelight, LLC.
DOS Adds 12 More Countries to List Subject to Visa Bonds for B-1/B-2 Visas
On March 18, 2026, the Department of State (DOS) added 12 countries to the list of those subject to visa bonds for persons traveling to the United States on temporary B-1 (business) and B-2 (visitor) visas. The newly added countries include Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Nicaragua, Papua New Guinea, Seychelles, and Tunisia. The list includes the implementation date for each country.
DOS noted that a citizen or national traveling on a passport issued by one of the listed countries who is found otherwise eligible for a B-1 or B-2 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 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 the place of application, DOS said.
Applicants should submit Form I-352 to post a bond only after a consular officer directs them to do so, DOS advised. Applicants will receive a direct link to pay through Pay.gov. They must not use any third-party website for posting the bond. If someone pays fees without a consular officer’s direction, the fees will not be returned, DOS said. A bond does not guarantee visa issuance.
A temporary final rule, published in the Federal Register on August 5, 2025, established the pilot program.
April Visa Bulletin Advances Filing and Final Action Dates for Immigrant Visa Numbers in Various Categories
The Department of State’s Visa Bulletin for April reports, among other things, that immigrant visa issuance rates for people from certain countries have decreased. Consequently, to make visas available to prospective immigrants from other countries, the dates for filing and final action dates have been advanced across various immigrant visa categories.
The bulletin notes that as additional immigrant visa demand materializes, or administration actions are amended, retrogression may be necessary later in the fiscal year to keep issuances within annual limits.
DOS Final Rule Amends Diversity Visa Program Documentation Requirements
On March 11, 2026, the Department of State (DOS) published a final rule amending regulations governing the Diversity Visa (DV) program.
The new amendments require a DV petitioner to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or to otherwise indicate that the applicant is exempt from this requirement.
Additionally, the Department is standardizing and amending its regulations to add the word “shall” to simplify guidance for consular officers; ensure the use of the term “sex” in lieu of “gender”; and replace the term “age” in the DV regulations with the phrase “date of birth.”
DOS noted that it has historically encountered millions of fraudulent DV program entries, including entries submitted by third parties, some of them criminal enterprises, on behalf of individuals without their knowledge or consent. In DV-2025, for example, DOS discovered 2.5 million fraudulent entries. “Unauthorized third parties often contact these individuals, inform them of the opportunity to apply for a diversity immigrant visa (‘‘DV’’), and withhold the entry information unless the individual pays a large fee or agrees to participate in fraudulent activities. Upon submitting an entry, an entrant receives a unique confirmation number, without which it is impossible to confirm whether the entrant was selected to continue the DV process,” DOS noted. The agency advises entrants to retain the confirmation number and notes that DOS “will not replace or provide it in the future.”
USCIS Updates Guidance on Automatic Extensions of Work Authorization for TPS Beneficiaries
On March 13, 2026, U.S. Citizenship and Immigration Services (USCIS) updated its guidance on automatic extensions of work authorization for Temporary Protected Status (TPS) beneficiaries.
Specifically, USCIS said that if a TPS beneficiary presents a TPS-based Employment Authorization Document (EAD) and timely filed a renewal application that was pending on or filed after July 22, 2025, but before October 30, 2025, their automatic extension is limited by H.R. 1 (the One Big Beautiful Bill Act) to one year or the duration of TPS, whichever is shorter. They are not eligible for an up-to-540-day extension, even if it is listed on their EAD renewal receipt notice.
USCIS noted that if the Form I-797C receipt notice has a “Received Date” of July 21, 2025, or earlier, the up-to-540-day automatic extension applies; however, any part of this extension that falls after July 22, 2025, cannot last longer than one year from this date or for the duration of the TPS designation period, whichever is shorter.
SAVE Releases Updates on TPS for Several Countries
In response to recent court orders, U.S. Citizenship and Immigration Services’ (USCIS) Systematic Alien Verification for Entitlements (SAVE) program and E-Verify released updates on Temporary Protected Status (TPS) for several countries:
- Following a court order in Aung DOE v. Noem, the termination of TPS for Burma, which had been set for January 26, 2026, is stayed and beneficiaries’ status and work authorization (categories A12 and C19) have been extended, according to a SAVE announcement issued on March 12, 2026. Because this case is in “active litigation,” USCIS advised checking the TPS Burma page for any updates.
E-Verify said that the validity of Employment Authorization Documents (EADs) issued under the TPS designation of Burma with an original expiration date of November 25, 2025, May 25, 2024, or November 25, 2022, is also extended. E-Verify said that when completing the Expiration Date (if any) fields on Form I-9, employers should input “as per court order” in Section 1 and “March 15, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Burma webpages and attach them to Form I-9. When completing a case in E-Verify for these beneficiaries, the employer should enter the expiration date of “March 15, 2026” from the I-9.
- Following a court order in African Communities Together v. Noem, the termination of TPS for Ethiopia, which had been set for February 13, 2026, is stayed and beneficiaries’ status and work authorization (categories A12 and C19) have been extended, according to a SAVE announcement issued on March 12, 2026. Because this case is in “active litigation,” USCIS advised checking the TPS Ethiopia page for any updates.
E-Verify said that when completing the Expiration Date (if any) fields on Form I-9, employers should input “as per court order” in Section 1 and “April 8, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Ethiopia webpages and attach them to Form I-9. When completing a case in E-Verify for these beneficiaries, the employer should enter the expiration date of “April 8, 2026” from the I-9.
- Following a court order in Miot v. Trump, the termination of TPS for Haiti, which had been set for February 3, 2026, is stayed and beneficiaries’ status and work authorization (categories A12 and C19) have been extended. USCIS noted that the new guidance on this extension, released on March 13, 2026, supersedes SAVE’s previous message posted on February 14, 2026, regarding termination of Haiti TPS. Because this case is in “active litigation,” USCIS advised checking the TPS Haiti page for any updates.
E-Verify said that when completing the Expiration Date (if any) fields on Form I-9, employers should input “as per court order” in Section 1 and “March 15, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpages and attach them to Form I-9. When completing a case in E-Verify for these beneficiaries, the employer should enter the expiration date of “March 15, 2026” from the I-9.
- South Sudan. Following a court order in African Communities Together v. Noem, the termination of TPS for South Sudan, which had been set for January 5, 2026, is stayed and beneficiaries’ status and work authorization (categories A12 and C19) have been extended, according to a SAVE announcement issued on March 12, 2026. Because this case is in “active litigation,” USCIS advised checking the TPS South Sudan page for any updates.
E-Verify said that when completing the Expiration Date (if any) fields on Form I-9, employers should input “as per court order” in Section 1 and “April 10, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS South Sudan webpages and attach them to Form I-9. When completing a case in E-Verify for these beneficiaries, the employer should enter the expiration date of “April 10, 2026” from the I-9.
- Following a court order in Dahlia Doe v. Noem, the termination of TPS for Syria, which had been set for November 21, 2025, is stayed and beneficiaries’ status and work authorization (categories A12 and C19) have been extended, according to a SAVE announcement issued on March 12, 2026. Because this case is in “active litigation,” USCIS advised checking the TPS Syria page for any updates.
E-Verify said that when completing the Expiration Date (if any) fields on Form I-9, employers should input “as per court order” in Section 1 and “March 13, 2026” in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS South Sudan webpages and attach them to Form I-9. When completing a case in E-Verify for these beneficiaries, the employer should enter the expiration date of “March 13, 2026” from the I-9.
Global Entry Program Restarted Amid Partial DHS Shutdown
The Global Entry Program, which the Trump administration had paused amid a partial Department of Homeland Security (DHS) shutdown due to a lapse in funding, was reactivated on March 11, 2026. The program allows U.S. citizens and permanent residents to expedite their reentry into the United States after traveling abroad.
The reactivation follows reports of lengthy delays in processing travelers at airports. A pause on the T.S.A. PreCheck expedited security program was also quickly restarted. The DHS shutdown continues, although many of the agency’s functions are continuing while existing funds remain.
Middle East: Alert for Employers and Travelers
As instability spreads across the Middle East amid the U.S.-Israel conflict with Iran, widespread travel and security disruptions are creating significant uncertainty, with travelers stranded and commercial operations interrupted. Escalating security developments are significantly affecting inbound and outbound travel to Gulf nations, as well as U.S. citizen services and immigrant and nonimmigrant visa processing at U.S. consular posts throughout the region. There are reported widespread appointment cancellations, suspension of routine visa services, and extended processing delays as a result of ongoing military strikes. Recommendations for employers and travelers:
- Non-essential travel to countries where departure and shelter-in-place notices are in effect for consular staff is not recommended. If travel is necessary, travelers should anticipate flight cancellations, appointment cancellations, and longer processing timelines. Travelers needing to renew their nonimmigrant visas may not be able to do so until the U.S. consulates reopen, which would leave them unable to return to the United States for an indeterminate period of time.
- Travelers should review country-specific updates and advice, including the Department of State’s (DOS) travel advisories. In addition to Iran and Israel, countries in the region that are currently affected by related security issues include Bahrain, Egypt, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, the United Arab Emirates, the West Bank and Gaza, and Yemen. U.S. citizens in any of the affected nations, as well as other Gulf nations, should consider enrolling in the Smart Traveler Enrollment Program (STEP) to receive alerts and to be easily contacted in an emergency. Travelers also should monitor local media for breaking events and be prepared to adjust travel plans accordingly.
- DOS said that in addition to enrolling in STEP, U.S. citizens can follow the S. Department of State – Security Updates for U.S. Citizens channel on WhatsApp and check for any recent alerts.
Given the rapidly evolving conditions across the Middle East, employers and affected individuals should closely monitor official government guidance and assess mobility plans carefully. Those who have employees affected by these developments or who require immediate assistance, including situation-specific guidance regarding global mobility strategy, consular processing disruptions, or employee safety planning, should contact their LAC attorney.
Appeals Court Allows Haitian TPS to Remain Pending Further Litigation
On March 6, 2026, in a 2-to-1 ruling, the U.S. Court of Appeals for the D.C. Circuit upheld a lower court ruling in Miot v. Trump that an estimated 350,000 Haitians in the United States under Temporary Protected Status (TPS) can remain and work legally while a case challenging their TPS proceeds.
The Trump administration is widely expected to appeal the decision to the Supreme Court.
Yemen TPS to End on May 4, 2026
The Department of Homeland Security (DHS) announced publication of a notice terminating the Temporary Protected Status designation for Yemen effective May 4, 2026. The publication follows DHS’s announcement on February 13, 2026, of DHS Secretary Kristi Noem’s decision to terminate TPS for Yemen. There are approximately 1,400 Yemenis with TPS in the United States.
E-Verify said that Employment Authorization Documents (EADs) (Form I-766) with a category A12 or C19 and a Card Expires date of March 3, 2023; September 3, 2024; or March 3, 2026, issued under a prior TPS designation of Yemen will expire on May 4, 2026.
The Systematic Alien Verification for Entitlements program noted that “[b]enefit applicants whose TPS has been terminated may have another lawful basis to remain in the U.S. and may also be employment authorized based on another immigration status or a pending application.”
U.S. Reportedly Sets Goal of Processing 4,500 South Afrikaner Refugee Applications Per Month
According to reports, the Department of State (DOS) has set a goal of processing 4,500 white South Afrikaner refugee applications per month. To accomplish this goal, trailers are being set up on U.S. Embassy property in Pretoria, a contracting document said. “The inability to safely process about 4,500 applicants per month, an objective communicated to [DOS’s refugee division] from the White House, would result in failure to meet a Presidential priority,” the document reportedly stated.
As of January 31, 2026, after a program to admit Afrikaners to the United States was announced in May 2025, about 2,000 Afrikaners have entered the United States as refugees. It is unclear whether a recent pause in admitting any refugees will affect the administration’s ability to meet its target, along with President Trump’s statement last year that the United States would admit only 7,500 refugees in fiscal year 2026.
Know Your Rights
A new California law, the California Workplace Know Your Rights Act (SB 294), requires all employers to provide employees with a Know Your Rights advisory, covering workplace protections ranging from immigration-related rights to constitutional protections during law-enforcement interactions. The California Labor Commissioner has published a model notice available in English and Spanish.
California employers must provide the stand-alone notice to all current employees on or before February 1, 2026; all new hires on or after February 1, 2026; and to all employees annually thereafter. The notice may be delivered to employees via hard copy, or digitally (email or text) as long as it is reasonable to expect the employee will receive it within one business day.
Additionally, by March 30, 2026 every worker must be given the opportunity to provide or update emergency contact information annually. Employees can also indicate whether they want that contact notified if they are arrested or detained at work. If the employer becomes aware of such an event, they must follow through and notify the chosen contact.
As noted by the San Diego Employers Association, “this update recognizes that moments of crisis shouldn’t leave anyone isolated. It also gives employers a clear, compassionate process to follow.”
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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.