Frank Alvarado

Religious organizations received welcome news this week as U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance implementing a significant change to the R-1 religious worker program. What’s Changed? Effective January 16, 2026, R-1 religious workers who have reached the five-year maximum period of stay are no longer required to remain outside the United States for one year before returning in R-1 status. Under the prior regulation, an R-1 worker who reached the statutory five-year limit had to spend at least one year abroad before becoming eligible for a new period of R-1 admission. DHS eliminated that requirement to reduce disruptions for nonprofit religious organizations that rely on experienced clergy and other religious workers. What Remains the Same? The five-year statutory cap has not changed. R-1 workers must still depart the United States after reaching the maximum period of stay. However, once a new R-1 petition is approved, they may seek readmission without waiting one year abroad. A new five-year period begins upon admission to the United States under the new petition. Who Benefits? The updated policy applies regardless of whether the beneficiary was inside or outside the United States on January 16, 2026, and regardless of whether an R-1 petition was pending or already approved on that […]

Executive Summary On June 30, 2026, the U.S. Supreme Court invalidated President Trump’s Executive Order entitled “Protecting the Meaning and Value of American Citizenship,” holding that the order violated the Citizenship Clause of the Fourteenth Amendment. The Court reaffirmed that, with limited historical exceptions, children born in the United States are U.S. citizens at birth regardless of their parents’ immigration status or temporary immigration classification. The decision preserves over 150 years of constitutional precedent and maintains the longstanding interpretation established in United States v. Wong Kim Ark, 169 U.S. 649 (1898). Background On the first day of President Trump’s second term, the Administration issued an Executive Order seeking to end automatic birthright citizenship for: The Order represented an unprecedented attempt to reinterpret the Citizenship Clause of the Fourteenth Amendment through executive action. The Executive Order was immediately challenged by states, civil rights organizations, immigrant advocacy groups, and affected families. Multiple federal district courts enjoined implementation before the policy could take effect. The Supreme Court’s Decision Writing for the majority, Chief Justice John G. Roberts, Jr. concluded that the Executive Order was unconstitutional because it conflicted with the text and history of the Fourteenth Amendment. Chief Justice Roberts emphasized: “Citizenship, then and now, was the right to have […]

Our March global immigration recap includes the latest on the EU’s implementation of the digital Entry/Exit System (EES), the United Kingdom’s updated guidance for sponsors of foreign workers, Australia’s skilled visa nomination income thresholds, Singapore’s new AI & Tech ONE Pass, and more.

The Department of Homeland Security (DHS) has announced a significant proposed rule that would implement key provisions of the EB-5 Reform and Integrity Act of 2022 (RIA) and modernize the regulations governing the EB-5 Immigrant Investor Program. The proposed regulation, entitled “EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification” (RIN 1615-AC94), would amend regulations at 8 C.F.R. Parts 204, 205, 216, and 235. Although the full text of the proposal has not yet been published in the Federal Register, the rule is expected to comprehensively update USCIS regulations to reflect the statutory reforms enacted by Congress in 2022. What the Proposed Rule Is Expected to Address The EB-5 Reform and Integrity Act fundamentally reshaped the EB-5 Regional Center Program by introducing enhanced compliance requirements, greater oversight of Regional Centers, increased investor protections, and new integrity measures. Since enactment of the RIA, USCIS has implemented many of these changes through policy guidance and new filing procedures rather than formal regulations. The forthcoming rule is expected to codify these statutory reforms and provide regulatory guidance on matters including: Automatic Revocation and Investor Protections One of the most closely watched aspects of the proposal concerns automatic revocation […]

Impact of U.S. Supreme Court Decision On June 25, the U.S. Supreme Court issued a decision that impacted the TPS designation and protections for Haiti and Syria. While the Supreme Court’s decision cleared the path for Department of Homeland Security to proceed with termination of TPS designations for Haiti and Syria, it alone did not immediately end the TPS designations and the related employment authorization for those two countries. Therefore, the TPS designations and employment authorization remain in place until: (1) the Supreme Court sends a certified copy of its judgment to the lower court; and (2) the federal administration issues implementation guidance. When Do TPS Designations and Work Authorization for Haiti and Syria Expire? Employers may continue to rely on the existing TPS EAD cards for Haiti and Syria until such time that action is taken by the lower courts to terminate TPS employment authorization. As we previously noted, employees may have alternative forms of work authorization that remain valid. Thus, before determining that an employee is no longer eligible to work, employers will need to communicate with the employee to determine whether or not they have another valid List A or List C document that permits them to continue to […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. Supreme Court Decision Raises Reentry Risks for Some Green Card Holders The U.S. Supreme Court has issued a significant decision affecting lawful permanent residents who travel internationally while facing criminal charges or certain unresolved criminal matters. In Blanche v. Lau, the Court held that the Department of Homeland Security may parole a returning green card holder into the United States and later rely on evidence developed after reentry, including a subsequent criminal conviction, to support removal proceedings. The ruling clarifies that immigration officers are not required to possess clear and convincing evidence of a disqualifying offense at the time an individual seeks admission at a U.S. port of entry. Instead, that evidentiary burden applies later during removal proceedings. The decision does not change the grounds of inadmissibility or deportability under immigration law. However, it broadens DHS’s flexibility in handling returning lawful permanent residents whose criminal matters remain unresolved. The ruling may have important implications for green card holders who: The Court’s decision underscores the close relationship between criminal and immigration law and highlights the importance […]

The Trump Administration has announced a significant expansion of federal enforcement targeting alleged fraud and abuse in the H-1B and PERM (labor certification application) programs. The Department of Labor’s Office of Inspector General (DOL-OIG) has confirmed that investigators have already issued dozens of subpoenas as part of a nationwide investigation into alleged visa fraud, labor trafficking, and abuse of foreign labor programs. According to DOL Inspector General Anthony D’Esposito, investigators are examining allegations that some employers and labor brokers submitted fraudulent H-1B and PERM applications, exploited foreign workers through unlawful employment practices, and used employment-based visa programs in ways that disadvantage U.S. workers (U.S. citizens, U.S. lawful permanent residents, asylees, and refugees). He also stated that investigators are looking into potential connections between certain labor schemes, human trafficking organizations, and transnational criminal enterprises. These statements reflect the government’s investigative position and are not findings of wrongdoing. The DOL has indicated that the investigation extends beyond the technology sector and includes industries such as healthcare, including physicians’ offices and nursing facilities. Any employer that sponsors H-1B workers or files PERM applications should expect increased scrutiny. Employers that participate in H-1B and PERM programs should anticipate closer review of: With subpoenas already being issued, employers should assume […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. Federal Agencies Outline Immigration Rulemaking Priorities for 2026 The Departments of Homeland Security, Labor, and State have released their 2026 regulatory agendas, providing an early look at immigration related rules expected over the coming months. While publication dates remain tentative, the agendas signal several significant proposals that could affect employers, foreign nationals, and educational institutions. DHS plans to finalize several high profile regulations, including the replacement of Duration of Status with fixed admission periods for F, J, and I nonimmigrants, expanded biometric collection, changes to public charge policy, revisions to Employment Authorization Document rules, and new Electronic System for Travel Authorization requirements for Visa Waiver Program travelers entering through land borders. The Department of Labor is expected to focus on employment based immigration, with priorities including: The Department of State also outlined several initiatives, including plans to make the B-1 and B-2 visa bond program permanent and proposed changes to J-1 exchange visitor regulations. Although regulatory agendas are not binding, they provide insight into each agency’s priorities and often serve as an early indicator of […]

On Friday, July 10, USCIS updated the guidance on work authorization for several TPS-designated countries that have litigation pending over the termination of their TPS status. USCIS has announced that the new “placeholder” dates for work authorization are the following: These are not official termination of employment dates. These dates are a placeholder for employers as the final actions wind through the courts. Takeaway for Employers Employers should take the following action steps: WR Immigration will continue to monitor this situation and post updates as needed. Please reach out to your WR Immigration attorney with any questions and/or for further assistance.

Employers with employees working pursuant to Temporary Protected Status (TPS) should review their workforce to determine whether any employees’ employment authorization will expire on July 22, 2026, even if the employee previously appeared eligible for a longer automatic extension of their Employment Authorization Document (EAD) under the former 540-day automatic extension rule. Background Historically, many TPS beneficiaries have relied on two separate provisions extending employment authorization: As a result, many employers previously reverified employees’ work authorization based on expiration dates extending well into August 2026. What Changed? The One Big Beautiful Bill Act (H.R. 1), signed into law on July 4, 2025, changed the maximum period for automatic employment authorization extensions for TPS. Under the new law, automatic extensions of employment authorization are limited to the earlier of: For TPS beneficiaries who filed Form I-765 renewal applications in 2025, the one-year limitation generally results in the automatic extension ending on July 22, 2026, even if the previously applicable 540-day calculation would have extended employment authorization beyond that date. Accordingly, unless USCIS issues a new EAD before July 22, 2026, employment authorization will terminate on that date notwithstanding a later expiration date calculated under the former 540-day rule. Employees Most Likely […]