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.

The State Department, as well as multiple other countries’ governments, has issued travel warnings against visiting the Middle East. The warnings cover the following 14 countries:

  1. Bahrain
  2. Egypt
  3. Iran
  4. Iraq
  5. Israel, the West Bank and Gaza
  6. Jordan
  7. Kuwait
  8. Lebanon
  9. Oman
  10. Qatar
  11. Saudi Arabia
  12. Syria
  13. United Arab Emirates (UAE)
  14. Yemen

Employers with personnel in the region should consider:

  • Conducting immediate location tracking and welfare checks.
  • Reviewing evacuation and duty-of-care protocols.
  • Coordinating with security providers for real-time intelligence updates.
  • Assessing payroll, immigration status, and work authorization implications if employees are forced to relocate unexpectedly.

Given the rapidly changing conditions, all travel plans involving the region should remain flexible, and non-essential travel to the affected areas should be deferred until stability returns.

Severe Transportation Disruptions

Since March 1, 2026, thousands of flights have been cancelled while others are being rerouted to avoid the area of conflict in the Middle East. This is particularly observed in the skies over Bahrain, Iraq Israel, Kuwait, Qatar, and UAE. 

In addition, travelers should anticipate significant secondary disruptions even outside the immediate conflict zone. Airlines globally are rerouting long-haul flights between Africa, Asia, and Europe to avoid affected airspace, which may result in longer flight times, fuel stops, missed connections, aircraft repositioning delays, and cascading cancellations worldwide. Travelers transiting through major Middle Eastern hubs, such as Abu Dhabi, Doha, and Dubai, may experience extended delays even if their final destination is outside the most seriously affected region.

For Americans already present in the region, the U.S. is advising them to take commercial flights and return to the U.S. However, for those who may be in Iran, the U.S. is recommending sheltering in place or, if safe to do so, exit by land. Land border crossings may also become congested or close with little notice. Individuals attempting to exit by land should confirm border status in real time and remain aware that neighboring countries may impose entry restrictions or visa requirements on short notice.

Larger countries, particularly those with migrant populations in the affected regions, are in the process of planning repatriation flights. Airports and other transportation hubs may be considered potential targets or may close abruptly due to security threats. Travelers should avoid unnecessary presence at airports until flights are confirmed operational and should closely monitor official government advisories, rather than relying solely on airline communications. The maritime sector may also be impacted. Disruptions in key waterways and ports could affect cruise travel and commercial shipping routes, potentially contributing to broader supply chain delays and indirect economic effects that may influence business travel planning.

Limited Consular Operations

The next step for those already in the region and have had their flights canceled is to contact your government and register your presence by reaching out to the nearest embassy or consulate since they will be able to share specific evacuation instructions. Most consular posts in the region are under a security alert. Consular personnel at some posts have been under shelter-in-place instructions. As always, the best advice for assessment of current consular operation at a specific post is to follow instructions provided by the consular post itself.

Other Measures

Communication disruptions are possible. In conflict zones, internet and cellular service interruptions can occur, limiting access to airline notifications, embassy updates, or digital boarding passes. Travelers should maintain physical copies of passports, visas, and other critical documents.

If possible, travelers should enroll in their home country’s traveler registration programs (such as the U.S. Smart Traveler Enrollment Program (STEP)) to receive direct security updates and evacuation instructions. You may enroll with STEP at https://step.state.gov for the latest State Department security alerts.

Jackson Lewis attorneys are closely monitoring the evolving situation and can assist with your proactive response.

Ohio’s new employment verification law, the ‘E-Verify Workforce Integrity Act’ (House Bill 246), will require many construction employers in the state to use the federal E-Verify system when hiring. The law, signed in December 2025, is set to take effect on March 19, 2026.

Under the new law, nonresidential construction contractors, subcontractors, and labor brokers who hire employees to work on covered projects in Ohio will have to participate in E-Verify, the federal employment eligibility verification system administered by the Department of Homeland Security and the Social Security Administration.

The law defines a covered “nonresidential construction project” as any construction or renovation on buildings, highways, bridges, utilities, and related infrastructure, with certain exclusions.

Residential construction, manufactured homes, mobile homes, and structures associated with agricultural land use are exempted from the new requirement.

The law adds a layer of state-level verification requirements on top of federal I-9 obligations. Covered employers must enroll in E-Verify if they are not already enrolled, and for each new employee assigned to covered construction work, they must create an E-Verify case to confirm that worker’s legal authorization to work in the United States. These E-Verify cases are in addition to the Form I-9 process employers perform under federal law.

In addition to running E-Verify cases, employers subject to the Act must retain verification records for the longer of three years after hire or one year after the employee leaves to satisfy the retention requirements.

A critical part of compliance is how employers respond when E-Verify returns a final nonconfirmation (indicating that the system cannot verify eligibility), because the law prohibits continuing to employ individuals who receive a final nonconfirmation.

Enforcement of the new mandate will be handled by the Ohio attorney general, who can investigate complaints (including anonymous ones) and assess penalties. Fines for failing to create required E-Verify cases or maintain proper documentation can start in the hundreds of dollars and increase significantly for repeated violations. Penalties for continuing to employ someone after a final nonconfirmation can rise into the tens of thousands of dollars. Multiple willful violations may also result in debarment from future state contracts for a period of time and, in extreme cases, revocation of business licenses if unauthorized workers were knowingly employed.

Construction employers who may be covered by the Act should begin preparing now. Steps could include:

  • Confirming which projects fall under the law’s definitions;
  • Enrolling in E-Verify;
  • Updating hiring and onboarding procedures;
  • Training HR and management staff on compliance steps and handling of nonconfirmations; and
  • Reviewing contracts with subcontractors and labor brokers to ensure that these partners also comply with the new requirements.

For covered employers, the Act introduces a significant shift in employment verification for nonresidential construction work by mandating E-Verify participation, tightening recordkeeping and termination obligations, and establishing new state penalties and enforcement mechanisms to promote a legally authorized workforce.

Please contact a Jackson Lewis attorney for any questions and confidential, forward-looking guidance handling your workplace issues.

Takeaways

  • Current work authorization remains valid for now.
  • Employers should update Form I-9s with specific notations according to USCIS/E-Verify guidance (expiration “03-15-2026” and “as per court order”).
  • Employers should handle E-Verify consistently and use the 03.15.26 date from the I-9 in E-Verify cases.

Status of Haiti TPS Work Authorization

A federal court in the D.C. District has stayed the planned termination of Haiti’s Temporary Protected Status (TPS), which was slated to end on Feb. 3, 2026. This stay preserves TPS protections and work authorization for Haitian TPS holders while litigation continues.

USCIS and E-Verify have published coordinated employer guidance confirming how should handle I-9 and E-Verify compliance for current TPS beneficiaries.

Form I-9

New Hire Instructions:

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

  • Section 1 (“Expiration Date”): Employee enters “as per court order.”
  • Section 2 (“Expiration Date (if any)”): Employer enter “03-15-2026.”

Existing Employees Instructions:

  • Additional Information Box or Supplement B: Add a note referencing the court stay and USCIS guidance with the 03-15-2026 expiration date.

These updates apply even if the EAD shows an earlier printed expiration date like Aug. 3, 2025, or older. The court’s order extends validity through the new date. Do not ask employees for updated documents unless a final court determination or new DHS/USCIS guidance changes the situation. Employers may attach a printed copy of the USCIS Alert  and the TPS Haiti page  to the I-9 file for documentation.

E-Verify

The E-Verify update echoes the I-9 approach for new hires:

  • When creating or updating a case for a Haitian TPS holder, use the expiration date “03-15-2026” from the I-9 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 case 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 TPS Haiti 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 Haiti 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.

California’s AB 692, officially in effect as of Jan. 1, 2026, is bringing notable changes to how employers may use repayment or “stay‑or‑pay” provisions in employment agreements. While the law applies broadly to various repayment obligations, AB 692 has meaningful implications for organizations that have historically used reimbursement agreements when sponsoring foreign national employees for U.S. permanent residency (green cards).

Applying AB 692 to Green Card Reimbursement Agreements

AB 692 limits agreements that require employees to repay certain costs if they leave their job — largely prohibiting the use of these types of agreements in California for the repayment of costs associated with sponsoring immigrant and non-immigrant visas and permanent resident status. AB 692’s restrictions are triggered by separation and only apply to any new agreement entered into on or after Jan. 1, 2026. Agreements executed prior to Jan. 1, 2026 remain valid and subject to the existing legal requirements at the time the agreement became effective.

While AB 692 does require adjustments to sponsorship practices for California employers regarding the repayment of costs, it does not restrict an employer’s ability to sponsor workers for permanent residency. Instead, the law simply changes how related costs for sponsorship may be recouped.

A Measured, Forward‑Looking View

While AB 692 restricts the use of repayment agreements for immigration sponsorship costs upon separation, its practical impact on California employers in this context is relatively limited. Existing federal law already prohibits the reimbursement of any costs associated with the labor certification (PERM) application process, the most expensive phase of the green card process. Additionally, existing case law has limited the enforceability of reimbursement agreements that are not prorated by the employment term. As such, the existing limitations on green card sponsorship repayment agreements have resulted in the slow phase-out of these agreements across multiple industries in recent years, with agreements being replaced by more practical measures for effectively improving employee retention.

Now that AB 692 is in effect, California employers who rely on green card repayment agreements should seek alternative best practices and policy adjustments following the elimination of these agreements from their sponsorship processes. Jackson Lewis’ immigration attorneys are available to answer any questions you may have about implementing the requirements of AB 692.

On Feb. 13, 2026, DHS Secretary Kristi Noem announced that Temporary Protected Status (TPS) designation for Yemen will not be extended.

This TPS designation will terminate 60 days after the notice is published in the Federal Register. During this 60-day transition period, work authorization documents based upon TPS designation will remain valid. After the 60-day transition period, barring any litigation or policy to the contrary, Yemen’s TPS designation will be terminated, and those Yemeni nationals holding only TPS and no other lawful immigration status will be expected to depart the U.S.

Secretary Noem determined that country conditions in Yemen no longer meet the statutory requirements for TPS designation.

Numerous lawsuits have been filed in response to Secretary Noem’s decisions to end TPS designations for several countries and remain pending. Similar legal challenges may be brought seeking to block the termination of TPS designation for Yemen.

Jackson Lewis attorneys will continue to monitor the situation and provide updates, including prospective litigation and issues pertaining to compliance and work authorization.

The U.S. Court of Appeals for the Ninth Circuit has reversed a lower court’s order vacating the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua, reinstating the DHS termination.

In granting the stay pending appeal, the Ninth Circuit concluded the government is likely to succeed on the merits of its appeal, either by demonstrating the district court lacked jurisdiction or by prevailing over the plaintiffs’ claim that the TPS terminations were arbitrary and capricious under the Administrative Procedure Act (APA).

Background

On Dec. 31, 2025, the U.S. District Court for the Northern District of California vacated DHS’s decisions to terminate TPS for Honduras, Nepal, and Nicaragua, thereby setting aside the terminations.

Pursuant to that decision and order, TPS designations for Honduras, Nepal, and Nicaragua were reinstated, and affected individuals’ work authorization was restored.

DHS appealed the ruling to the Ninth Circuit and sought a stay of the district court’s decision pending appeal.

Ninth Circuit Stay and Immediate Impact

With the Ninth Circuit’s Feb. 9, 2026, stay, the district court’s vacatur is no longer in effect while the appeal proceeds. As a result, DHS’s prior terminations of TPS for Honduras, Nepal, and Nicaragua are reinstated — no longer set aside — during the pendency of the appeal.

The Ninth Circuit’s order addresses only the legal status of the district court’s vacatur pending appeal. USCIS has updated its TPS websites for Honduras, Nepal, and  Nicaragua to indicate that TPS has terminated and prior TPS holders no longer have work authorization.

Individuals who had continued working pursuant to the district court’s vacatur no longer have valid employment authorization based solely on TPS from those countries.

Employer Considerations

Employers that retained or rehired employees based on the district court’s order vacating the TPS terminations should promptly assess their workforce and I-9 compliance obligations in light of the Ninth Circuit’s stay and updated DHS/USCIS guidance.

If an employee’s work authorization was based solely on an expired EAD based on TPS from Honduras, Nepal, or Nicaragua and the District Court’s decision and no other independent lawful status or employment authorization exists, employers may be required to terminate employment due to lack of valid work authorization.

Employers should:

  • Review affected employees’ Forms I-9 and supporting documentation;
  • Determine whether any employee has alternative work authorization;
  • Avoid selective verification practices that could raise discrimination concerns;
  • Ensure any employment action is based on objective documentation requirements and policies are applied consistently.

Given the rapidly evolving litigation and policy landscape, employers should consult with employment and immigration counsel.

Continuing Developments

TPS policy continues to shift and remains the subject of active litigation. The Ninth Circuit’s decision does not resolve the underlying merits of the case. Additional developments are expected as the appeal proceeds.

Jackson Lewis attorneys will continue to monitor this matter closely. Please contact a Jackson Lewis attorney with any questions regarding your compliance obligations or the workforce impacts related to TPS changes.