Frank Alvarado

By Bernard P. Wolfsdorf U.S. Citizenship and Immigration Services (USCIS) has officially announced that it has received enough petitions to reach the Fiscal Year (FY) 2027 H-1B cap of 85,000 visas, including the 20,000 U.S. advanced degree exemption. The announcement closes this year’s cap season and confirms that USCIS will not conduct a second H-1B lottery. For employers that were unable to secure H-1B selections for critical employees, the focus must now shift to alternative immigration strategies. Ten Things Every Employer Needs to Know 1. The FY 2027 H-1B Cap Is Officially Closed USCIS has received sufficient petitions to fill all available FY 2027 H-1B cap numbers. Selected beneficiaries whose petitions were timely filed may begin H-1B employment on October 1, 2026, if approved. 2. There Will Be No Second Lottery Because USCIS received enough petitions by the June 30 filing deadline, the agency confirmed that it will not conduct a second H-1B cap lottery this fiscal year. Employers with unselected registrations will not receive another opportunity until the FY 2028 registration period, expected in Spring 2027. 3. The New Wage-Weighted Lottery Changed the Landscape FY 2027 marked the first year DHS replaced the traditional random lottery with a weighted selection system based on Department of Labor […]

The Trump administration continues to signal that worksite enforcement will become one of its highest immigration enforcement priorities. In a July 15, 2026 interview with the Center for Immigration Studies, Border Czar Tom Homan outlined plans for a dramatic expansion of I-9 audits, increased criminal investigations of employers, and closer coordination among ICE, the IRS, the Department of Labor (DOL), the Social Security Administration (SSA), and the Department of Justice (DOJ). Although several of the proposals discussed have not yet been formally implemented, employers should view the interview as an important indicator of the administration’s enforcement priorities and begin preparing now. Key Takeaways A Closer Look During the interview, Homan stated that worksite enforcement should become “a big part” of the administration’s overall immigration strategy. Unlike previous enforcement efforts that often focused primarily on unauthorized workers, the administration appears increasingly interested in investigating employers that knowingly violate immigration laws, facilitate document fraud, engage in tax violations, or exploit unauthorized workers. Perhaps the most significant announcement involved a proposal to create a centralized I-9 review operation. Rather than assigning armed HSI special agents to review employment records, Homan proposed hiring contractors to perform large-scale I-9 audits. Under the proposal: If implemented, […]

On July 21, 2026, the U.S. District Court for the District of Massachusetts issued an administrative stay temporarily preventing U.S. Citizenship and Immigration Services (USCIS) from implementing certain agency policies adopted to carry out portions of H.R. 1 (the “One Big Beautiful Bill Act”) while the court considers plaintiffs’ request for a stay pending judicial review. The challenged policies would have retroactively affected the employment authorization of certain Temporary Protected Status (TPS) beneficiaries and asylum applicants beginning July 22, 2026. The order is expected to have its most immediate impact on TPS beneficiaries whose employment authorization was subject to USCIS’s July 22 implementation guidance, including beneficiaries from several TPS-designated countries. In Venezuelan Association of Massachusetts v. USCIS, No. 1:26-cv-13038 (D. Mass. July 21, 2026), Judge Nathaniel Gorton concluded that an administrative stay was warranted because many TPS beneficiaries faced the imminent loss of work authorization beginning July 22, 2026, while asylum applicants faced rejection of applications and other potentially severe consequences before the court could fully consider the legality of the challenged policies. The administrative stay will remain in effect until the court rules on the plaintiffs’ motion for a stay under the Administrative Procedure Act, which the court indicated […]

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 Judge Temporarily Blocks TPS Work Authorization Cutoff A federal judge in Massachusetts has temporarily blocked the Trump administration from enforcing a policy that would have shortened work authorization for many Temporary Protected Status (PS) beneficiaries and asylum seekers. The ruling prevents the government from implementing a retroactive limit that could have caused thousands of individuals to lose employment authorization while litigation continues. The challenged policy stems from recent changes to automatic Employment Authorization Document (EAD) extensions, which plaintiffs argue were applied retroactively to individuals with pending benefit requests. Without the court’s intervention, many affected workers could have lost work authorization despite timely filing for renewal. The court issued a temporary administrative stay while it considers a request for a preliminary injunction. The order preserves the current status quo, allowing affected individuals to continue working until the court issues a further ruling, which is expected in early August. The case is part of broader litigation challenging recent DHS and USCIS policies affecting humanitarian immigration programs, including TPS and asylum-based employment authorization. Impact: The ruling provides […]

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. DHS Rule Allows Certain Asylum Cases to Move Directly to Immigration Court The Department of Homeland Security has issued a final rule that allows USCIS asylum officers to bypass asylum interviews in certain cases and instead refer applicants directly to immigration court. The change is intended to streamline the asylum process by expediting cases where an officer determines an applicant is barred from asylum, is statutorily ineligible, or does not merit asylum as a matter of discretion. Under the new rule, asylum officers will retain authority to conduct interviews in eligible cases but may forgo that step when they conclude an application cannot be approved based on the information available. Individuals whose cases are referred to immigration court will have the opportunity to present their claims before an immigration judge, who will make the final determination on eligibility for asylum and any other available forms of relief. DHS stated that the rule is designed to improve efficiency, reduce case backlogs, and direct agency resources toward applications that require full asylum interviews. The change is part […]

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’s (DHS) new F-1 regulations represent one of the most significant changes to international student compliance in decades. While Optional Practical Training (OPT), STEM OPT, and Curricular Practical Training (CPT)—including Day One CPT—remain available, the shift from Duration of Status (D/S) to fixed periods of admission creates important new responsibilities for employers. Here are five key changes every employer should know. 1. The I-94 Is Now a Critical Compliance Document Employers can no longer rely solely on an employee’s Form I-20 or Employment Authorization Document (EAD). In addition to tracking CPT and OPT dates, employers should now monitor: Takeaway: The I-94 should now be treated as a key employment compliance document. 2. Day One CPT Still Exists—But Timing Is More Complicated The new rule does not eliminate Day One CPT. However, employees transitioning from OPT, STEM OPT, cap-gap, or an H-1B lottery loss may now need to file a Form I-539 Extension of Stay to continue working. Takeaway: What was once primarily a university enrollment issue is now also a USCIS timing issue. Employers should begin planning months earlier. 3. Missing an Extension Deadline Can Trigger an Immediate Work Stoppage Timing is now critical. Takeaway: Even a short filing delay could interrupt an employee’s work […]

A federal judge in Washington, D.C. has confirmed that the court order previously preventing the termination of Temporary Protected Status (TPS) for Haiti is no longer in effect following the U.S. Supreme Court’s decision in Mullin v. Doe. On August 5, 2026, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia issued an order acknowledging that the Supreme Court’s June 2026 decision reversed the court’s earlier February 2026 ruling, which had stayed the Department of Homeland Security’s (DHS) termination of Haiti’s TPS designation. As a result, the injunction blocking implementation of the TPS termination has been lifted. Termination of Haiti TPS The underlying litigation challenges DHS’s decision to terminate Haiti’s TPS designation. That designation has provided eligible Haitian nationals with temporary protection from removal, as well as employment authorization in the United States. Following the Supreme Court’s decision in Mullin v. Doe, the U.S. Court of Appeals for the D.C. Circuit remanded the case to the district court for further proceedings consistent with the Supreme Court’s ruling. Judge Reyes’ August 5 order formally confirms that the February 2026 injunction is no longer in effect, allowing DHS’s termination of Haiti’s TPS designation to move forward unless further […]

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. Colombia Sees Increased Work Visa Delays and Heightened Scrutiny Employers sponsoring foreign nationals in Colombia may experience longer processing times and greater uncertainty as immigration authorities increase scrutiny of work visa applications. While no formal legislative or regulatory changes have been announced, recent adjudication trends suggest a more discretionary review process ahead of the country’s presidential transition on August 7, 2026. Reports indicate that work visa processing is increasingly exceeding the statutory 30-day adjudication period, with many applicants experiencing delays of several additional weeks. Authorities have also been exercising broader discretion by declaring some applications inadmissible or treating them as withdrawn, even where applicants believe they have submitted complete documentation. In addition, visa required foreign nationals have reportedly been instructed to refile under different visa categories than those originally selected. These developments may result in additional costs, longer processing times, and delayed employment start dates. The heightened review comes as Colombia prepares for a change in government, a period that often brings operational and administrative shifts. Employers should anticipate that visa processing practices may remain fluid while the new administration establishes its immigration policies. Impact: Although no formal policy changes have […]

If your Form I-751 (Petition to Remove Conditions on Residence) has been pending for years, you may not have to simply wait. Although a timely filed I-751 extends your lawful permanent resident status, lengthy USCIS delays can postpone: A Recent WR Immigration Success WR Immigration recently represented a conditional permanent resident whose I-751 had been pending for nearly two years, preventing USCIS from adjudicating a pending Form N-400. After carefully evaluating the case, we filed a federal mandamus lawsuit. Approximately two months later, USCIS approved the I-751, allowing the client’s naturalization case to proceed and an oath ceremony to be scheduled. While every case is unique and prior results do not guarantee future outcomes, this matter demonstrates that strategic federal litigation can be an effective tool to address prolonged agency delay. What Is a Mandamus Lawsuit? A mandamus action asks a federal court to require USCIS to make a decision on an unreasonably delayed petition. It does not ask the court to approve the application—it seeks action, not a particular outcome. Federal regulations governing Form I-751 contemplate adjudication within months, yet USCIS currently reports processing times approaching 32.5 months for many cases. When delays become unreasonable, a mandamus action under the Administrative Procedure Act (APA) may be an effective option. If your I-751 has been […]