Takeaways

  • A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
  • The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
  • The government is expected to consider appellate options, and employers should continue to monitor developments.

A federal district court in Rhode Island has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries who were subject to the administration’s expanded travel restrictions.

USCIS implemented the adjudication pause in late 2025 as part of broader screening and vetting measures affecting nationals of the 39 designated countries. The policies placed a hold on a wide range of immigration benefit requests, including certain applications for adjustment of status, employment authorization, naturalization, and asylum-related benefits. In some cases, the agency’s actions also affected previously approved benefits and discretionary adjudications.

In its June 5 decision, the court concluded that USCIS lacked statutory authority to implement the challenged policies and found them unlawful under the Administrative Procedure Act. The court vacated the following four USCIS policies:

  1. Pausing adjudication of immigration benefit requests filed by nationals of the affected countries;
  2. Pausing asylum and withholding adjudications;
  3. Requiring re-review of certain previously approved immigration benefits; and
  4. Directing officers to treat certain country-specific factors as significant negative discretionary considerations in adjudications.

The court also issued declaratory relief in favor of the plaintiffs but declined to enter a permanent injunction.

For employers, the practical impact of the court decision will depend largely on how USCIS responds. If implemented, the court’s ruling could allow long-pending employment-based adjustment of status applications and related employment authorization requests to resume adjudication. The decision may also eliminate additional discretionary scrutiny tied to the country-specific factors policy.

USCIS has yet to issue guidance regarding implementation, case processing priorities, or the treatment of applications previously subject to the pause. However, the government is expected to seek a stay of the court’s decision or pursue an appeal, either of which could delay or alter the practical impact of the ruling.

For now, employers with affected employees should:

  • Continue to monitor case developments closely;
  • Maintain compliance with Form I-9 and work authorization requirements; and
  • Evaluate contingency planning where prolonged adjudication delays have affected workforce planning.

Jackson Lewis attorneys will continue monitoring developments, including any government appeals or USCIS implementation guidance.

Physicians from countries subject to the Trump Administration’s immigration benefits pause received sudden but quiet good news on April 30, 2026. USCIS updated its “Strengthened Screening and Vetting” policy alert without any announcement, adding the category of “applications associated with medical physicians” to the list of cases whose adjudication holds may be lifted.

This policy change appears to restore pathways to immigration benefits for physicians, perhaps relieving anxiety and bringing some reliability among international medical professionals working in the U.S. The reversal of the immigration benefits pause for medical physicians allows medical systems and hospitals to address the country’s current physician shortage, especially in underserved areas.

Based on the reversal, individuals qualifying as foreign “medical physicians” may resume filing applications with the government, requesting adjudication under the updated policy alert.

For individuals with previously filed benefits requests that remain pending under the pause, how to request a resumption of processing or whether USCIS will resume processing with any proactive request has not been announced.

Relatedly, USCIS issued a policy memorandum on May 22, 2026, moving toward stricter discretionary review of all adjustment of status applications, a benefit request it now deems “extraordinary.” It is not yet clear how physicians with previously paused but pending adjustment of status applications, or those who are from listed countries and intend on filing adjustment of status applications, will be impacted by the new policy memorandum.

We will continue to monitor the situation for physicians. If you have questions regarding these developments, reach out to your Jackson Lewis attorney.

Takeaways

  • A new USCIS policy memorandum emphasizes that adjustment of status is a discretionary benefit and that consular processing abroad is the “ordinary” pathway to permanent residence.
  • The memo does not eliminate employment-based adjustment of status or create a formal new rule requiring all applicants to consular process.
  • Significant questions remain, including how USCIS will apply this guidance to pending applications, whether new adjudication standards will emerge in practice, and whether the policy will face litigation challenges.

USCIS released a new policy memorandum (PM-602-0199) on May 22, 2026, asserting that adjustment of status (AOS) is an “extraordinary” discretionary benefit that should not “supersede the regular consular visa-issuing process.” The accompanying agency announcement goes further, stating that temporary visitors “must return to their home country to apply” to pursue permanent residence “except in extraordinary circumstances.”

The memo appears primarily aimed at directing the agency’s adjudicators to apply more rigorous discretionary analysis in adjustment cases. Significantly, USCIS states that maintaining lawful status in a dual-intent category “is not sufficient, on its own, to warrant a favorable exercise of discretion.” Although that language may create uncertainty for otherwise compliant nonimmigrant workers pursuing employment-based permanent residence through the long-standing AOS process, the memo does not announce any new statutory bars to adjustment eligibility nor rescind existing adjustment pathways. The agency also confirms that officers must continue to conduct a case-by-case totality-of-the-circumstances analysis.

For employers and foreign national employees, the practical impact will likely depend on the facts of each case. The memo repeatedly references adverse discretionary factors, such as immigration status violations, unauthorized employment, fraud or misrepresentation concerns, failure to depart following expiration of status or parole, and conduct inconsistent with the purpose of admission.

For now, employers should anticipate:

  • Increased Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) focused on discretionary factors;
  • Longer adjudication timelines while USCIS applies enhanced review; and
  • Greater emphasis on documenting lawful maintenance of status, compliance history, and positive equities in AOS filings.

Important issues remain unresolved. The memorandum does not clearly specify an effective date or whether it will be applied to pending cases. Litigation challenging the policy is widely expected, particularly over the agency’s interpretation of the discretionary framework governing adjustment adjudications.

Jackson Lewis attorneys continue to monitor implementation closely, including whether USCIS issues category-specific guidance or changes adjudication practices for employment-based applicants. For now, employers and foreign nationals with pending or planned adjustment filings should consult counsel regarding case strategy, timing considerations, and documentation of discretionary factors.

Please contact a Jackson Lewis attorney with any questions.

Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits.

Although the underlying Form I‑9 requirements remain the same, several errors that were considered “technical or procedural” are now treated as “substantive,” which may result in penalties without an opportunity to cure.

Under the Immigration and Nationality Act (INA), Form I‑9 errors generally fall into two categories:

  • Technical or procedural failures, which allow employers up to 10 business days to correct errors found during an ICE inspection; and
  • Substantive violations, which may result in monetary penalties with no correction period if errors are identified during an ICE inspection.

ICE’s updated fact sheet, issued on March 16, 2026, confirms that only technical or procedural failures qualify for a correction window, while substantive violations do not.

Prior ICE guidance and internal memoranda treated many common Form I‑9 mistakes, such as missing dates or incomplete fields, as technical and therefore correctable. As reflected in the updated fact sheet, the following errors are now reclassified as substantive violations and no longer fall within the statutory correction period:

Form SectionErrors Reclassified as Substantive Violations
Section 1 – Employee InformationMissing employee date of birth
Failure to date Section 1
Supplement A – Preparer/TranslatorIncomplete or missing preparer/translator information (e.g., missing name, address, signature, or date)
Section 2 – Employer ReviewMissing date of hire
Section 2 – Employer CertificationFailure to date the Section 2 employer certification
Missing employer or authorized representative title
Section 2 – Document InformationMissing required document information (even where a legible photocopy of the document is retained)
Supplement B – Rehire/ReverificationMissing rehire date
Form UsageUsing Spanish‑language Form I‑9 outside Puerto Rico

The updated guidance may limit employers’ ability to remediate routine paperwork deficiencies identified during an audit and increase the likelihood of immediate penalty exposure. Employers may wish to consider:

  • Conducting internal Form I‑9 audits to identify and remediate errors proactively;
  • Reviewing onboarding and I‑9 or E-Verify completion practices, including Form I-9 training for HR personnel and authorized representatives; and
  • Ensuring consistency and completeness in both Section 1 (employee information and attestation) and Section 2 (employer review and verification).

Employers using electronic I‑9 systems should also confirm that auto‑population features or system defaults do not result in missing or incomplete required fields.

Please contact a Jackson Lewis attorney with any questions.

The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa programs.

The March 27, 2026, proposal seeks to increase the four-tiered prevailing wage structure for these visa programs by aligning them between the 34th to 88th percentiles of the Occupational Employment and Wage Statistics (OEWS) wage survey administrated by the DOL’s Bureau of Labor Statistics (BLS), up from the current four-tiered prevailing wage structure for these visa programs between the 17th and 67th percentile of the OEWS wage survey data.

Overview

Current DOL regulations use a four-tier prevailing wage system based on the BLS OEWS survey methodology.

The NPRM would raise all four prevailing wage levels within the OEWS distribution:

  • Level I – from the 17th to the 34th percentile
  • Level II – from the 34th to the 52nd percentile
  • Level III – from the 50th to the 70th percentile
  • Level IV – from the 67th to the 88th percentile

The revised wage levels would apply equally to both temporary (H-1B, H-1B1, E-3) and permanent (PERM, including EB-2 and EB-3) employment-based visa programs by amending PERM regulations and Labor Condition Applications regulations. The revised methodology and corresponding prevailing wage levels would be prospective, applying only to:

  • Prevailing wage requests pending on the effective date
  • New LCAs or PWD requests filed on or after the effective date

If the rule is adopted in its current form, the proposed changes would codify the new four-tier wage structure in the regulations, specify each level’s wage percentile, confirm the BLS OEWS data as the primary source, remove outdated references to State Workforce Agencies, and require annual wage data updates on the OFLC website. The DOL would also keep the current option to use private wage surveys in certain cases.

NPRM’s Rationale

The NPRM cites to Presidential Proclamation No. 10973, “Restriction on Entry of Certain Nonimmigrant Workers,” 90 Fed. Reg. 46027 (Sept. 19, 2025), directing the secretary of labor to initiate rulemaking to revise prevailing wage levels under the H-1B visa program. DOL asserts that the current methodology for setting prevailing wage levels does not appropriately account for relevant statutory factors, including experience, education, and level of supervision required for a particular role or occupation. It also states that the current methodology and structure undermines the DOL’s statutory responsibility under the Immigration and Nationality Act (INA) to ensure that employment of foreign nationals does not impose adverse effects on the wages and working conditions of comparable U.S. workers by allowing employers to pay foreign nationals “significantly less” than what similarly qualified U.S. workers earn for the same jobs in the same area of intended employment.

Although DOL expects the rule to result in billions of dollars in annual wage transfers from employers to workers over 10 years, it states that direct compliance costs will be minimal aside from familiarization expenses.

Potential Impact on H-1B, H-1B1, E-3 Non-Immigrant Visa Filings

If implemented, the rule will likely increase the minimum wage requirements for new LCAs based on OEWS data. The DOL estimates average wages will rise by about $14,000 per worker annually, with even larger increases for entry-level and mid-level positions.

Potential Impact on PERM (EB-2 and EB-3) Immigrant Visa Sponsorship

Higher prevailing wages during recruitment may affect labor market test results, require higher wages on ETA 9089 applications, and increase long-term green card costs for sponsored employees.

Employer Action Items

The NPRM invites comments on the proposed rule on wage levels, alternative methods, and concerns about reliance by May 26, 2026; it is especially interested in whether the proposed methodology “appropriately accounts for education, experience, and responsibility levels” required under the applicable provisions of the INA.

Employers should consider reviewing their impacted nonimmigrant and PERM-based immigrant visa cases to assess whether roles would remain cost-effective to sponsor, how wage increases may affect internal pay structures, potential impacts on U.S. worker compensation, and whether to adjust the timing of upcoming nonimmigrant or PERM-based filings impacted by the proposed rule.

We will monitor the rulemaking process and provide updates.

USCIS and E-Verify have updated their previous coordinated employer guidance with respect to handling I-9 and E-Verify compliance for current TPS beneficiaries from Burma, Ethiopia, and Somalia.

Below are updated instructions.

Form I-9

Complete Section 1 and Section 2 on I-9s as follows:

New Hire Instructions:

  • Section 1 (“Expiration Date”) – input “as per court order”
  • Section 2 (“Expiration Date (if any)”) – input as follows:
    • For Burmese TPS holders: “April 15, 2026”
    • For Ethiopian TPS holders: “April 13, 2026”
    • For Somalian TPS holders: “May 18, 2026”

Existing Employee Instructions:

  • Additional Information Box or Supplement B: Add a note referencing the court stay and USCIS guidance with the applicable expiration date.

E-Verify

The E-Verify updates (see Burma, Ethiopia, and Somalia) echo the I-9 approach for new hires:

  • When creating or updating a case for a TPS holder, use the following expiration dates from the I-9 in the E-Verify case:
    • For Burmese TPS holders: “April 15, 2026”
    • For Ethiopian TPS holders: “April 13, 2026”
    • For Somalian TPS holders: “May 18, 2026”
  • Do not treat the earlier printed date on the EAD as the controlling expiration for E-Verify purposes.

Do not run a second E-Verify case for existing employees.

Jackson Lewis attorneys will continue to monitor related developments in litigation and E-Verify/USCIS guidance and provide updates as they occur.

The Department of State has announced an expansion of its 2025 visa screening and vetting process for certain nonimmigrant visas to other classifications. The new policy is scheduled to go into effect March 30, 2026.

Consular officers will be broadening “online presence review” as part of adjudicating certain nonimmigrant visa applications. Groups already subject to online presence review include H-1B applicants and their dependents and F, M, and J student and exchange visitor visa applicants.

Expanded review will apply to additional visa classifications, including:

  • A-3
  • C-3 (if a domestic worker)
  • G-5
  • H-3 and H-4 dependents
  • K-1/K-2/K-3
  • Q
  • R-1/R-2
  • S
  • T
  • U

L visas are not included in the additional classifications listed in the March 25, 2026, announcement.

For applicants, the most immediate takeaway is operational. Individuals applying for A-3, C-3 (domestic worker), G-5, H-3, H-4, K, Q, R, S, T, U, H-1B/H-4, and F/M/J visas are instructed to adjust the privacy settings on all social media profiles to “public” or “open” to facilitate vetting.

Anyone preparing an application should plan ahead and review what is publicly visible, confirm your online footprint aligns with your described purpose of travel, and be ready to clarify inconsistencies during the interview process. For case-specific guidance, consult a Jackson Lewis attorney.

USCIS and E-Verify have updated their previous coordinated employer guidance with respect to handling I-9 and E-Verify compliance for current TPS beneficiaries from Haiti and Syria. Below are updated instructions.

Form I-9

Complete Section 1 and Section 2 on I-9s as follows:

New Hire Instructions:

  • Section 1 (“Expiration Date”) – input “as per court order”
  • Section 2 (“Expiration Date (if any)”) – input as follows:
    • For Haitian TPS holders: “July 1, 2026”
    • For Syrian TPS holders: “July 1, 2026”

Existing Employee Instructions:

  • Additional Information Box or Supplement B: Add a note referencing the court stay and USCIS guidance with the applicable expiration date.

E-Verify

The E-Verify updates (see Haiti and Syria) echo the I-9 approach for new hires:

  • When creating or updating a case for a TPS holder, use the following expiration dates from the I-9 in the E-Verify case:
    • For Haitian TPS holders: “July 1, 2026”
    • For Syrian TPS holders: “July 1, 2026”
  • Do not treat the earlier printed date on the EAD as the controlling expiration for E-Verify purposes.

Do not run a second E-Verify case for existing employees.

Jackson Lewis attorneys will continue to monitor related developments in litigation and DHS guidance and provide updates as they occur.

Takeaways

  • Current work authorization remains valid, for now.
  • Employers should update Form I-9s with specific notations according to USCIS and E-Verify guidance (updated expiration and “as per court order”).
  • Employers should handle E-Verify consistently and use the updated expiration date from the I-9 in E-Verify cases.

USCIS and E-Verify have published coordinated employer guidance confirming how to handle I-9 and E-Verify compliance for current Temporary Protected Status (TPS) beneficiaries.

TPS for Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria

Federal courts in Illinois, Massachusetts, New York, and the District of Columbia have stayed, or paused, the planned termination of Burma, Ethiopia, Haiti, Somalia, South Sudan and Syria’s TPS.

TPS for the six countries was slated to end on the following dates:

  1. Nov. 21, 2025 – Syria
  2. Jan. 5, 2026 – South Sudan
  3. Jan. 26, 2026 – Burma
  4. Feb. 3, 2026 – Haiti
  5. Feb. 13, 2026 – Ethiopia
  6. March 17, 2026 – Somalia

The court stays preserve TPS protections and work authorization for Burmese, Ethiopian, Haitian, Somalian, South Sudanese, and Syrian TPS holders while litigation continues.

Form I-9

The guidance directs employers to complete Section 1 and Section 2 on I-9s as follows:

New Hire Instructions:

  • Section 1 (“Expiration Date”) – input “as per court order”
  • Section 2 (“Expiration Date (if any)”) – input as follows:
    • Burmese TPS holders: “March 30, 2026”
    • Ethiopian TPS holders: “April 8, 2026”
    • Haitian TPS holders: “March 27, 2026”
    • Somalian TPS holders: “March 31, 2026”
    • South Sudanese TPS holders: “April 10, 2026”
    • Syrian TPS holders: “March 24, 2026”

Existing Employee Instructions:

  • Additional Information Box or Supplement B: Add a note saying “as per Court Order” and referencing USCIS guidance.

These updates apply even if the EAD shows an earlier printed expiration date. The court orders extend validity through the new respective dates. Do not ask employees for updated documents unless a final court determination or new DHS or USCIS guidance changes the situation.

Employers may attach a printed copy of the USCIS Alert (see Burma Alert, Ethiopia Alert, Haiti Alert, Somalia Alert, South Sudan Alert, and Syria Alert) and the country-specific TPS page (see TPS Burma page, TPS Ethiopia page, TPS Haiti page, TPS Somalia page, TPS South Sudan page, and TPS Syria page) to the I-9 file for documentation.

E-Verify

The E-Verify updates (see Burma, Ethiopia, Haiti, Somalia, South Sudan, and Syria) echo the I-9 approach for new hires:

  • When creating or updating a case for a TPS holder, use the expiration dates from Section 2 of the I-9, as listed above, in the E-Verify case.
  • Do not treat the earlier printed date on the EAD as the controlling expiration for E-Verify purposes.

Do not run a second E-Verify for existing employees.

Practical Compliance Tips for HR Teams

  • Track and document guidance – Save and attach the USCIS and E-Verify Alerts to your I-9 files for audit readiness.
  • Litigation is ongoing – USCIS and E-Verify may revise instructions. Check country-specific TPS pages and subscribe to GovDelivery alerts.
  • Avoid discriminatory practices – Do not initiate reverification or adverse action just because of the original termination date on the EAD. This can raise the risk of discrimination allegations under federal law.

As Burmese, Ethiopian, Haitian, Somalian, South Sudanese, and Syrian TPS holders remain work authorized, employers must update existing I-9s and E-Verify cases according to the court and agency guidance — not revert to the old expiration dates printed on EADs. Proper notation and documentation now will help avoid compliance gaps if the legal landscape shifts later due to the litigation.

Jackson Lewis attorneys will continue to monitor court developments and DHS guidance and provide updates as they occur.

Effective March 10, 2026, Billy Bishop Toronto City Airport (YTZ) joined nine other Canadian airports in offering U.S. Customs and Border Protection (CBP) Preclearance. The preclearance allows travelers to complete their U.S. immigration, customs, and agriculture inspection before departure. This is great news for travelers wishing to return to the U.S. in a quicker and smoother fashion.

Billy Bishop Preclearance will also include expedited screening for NEXUS card holders. This move is expected to allow airlines to expand flight plans into smaller cities in the United States that do not have CBP personnel on site.

Travelers returning to the U.S. from Billy Bishop should expect to first check in with their airline and check in any bags, if applicable. They will follow the same process of clearing airport security with the Canadia Air Transport Security Authority. Once cleared, they may proceed with completing the U.S. CBP preclearance inspection. After this step is completed, no further inspections will be required upon arrival. These passengers will be able to proceed to either a connecting flight or their destination.

Any passengers who will be undergoing preclearance should plan to arrive early to accommodate the preclearance into their schedule prior to boarding their flight. Canadian airport authorities also remind passengers that the airport is closed to the public between 11:00 p.m. and 5:00 a.m. daily. Any passengers with morning flights scheduled should not arrive prior to 5:00 a.m. Check-ins open at 5:30 a.m.

Now, Canadian citizens would have the opportunity to process their TNs and L-1s at Billy Bishop. Previously, they could apply for their TNs only upon arrival at a U.S. airport and were unable to process any L-1 visa classification requests because the airport did not have the CBP inspection facilities.

Please contact a Jackson Lewis attorney with any questions or visit our Immigration practice page to explore our services.