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ABIL Immigration Insider • February 1, 2026

February 01, 2026/in Immigration Insider /by ABIL

In this issue:

1. FY 2027 H-1B Cap Initial Registration Period Opens March 4 – The initial registration period for the Fiscal Year 2027 H-1B cap will open at noon ET on March 4 and run through noon ET on March 19, 2026.

2. DOL-DHS Temporary Rule Will Increase H-2B Visa Limit in FY 2026 – The Departments of Labor and Homeland Security plan to issue up to an additional 64,716 H-2B visas for this fiscal year.

3. Ninth Circuit Rules That Secretary Noem Exceeded Her Authority With Respect to Venezuelan and Haitian TPS – The U.S. Court of Appeals for the Ninth Circuit ruled that Homeland Security Secretary Kristi Noem exceeded her statutory authority in her vacatur and termination of Venezuela’s Temporary Protected Status (TPS) designation and her partial vacatur of Haiti’s TPS designation. The Ninth Circuit affirmed the district court’s setting aside of the Venezuelan vacatur and termination, and the Haitian partial vacatur.

4. Trump Administration Launches ‘Gold Card’ Site – The site includes application information and questions and answers about the Trump Gold Card.

5. WHD Releases Info on ‘Project Firewall’ Enforcement Initiative to Maximize Compliance with H-1B Visa Program – The announcement notes that the Department of Labor’s Wage and Hour Division prioritizes investigations where employers may be displacing U.S. workers, failing to recruit U.S. workers in good faith, giving preference to H-1B workers when qualified U.S. workers are available, retaliating against workers who raise concerns about employers’ noncompliance, or misrepresenting job duties, requirements, or working conditions.

6. USCIS Releases Guidance on ‘Hold and Release’ Policies and Procedures – U.S. Citizenship and Immigration Services (USCIS) released memoranda on “hold and release” policies and procedures for all pending asylum applications, USCIS benefit applications filed by individuals from “high-risk” countries, and Diversity Visa adjustment-of-status applications.

7. February Visa Bulletin Notes Expiration of ‘Certain Religious Workers’ Category – The Employment Fourth Preference Certain Religious Workers category expired on January 30, 2026.

8. EOIR Raises Fees for Immigration-Related Filings – The new fees are effective February 1, 2026.

9. DHS Increases Self-Deportation ‘Exit Bonus’ – The Department of Homeland Security (DHS) has temporarily increased the “exit bonus” for self-deportation through the U.S. Customs and Border Protection (CBP) Home app from $1,000 to $2,600.

10. DOS Announces Temporary Pause on Certain Visas for Nationals of 75 Countries – The Department of State announced a temporary pause on the issuance of immigrant visas (green cards from overseas) for nationals of 75 countries, effective January 21, 2026.

11. DHS Terminates TPS Designation for Somalia – The Department of Homeland Security is terminating Somalia’s Temporary Protected Status designation, effective March 17, 2026.

12. DHS Reduces Wait Times for Certain Religious Workers Abroad – The Department of Homeland Security has issued an interim final rule, effective immediately, to eliminate the one-year foreign residence requirement and allow thousands of religious workers in R-1 status, who previously were required to remain outside the United States before returning, to resume their essential services.

13. Harvard Hits High for Foreign Student Enrollment Despite Battles With Trump Administration – Harvard University’s international student enrollment hit a high of 6,749 students in the fall of 2025, which is nearly 28 percent of the total number of students studying at Harvard and is the highest recorded share since at least 2002. The increase is due at least partly to graduate student enrollment; undergraduate international student enrollment nationwide declined in the fall 2025 term.

14. DHS to Raise Premium Processing Fees – U.S. Citizenship and Immigration Services is raising premium processing fees effective March 1, 2026.

15. DOL, DHS Announce Additional 35,000 Visas to Supplement FY 2026 H-2B Cap – The agencies said they will focus these additional H-2B visas on U.S. businesses with seasonal or temporary workforce needs in “critical infrastructure sectors of the U.S. economy, such as seafood, forestry, hospitality and tourism, transportation, and manufacturing.”

16. DOS Adds Countries Subject to Visa Bonds and Expands Ports of Entry – All visa holders who have posted a visa bond must enter and exit the United States through designated ports of entry.

17. DHS Launches Sweeping Fraud Investigation in Minnesota – Operation PARRIS is part of a broader strategy to implement enhanced screening standards, the Department of Homeland Security said. It appears that all refugee approvals from January 21, 2021, to February 20, 2025 (approximately 233,000 cases) will be reviewed.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – February 2026


1. FY 2027 H-1B Cap Initial Registration Period Opens March 4

On January 30, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year (FY) 2027 H-1B cap will open at noon ET on March 4 and run through noon ET on March 19, 2026.

During that period, prospective H-1B cap-subject petitioners and representatives must use a USCIS online account to register each beneficiary for the selection process and pay the associated $215 H-1B registration fee. H-1B petitioning employers who do not have a USCIS online account must create an organizational account. Representatives may add company clients to their accounts at any time, but both representatives and employers must wait until March 4 to enter beneficiary information and submit registrations and the $215 fee.

Selections will take place after the initial registration period closes. USCIS said it will send selection notifications by March 31, 2026, via users’ USCIS online accounts, to prospective petitioners and representatives who have at least one registration selected.

New for the FY 2027 Cap Season

The new H-1B selection process prioritizes allocating visas to higher-skilled and higher-paid workers. For the FY 2027 H-1B cap season, USCIS will conduct a weighted selection if it receives registrations for unique beneficiaries during the initial registration period that exceed the cap. If USCIS does not receive registrations for enough unique beneficiaries, it will select all registrations for unique beneficiaries that were properly submitted in the initial registration period.

Pursuant to the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, a petitioner whose registration is selected and who is otherwise eligible to file an H-1B cap-subject petition “may need to pay an additional $100,000 fee before filing the H-1B petition as a condition of eligibility,” USCIS noted.

Additional information on the electronic registration process is available on the H-1B Electronic Registration Process page. USCIS said it will update the page before the initial registration period.

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2. DOL-DHS Temporary Rule Will Increase H-2B Visa Limit in FY 2026

The Departments of Labor (DOL) and Homeland Security (DHS) plan to publish a temporary rule on February 3, 2026, to exercise their time-limited Fiscal Year (FY) 2026 authority to issue up to an additional 64,716 H-2B visas for this fiscal year. The supplemental visas will be available only to U.S. businesses “that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer,” an advance copy of the rule states. The supplemental visas “will be distributed in three allocations based on the petitioner’s start date of need through the end of the fiscal year”:

  1. 18,490 immediately available visas limited to returning workers, that is, those who were issued an H-2B visa or otherwise granted H-2B status in FYs 2023, 2024, or 2025, and who will be available for eligible employers with a need for workers to begin work between January 1, 2026, through March 31, 2026. Employers must file these petitions no later than 14 days after the second half of the statutory cap is reached;
  2. 27,736 visas, plus any unused visas from the first allocation, limited to returning workers, that is, those who were issued an H-2B visa or otherwise granted H-2B status in FYs 2023, 2024, or 2025, and who will be available for eligible employers with a need for workers to begin work between April 1, 2026, and April 30, 2026. Employers must file these petitions no earlier than 15 days after the second half of the statutory cap is reached; and
  3. 18,490 visas, plus any unused visas from the first or second allocations, for those who will be available for eligible employers with a need for workers to begin work between May 1, 2026, and September 30, 2026. These petitions are exempt from the returning worker requirement. Employers must file these petitions no earlier than 45 days after the second half of the statutory cap is reached.

DHS said that it will not accept any H-2B petitions under provisions related to the FY 2026 supplemental numerical allocations after September 15, 2026, and will not approve any such H 2B petitions after September 30, 2026. The rule is effective from January 30, 2026, through September 30, 2026, except for the requirements at 20 CFR 655.69, which are effective from January 30, 2026, through September 30, 2029. Under the document retention requirements at 20 CFR 655.69, petitioners must retain documents and records demonstrating compliance with this rule for three years from the date of the attestation, and must provide the documents and records at the request of DHS or DOL.

Comments on the temporary rule will be accepted for 60 days from publication and can be submitted via the method noted in the rule.

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3. Ninth Circuit Rules That Secretary Noem Exceeded Her Authority With Respect to Venezuelan and Haitian TPS

On January 28, 2026, the U.S. Court of Appeals for the Ninth Circuit ruled that Homeland Security Secretary Kristi Noem exceeded her statutory authority in her vacatur and termination of Venezuela’s Temporary Protected Status (TPS) designation and her partial vacatur of Haiti’s TPS designation. The Ninth Circuit affirmed the district court’s setting aside of the Venezuelan vacatur and termination, and the Haitian partial vacatur.

The Ninth Circuit noted that Secretary Noem vacated the prior administration’s extension of TPS for Venezuela through October 2, 2026, and terminated Venezuela’s TPS effective April 3, 2025. Secretary Noem also partially vacated the prior administration’s extension of Haiti’s TPS such that the designation would expire in August 2025 instead of February 2026. Among other things, the court noted that the plain text of the TPS statute provides that a TPS termination cannot be effective earlier than the expiration of the most recent previous extension.

The court said that Secretary Noem’s actions “have left hundreds of thousands of people in a constant state of fear that they will be deported, detained, separated from their families, and returned to a country in which they were subjected to violence or any other number of harms. The Secretary’s actions fundamentally contradict Congress’s statutory design, and her assertion of a raw, unchecked power to vacate a country’s TPS is irreconcilable with the plain language of the statute.”

In a concurrence, Judge Salvador Mendoza, Jr., remarked on Secretary Noem’s “rushed and abnormal process” in vacating Venezuelan and Haitian TPS, leading to a “preordained outcome,” and underscored “why we must not permit government agencies to justify their actions with pretext, especially when that pretext is cloaking animus on the basis of race or national origin.” He said that “Secretary Noem’s vacatur actions would fail on the independent ground that they were arbitrary and capricious in contravention of the [Administrative Procedure Act], as even a cursory review of the record indicates that her decisions were both preordained and rooted in pretext.” Noting that public statements by President Trump and Secretary Noem were founded on “racist stereotyping based on country of origin,” he said, “This case presents one of the rare situations where the strong showing of bad faith needed to look beyond the administrative record is easily met.”

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4. Trump Administration Launches ‘Gold Card’ Site

The Trump administration has launched its “Trump Gold Card” website. The site includes application information and questions and answers about the Trump Gold Card. It explains that for a $15,000 “processing fee” and, after background approval, a contribution of $1 million, an individual can “receive U.S. residency in record time.” The site includes information for individuals and businesses.

The site also includes information on the “Trump Platinum Card,” which it says is coming soon. The site says that foreign nationals can sign up now to secure their places on the waiting list. When launched, and upon receipt of a $15,000 “processing fee” and a $5 million contribution, “they will have the ability to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income.”

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5. WHD Releases Info on ‘Project Firewall’ Enforcement Initiative to Maximize Compliance with H-1B Visa Program

The Department of Labor’s Wage and Hour Division (WHD) recently released an announcement and a flyer on “Project Firewall,” a WHD “enforcement initiative to protect highly skilled U.S. workers and maximize compliance with the H-1B visa program.”

The announcement notes that WHD prioritizes investigations where employers may be displacing U.S. workers, failing to recruit U.S. workers in good faith, giving preference to H-1B workers when qualified U.S. workers are available, retaliating against workers who raise concerns about employers’ noncompliance, or misrepresenting job duties, requirements, or working conditions.

The flyer includes the following reminders about legal protections for U.S. workers under the H-1B program.

All H-1B employers:

  • MUST provide notice of the Labor Condition Application to relevant U.S. workers on or before the date of filing.
  • MUST NOT intimidate, threaten, restrain, coerce, blacklist, discharge, or discriminate in any other manner against a U.S. worker or applicant who has exercised whistleblower rights under the program.
  • MUST NOT employ an H-1B worker at a worksite where a strike/lockout in their occupational classification is in progress.
  • MUST NOT employ H-1B workers in such a way that the working conditions (e.g., hours, shifts, vacation periods, and seniority-based preferences) of its similarly employed U.S. workers are adversely affected.
  • MUST NOT undercut U.S. worker wages by paying H-1B workers less than an applicable collectively bargained wage, a statistically derived prevailing wage, or the wage it pays to U.S. workers with the same job and with similar experience and qualifications.
  • MUST NOT undercut U.S. worker benefits by offering H-1B workers fewer benefits than U.S. workers.

H-1B dependent employers and willful violators who employ nonexempt H-1B workers:

  • MUST take good faith steps to recruit U.S. workers for the offered job.
  • MUST offer the job to an equally or better-qualified U.S. worker before hiring an H-1B worker.
  • MUST NOT lay off or displace the U.S. worker from a job that is essentially equivalent to the job for which the H-1B worker is sought.

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6. USCIS Releases Guidance on ‘Hold and Release’ Policies and Procedures

U.S. Citizenship and Immigration Services (USCIS) has released memoranda on “hold and release” policies and procedures for all pending asylum applications, USCIS benefit applications filed by individuals from “high-risk” countries, and Diversity Visa adjustment-of-status applications. The memoranda include:

  • Hold and Release of All Pending Asylum Applications and All USCIS Benefit Applications Filed by Aliens From High-Risk Countries (PM-602-0194). This guidance outlines the adjudicative hold, procedural requirements, and processes for the re-review, interview, or re-interview of affected individuals. The memo specifies which cases are subject to the adjudicative hold, identifies exemptions, and outlines the factors to consider when assessing benefit eligibility during the re-review, interview, or re-interview of affected individuals. USCIS personnel are instructed to prioritize national security and public safety concerns and ensure compliance with applicable laws and regulations during the adjudication process.
  • Hold and Release of Pending USCIS Adjustment of Status Applications Filed by Aliens Under the Diversity Immigrant Visa Program. This directive mandates that all persons with pending adjustment of status, ancillary benefits, and waiver applications meeting certain criteria undergo a thorough review process, including an interview for the Application to Register Permanent Residence or Adjust Status (Form I-485) and, if necessary, a re-interview, to fully assess all national security, criminal, and related grounds of inadmissibility and deportation.

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7. February Visa Bulletin Notes Expiration of ‘Certain Religious Workers’ Category

The Department of State’s Visa Bulletin for February 2026 notes that the Employment-Based Fourth Preference Certain Religious Workers (SR) category expired on January 30, 2026.

The bulletin states that the SR category is listed as “Unavailable” for all countries for February. If legislative action extends the category, “it is likely it will become available effective immediately. If extended, the category will be subject to the same dates for filing and final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability,” the bulletin notes.

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8. EOIR Raises Fees for Immigration-Related Filings

On January 21, 2026, the Department of Justice announced “inflationary adjustments” to immigration-related fees for filings with the Executive Office for Immigration Review (EOIR) under the One Big Beautiful Bill Act (OBBBA) for Fiscal Year 2026.

The new fees are effective February 1, 2026. Any filing with an Immigration Court or the Board of Immigration Appeals postmarked on or after February 1, 2026, without the proper filing fee or an applicable request for fee waiver will be rejected.

As examples, the OBBBA fee for Form I-485, Application to Register Permanent Residence or Adjust Status, will increase from $1,500 to $1,540 (with FY 2026 EOIR total fees of $2,980).

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9. DHS Increases Self-Deportation ‘Exit Bonus’

On January 21, 2026, the Department of Homeland Security (DHS) announced that it has temporarily increased the “exit bonus” for self-deportation through the U.S. Customs and Border Protection (CBP) Home app from $1,000 to $2,600, in addition to a free flight home.

DHS said that since January 2025, 2.2 million people have voluntarily self-deported and “tens of thousands” have used the CBP Home app. DHS noted that using the CBP Home app “also qualifies recipients for forgiveness of any civil fines or penalties for failing to depart the country.”

It is unclear how long the increase will be in effect. The announcement said it “may not last long.”

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10. DOS Announces Temporary Pause on Certain Visas for Nationals of 75 Countries

On January 14, 2026, the Department of State (DOS) announced a temporary pause on the issuance of immigrant visas (green cards from overseas) for nationals of 75 countries, effective January 21, 2026. DOS said this pause is for the government to review how immigrant visa applicants are evaluated under the “public charge” rules. In announcing this review, the government has indicated it wants stricter standards to prevent new immigrants from receiving any public support.

This policy applies only to immigrant visas (green card processing through a U.S. embassy or consulate) for applicants who are:

  • Nationals of one of the 75 countries identified by DOS, and
  • Applying for an immigrant visa abroad (not adjustment of status in the United States).

The affected countries include Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Applicants from these countries may attend their visa interviews, but their immigrant visas will not be issued for the time being, unless a limited exception applies. A dual national applying with a valid passport of a country that is not listed above is exempt from this pause. No immigrant visas have been revoked as part of this guidance.

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11. DHS Terminates TPS Designation for Somalia

On January 13, 2026, the Department of Homeland Security (DHS) announced that it is terminating Somalia’s Temporary Protected Status (TPS) designation, effective March 17, 2026.

DHS said it has automatically extended the validity of certain Employment Authorization Documents (EADs) previously issued under the TPS designation of Somalia through March 17, 2026. As proof of continued work authorization through March 17, 2026, Somali TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under Category and a “Card Expires” date of March 17, 2023, September 17, 2024, or March 17, 2026.

DHS said that Somali nationals who do not have a legal status other than TPS that would allow them to remain in the United States should use U.S. Customs and Border Protection’s CBP Home mobile app to report their departure from the United States. The app includes a complimentary plane ticket, a $1,000 exit bonus, and “the opportunity for potential future legal immigration,” DHS said.

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12. DHS Reduces Wait Times for Certain Religious Workers Abroad

On January 14, 2026, the Department of Homeland Security (DHS) announced that it has issued an interim final rule, effective immediately, to eliminate the one-year foreign residence requirement and allow thousands of religious workers in R-1 status, who had reached their maximum period of stay in the United States and were required to remain outside the United States before returning, to resume providing their services to “U.S. churches, mosques, synagogues, and other bona fide nonprofit religious organizations.”

DHS said the rule “significantly reduces this wait time, providing stability and minimizing disruptions for faith-based communities.” The agency said that the purpose of this change “is to promote stability and minimize disruptions to the vital services that R-1 religious workers provide to U.S. churches, mosques, synagogues, and other bona fide nonprofit religious organizations.”

The rule removes the requirement that R-1 religious workers reside outside the United States for one year when they reach the statutory five-year maximum period of stay. While R-1 religious workers are still required to depart the United States, the rule establishes that there is no longer a minimum period of time during which they must reside and be physically present outside the United States before seeking readmission in R-1 status.

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13. Harvard Hits High for Foreign Student Enrollment Despite Battles With Trump Administration

According to reports, Harvard University’s international student enrollment hit a high of 6,749 students in the fall of 2025, which is nearly 28 percent of the total number of students studying at Harvard and is the highest recorded share since at least 2002. The increase is due at least partly to graduate student enrollment; undergraduate international student enrollment has been declining. This was despite the university’s battles with the Trump administration over funding cuts and vetting and admission of foreign students.

According to Bloomberg Law, foreign graduate student enrollment at U.S. universities declined by 1.4% in the fall 2025 term. The number of foreign students across the U.S. dropped by close to 5,000 even as the overall number of students grew by 1%, according to the National Student Clearinghouse Research Center. Harvard’s share of students from India (545) dropped by about 31 percent in the fall of 2025. The largest group of international students at Harvard are Chinese.

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14. DHS to Raise Premium Processing Fees

On January 9, 2026, the Department of Homeland Security announced that U.S. Citizenship and Immigration Services (USCIS) is raising premium processing fees effective March 1, 2026. Those submitting a request for premium processing postmarked on or after that date must include the new fee.

Please consult the new fee schedule below:

FormPrevious FeeNew Fee
Form I-129, Petition for a Nonimmigrant Worker, H-2B or R-1 nonimmigrant status$1,685$1,780
Form I-129, Petition for a Nonimmigrant Worker, all other available Form I-129 classifications:

E-1, E-2, E-3
H-1B, H-3
L-1A, L-1B, LZ
O-1, O-2
P-1, P-1S, P-2, P-2S, P-3, P-3S
Q-1
TN-1, TN-2

$2,805$2,965
Form I-140, Immigrant Petition for Alien Worker, employment-based classifications:

E11, E12, E13
E21 (NIW and non-NIW)
E31, E32
EW3

$2,805$2,965
Form I-539, Application to Extend/Change Nonimmigrant Status, requesting:

F-1, F-2
J-1, J-2
M-1, M-2

$1,965$2,075
Form I-765, Application for Employment Authorization, for certain eligible applications (OPT and STEM-OPT Classifications)$1,685$1,780

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15. DOL, DHS Announce Additional 35,000 Visas to Supplement FY 2026 H-2B Cap

The Departments of Labor (DOL) and Homeland Security (DHS) said they will make an additional 35,000 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2026, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year.

The agencies said they will focus these additional H-2B visas on U.S. businesses with seasonal or temporary workforce needs in “critical infrastructure sectors of the U.S. economy, such as seafood, forestry, hospitality and tourism, transportation, and manufacturing.” DOL and DHS said they plan to release these additional H-2B visas, including any eligibility criteria and filing requirements, “in the coming weeks through a temporary final rule published in the Federal Register.”

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16. DOS Adds Countries Subject to Visa Bonds and Expands Ports of Entry

The Department of State (DOS) has identified nationals from a list of countries as needing visa bonds. Any citizen or national traveling on a passport issued by one of these countries, who is found otherwise eligible for a B1/B2 visa, must post a bond for either $5,000, $10,000, or $15,000. The amount is determined at the time of the visa interview.

All visa holders who have posted a visa bond must enter and exit the United States through one of the designated ports of entry listed below. Failure to do so might lead to a denied entry or a departure that is not properly recorded, DOS said. The earliest date on which a visa holder who posted a visa bond may enter or exit at each port of entry is in parentheses. Additional designated ports of entry will be added on a rolling basis:

Boston Logan International Airport (BOS) (August 20, 2025)

John F. Kennedy International Airport (JFK) (August 20, 2025)

Washington Dulles International Airport (IAD) (August 20, 2025)

Newark Liberty International Airport (EWR) (January 1, 2026)

Hartsfield-Jackson Atlanta International Airport (ATL) (January 1, 2026)

Chicago O’Hare International Airport (ORD) (January 1, 2026)

Los Angeles International Airport (LAX) (January 1, 2026)

Toronto Pearson International Airport (YYZ) (January 1, 2026)

Montréal-Pierre Elliott Trudeau International Airport (YUL) (January 1, 2026)

The applicant must also submit a Form I-352 with the Department of Homeland Security. 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 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. Applicants will receive a direct payment link through Pay.gov. They must not use any third-party website for posting the bond, according to DOS.

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17. DHS Launches Sweeping Fraud Investigation in Minnesota

On January 9, 2026, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced that they have launched Operation PARRIS (Post-Admission Refugee Reverification and Integrity Strengthening) in Minnesota, “a sweeping initiative reexamining thousands of refugee cases through new background checks and intensive verification of refugee claims.”

The initial focus is on Minnesota’s 5,600 refugees who have not yet received green cards. DHS said that USCIS’s newly established vetting center is leading Operation PARRIS, with adjudicators conducting background checks, reinterviews, and merit reviews of refugee claims.

Begun in mid-December and now referring cases to U.S. Immigration and Customs Enforcement, Operation PARRIS is part of a broader strategy to implement enhanced screening standards, DHS said. It appears that all refugee approvals from January 21, 2021, to February 20, 2025 (approximately 233,000 cases) will be reviewed.

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New Publications and Items of Interest

Know your rights. A number of organizations, including the American Civil Liberties Union (ACLU) (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, the American Immigration Lawyers Association, and the Asian Law Caucus, have published resources highlighting immigrants’ and nonimmigrants’ rights in the United States and at ports of entry, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California also released Know Your Rights: U.S. Airports and Ports of Entry.

E-Verify webinars: E-Verify 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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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has announced that four of its EB-5 attorneys have received recognition in the 2025 Top 25 issue of EB5 Investors Magazine: Ron Klasko, Anu Nair, Jessica DeNisi, and Alison Li. Mr. Klasko was recognized on the EB-5 All Stars list. Ms. Nair and Ms. DeNisi were recognized as Top Immigration Attorneys. Ms. Li was recognized on the Top 10 Rising Stars list. With offices in Philadelphia, New York, and Washington, DC, the firm provides top-tier legal services to individuals, multinational corporations, small companies, universities, and hospitals.

Klasko Immigration Law Partners, LLP, has published several new client alerts: Temporary Pause on Certain Immigrant Visas Pending Public Charge Review and EEOC’s New Guidance Targeting Anti-American Bias: What Employers Should Know.

Charles Kuck, of Kuck Baxter, was interviewed by ABC News Australia on its program, Trump Administration Defends Killing Man in Minneapolis, Contradicting Videos.

Mr. Kuck was quoted by World in ICE Memo Argues for Home Searches Without Judicial Warrant. He said, “I am slack-jawed. It’s truly unbelievable. Prior to this, we saw ICE doing this, but we just assumed it was rogue agents. Now we know they’re being instructed to violate the Constitution.” Mr. Kuck added, “Our Constitution protects ‘people,’ it doesn’t [just] protect ‘citizens.’ Everybody that is in the United States, regardless of their immigration status, [is] protected by the basic rights of the Bill of Rights, which includes the right to be free of search and seizure without a judicial warrant.” Mr. Kuck noted that not every individual who has deportation orders is trying to flee justice. Often, individuals don’t even know that they have final orders calling for their removal, he said. “There are hundreds of thousands of people walking around the United States with removal orders that don’t know they have them. I see it every week at my practice, when someone comes in and I’m the one to inform them that they have a removal order.” Additionally, he said that there may be some legal relief available even after removal orders are issued. He also said, “We really haven’t seen the level of enforcement in Georgia that you’ve seen elsewhere around the United States. “But I have colleagues around the country that are actively putting together these complaints and moving forward.”

Cyrus Mehta has authored several new blog posts: No Dramatic Changes in Immigration Cases After Loper Bright, DOS Announces Temporary Pause on Certain Visas for Nationals of 75 Countries Based on Unfounded Concerns That They Will Seek Public Benefits, Police State for Noncitizens in the U.S.?, and Evisceration of the H-1B Program Through Executive Action.

Stephen Yale-Loehr, of Miller Mayer, LLP, co-authored an op-ed published in The Hill, Back to the Future: Trump’s Restrictions Echo the Immigration Act of 1924.

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Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
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https://www.abil.com/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2026-02-01 17:37:142026-02-09 16:03:59ABIL Immigration Insider • February 1, 2026

ABIL Global Update • February 2026

February 01, 2026/in Global Immigration Update /by ABIL

Headlines:

1. PROFESSIONAL AND ACADEMIC CREDENTIALS AND LICENSES: AN OVERVIEW – This article provides an update on professional and academic credentials and licenses in several countries.

2. CANADA – This article summarizes the Canadian government’s announcements with respect to immigration as of the end of 2025 and the start of 2026.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – February 2026


Details:

1. PROFESSIONAL AND ACADEMIC CREDENTIALS AND LICENSES: AN OVERVIEW

This article provides an update on professional and academic credentials and licenses in several countries.

Italy

When moving to Italy for work, one important aspect to understand is how professional qualifications are treated. Italy distinguishes between regulated professions and non‑regulated professions, and the difference has a direct impact on visa options and on the steps required to work legally in the country.

Non-Regulated Professions

These are professions that can be carried out without a specific academic degree or professional license. They are open both to Italian and foreign qualification holders, and no formal recognition of foreign credentials is required for immigration purposes.

This category includes many roles in the creative, artistic, communication, and marketing sectors, as well as roles such as interpreters and translators. For these professions, a foreign qualification is normally sufficient to support a work visa application without any additional recognition procedure. For non‑regulated professions, it is generally sufficient to provide proof of relevant professional experience or possession of the necessary academic qualifications, duly validated by Italian consular authorities abroad by means of the Dichiarazione di Valore (Declaration of Value), which is an official statement confirming the level and nature of the foreign degree.

Regulated Professions

Regulated professions are those for which Italian law requires a specific academic degree, professional training, and very often a State exam or registration with a professional body. This applies, for example, to medical and healthcare professions, engineering, architecture, teaching, law, and several other fields. The recognition process in Italy may also include additional steps such as a practical training period or specific tests requested by the relevant authority.

Only individuals who are formally authorized under Italian law can practice these professions. Foreign professionals must therefore obtain official recognition of their professional qualifications from the relevant Italian authority before they can work in Italy in such a role.

Where to Check if a Profession is Regulated

Italy keeps an official list of all regulated professions, including the relevant authority and recognition procedures. The list is available on the government portal, Impresa in un giorno. This is an essential resource to determine whether a specific profession requires prior recognition and which documents are needed before applying for a work visa or starting a professional activity in Italy.

Mexico

Foreign nationals who wish to work in Mexico must comply with both immigration and professional-licensing requirements, which are legally independent from each other. Regardless of qualifications, a foreigner must first hold a Mexican immigration status that allows work, such as Temporary Resident with permission to work, or Permanent Resident.

To legally practice a regulated profession in Mexico, a foreign national must obtain a cédula profesional (official professional license authorizing practice in Mexico). This license is issued by the Ministry of Education in Mexico, and it is required for both Mexican and foreign professionals. There is a list of regulated professions in Mexico; the most common are law, medicine, engineering, architecture, accounting, and psychology.

Before obtaining the professional license, the foreign national’s studies should be revalidated to be recognized in Mexico, which confirms that the foreign education is academically equivalent to a Mexican degree.

To work legally as a professional in Mexico, a foreign national generally needs:

  1. Valid immigration status with work authorization;
  2. Recognition or revalidation of a foreign degree (if applicable);
  3. A cédula profesional issued by the Dirección General de Profesiones (if applicable); and
  4. Proper tax registration.

Spain

Pursuant to Articles 71 and 71 Bis of Chapter IV of the Entrepreneurs’ Act 14/2013 related to Highly Qualified Professionals, Spanish immigration law provides for a residence permit applicable throughout Spain when a company or a foreign professional is required to carry out a highly qualified employment or professional activity. This permit may be granted under two modalities: the European Union (EU) Blue Card or the national residence permit for highly qualified professionals. In both cases, eligibility is based either on formal academic qualifications or on equivalent professional experience. For the EU Blue Card, applicants must hold a higher education qualification of at least three years corresponding to Marco Español de Cualificaciones para la Educación Superior (MECES) [Spanish Qualifications Framework for Higher Education] Level 2 and European Qualifications Framework Level 6, or alternatively demonstrate five years of relevant professional experience, reduced to three years within the previous seven years for information and communication technology professionals and managers. For the national authorization, applicants must hold a qualification equivalent to at least MECES Level 1 (Spanish Qualifications Framework for Lifelong Learning [MECU] Level 5A) or demonstrate a minimum of three years of professional experience considered equivalent to the required qualification.

As a general rule, the competent authorities assess whether the qualification or professional experience meets the legally required level and is appropriate for the position specified in the employment contract. Formal homologation or official recognition of foreign academic qualifications is not required for either Highly Qualified Professional modality, unless the activity to be performed constitutes a regulated profession in Spain, in which case recognition must be obtained in accordance with the sector-specific regulations applicable to the profession and prior application for the residence permit.

Türkiye

Turkish immigration law restricts work authorization to engage in many fields that require professional licenses. This includes not only those fields that most countries restrict (e.g., medical doctors, pharmacists, lawyers) but also areas many countries do not restrict for foreigners (e.g., engineers, midwives, tour guides). For many fields, the restriction is related to the fact that the degree is foreign. So, for example, a Turkish national who earns an engineering degree outside of Türkiye will need to have a degree equivalency to work in a capacity as a licensed engineer. This will involve both an education equivalency process and acquiring membership in the Union of Chambers of Turkish Engineers and Architects (TMMOB). Conversely, a foreigner who obtains an engineering degree in a Turkish university will generally only need to acquire membership in TMMOB to apply for a work permit as an engineer.

The field of engineering is particularly nuanced. If the position requires a licensed engineer or an architect who will need to act as signatory for a project/works, an equivalency is required as well as acquisition of membership in TMMOB, and certain signatory roles may even require Turkish nationality. But if the position is more generally engineering- or technology-oriented, and the job title does not include “engineer,” a work permit can be considered without an equivalency or membership in TMMOB.

Some fields require actual Turkish citizenship to engage in the profession, such as lawyers (engaging in litigation), notaries, judges, and many public-sector positions, including licensed tour guides. Certain exceptions exist under laws related to the field (e.g., health and education-related regulations, laws related to Turkic peoples).

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2. CANADA

This article summarizes the Canadian government’s announcements with respect to immigration as of the end of 2025 and the start of 2026.

To wrap up 2025 and kick off 2026, Immigration, Refugees, and Citizenship Canada (IRCC) announced a number of developments.

IRCC announced the end or the continued pause of some programs in line with the government’s targeted reduction in the number of new permanent residents. It also announced a new Express Entry category to help alleviate the shortage of physicians in Canada and bolster the healthcare sector.

5,000 Express Entry Permanent Residence Spaces for Doctors. To help alleviate Canada’s shortage of healthcare professionals and, in this case, physicians, the government announced that it will launch an Express Entry category that will target doctors and that in 2026, 5,000 spaces will be allocated for these doctors so they can apply for permanent residence (PR). International doctors who have at least one year of Canadian work experience in an eligible occupation in the last three years will be eligible for this stream. Further, doctors who are invited to apply under this stream and who submit work permit applications to stay in status while their PR applications are being processed will also receive expedited 14-day processing of their work permit applications.

Expanded Eligibility for Self-Employed Physicians in Ontario. Ontario has expanded the eligibility criteria for self-employed physicians under the Ontario Immigrant Nominee Program (OINP) Employer Job Offer: Foreign Worker Stream. Due to the nature of their work, in which they often work with multiple health organizations, physicians are often self-employed. As per the OINP, physicians under National Occupational Classification (NOC) codes 31100 (Specialists in clinical and laboratory medicine), 31101 (Specialists in surgery) and 31102 (General practitioners and family physicians) who are members in good standing with the College of Physicians and Surgeons of Ontario, and hold a provisional certificate of registration, are now eligible to apply as self-employed to the OINP for a certificate of nomination as long as they have an Ontario Health Insurance Plan (OHIP) billing number.

Additionally, the postgraduate license has been removed from the list of eligible licenses because postgraduate license-holders are unable to meet the requirement of having an OHIP billing number. Instead of the Employer Job Offer: Foreign Worker Stream, recently graduated license-holders may be eligible under the OINP’s Employer Job Offer: Foreign Worker stream if they have a job offer with an Ontario employer.

Start-Up Visa Program Closing. IRCC has announced that as of December 31, 2025, it will no longer accept new Start-Up Visa (SUV) Program applications for permanent residence except for those who already have a valid commitment from a designated organization in 2025 but have not yet applied. Further, as of December 19, 2025, the optional work permit available to SUV Program applicants is no longer available except for those already in Canada applying to extend their current SUV work permits. This cancellation of the SUV Program follows other measures to reduce the number of PRs as part of the government’s reduction in overall PR numbers.

Continued Pause of the Self-Employed Persons Program. The government has also announced that it will continue the pause of the Self-Employed Persons PR Program, which was targeted to those with experience in cultural activities or in athletics/sports. Currently, there is no planned date for this program to begin accepting applications again.

Continued Pause of the Home Child Care Provider Pilot and Home Support Worker Pilot. The Home Child Care Provider Pilot and Home Support Worker Pilot programs for PR have been paused since June 17, 2024. IRCC announced that in line with its Immigration Levels Plan, it will not be re-opening these pilot programs or accepting new applications in 2026.

International Experience Canada Working Holiday Open Work Permit Program for 2026 Now Open. IRCC has opened the intake for the 2026 International Experience Canada (IEC) Working Holiday program for young people aged 18 to 35 to apply for open work permits. The candidate must be a citizen of an eligible country or have an invitation from a Recognized Organization. Those interested should create a profile to join the pool for potential selection by IRCC as soon as possible to maximize their chances of being selected. They can do so on this webpage.

Large Express Entry Draws Ending the Year. To close the year, IRCC conducted Express Entry draws, which are some of the largest conducted all year. It continues to focus on those with French language proficiency, those with Canadian work experience, and those who have been nominated under a Provincial or Territorial Nominee Program. The cut-off Comprehensive Ranking System (CRS) score for the Canadian Experience Class draw on December 16, 2025, was 515 and on December 10, 2025, it was 520. These represent some of the lowest scores all year. However, many still do not have the requisite points to be selected since the government removed the points for a Canadian job offer earlier this year.

The government continues its focus on increasing use of the French language through French proficiency draws. On December 17, 2025, 6,000 people were invited to apply for PR with a CRS cut-off of 399 points, and on October 29, 2025, 6,000 people were also invited to apply for PR with a CRS cut-off of 416 points.

On December 8, 2025, a Provincial/Territorial Nominee Program draw was conducted with a cut-off score of 731 (600 points are allocated for a provincial or territorial nomination) and with 1,123 people invited to apply for PR. On December 15, 2025, another draw was conducted with a cut-off score of 731 and 399 candidates invited to apply for PR.

Francophone Immigration Targets Exceeded. As the federal government continues its initiative to expand the proportion of French-speaking immigrants outside of Québec to 12 percent by 2029, it has announced that in 2025, French-speakers accounted for 8.9% of new permanent residents outside of Québec. It has further announced that 5,000 permanent resident spaces will be allocated to the provinces and territories for their nominee programs to designate French-speaking immigrants. The goal is to reduce the shortage of Francophone and bilingual workers in order to strengthen the dynamic of French as an official language of Canada.

CRS Scores for Express Entry Draws Slowly Dropping. As the number of temporary residents—comprising students, workers, and those staying long-term under visitor status—in Canada is reduced in line with the government’s goal of less than 5% as a proportion of the total population by the end of 2027, the lowest draw for the Canadian Experience Class since September 2024 occurred on January 21, 2026. The Comprehensive Ranking Score (CRS) cutoff was 509. On January 7, 2026, a draw also occurred with a cutoff CRS score of 511. The CRS cutoffs are expected to come down slowly as fewer temporary residents are admitted to Canada.

U.S. Customs and Border Protection Pre-Clearance Expansion Moving Ahead. Pre-clearance with U.S. Customs and Border Protection (CBP) in Canada before traveling to the United States is available at multiple airports and one seaport of entry. This process allows travelers to clear customs and immigration for the United States before traveling. CBP has confirmed that expanding pre-clearance is part of its border security strategy, and it will move ahead with this despite the U.S. Ambassador to Canada casting doubt on this due to decreased travel of Canadians to the United States. One of the expanded pre-clearance facilities will be Billy Bishop Airport in Toronto. The current pre-clearance locations in Canada are listed here: https://www.publicsafety.gc.ca/cnt/brdr-strtgs/prclrnc/index-en.aspx?wbdisable=true.

Effects on Healthcare Coverage of Long Work Permit Extension Processing Times. Applicants who have applied before their existing immigration status expires can benefit from maintained status and continue to remain in Canada and work or study under the conditions of their expired work or study permit until a decision is made on their pending application. However, these individuals often run into issues in renewing their provincial or territorial healthcare coverage. Experiences differ from province/territory to province/territory, and from officer to officer.

Effects on Driver’s Licenses of Long Work Permit Extension Processing Times. Ontario and some other provinces are now considering amending the requirements for a driver’s license requiring proof of an applicant’s valid immigration document. Consequently, this could lead to issues, especially for those on maintained temporary resident status who need to drive to get to work or who drive for work.

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New Publications and Items of Interest

Alliance of Business Immigration Lawyers:

  • ABIL is available on X (formerly Twitter): @ABILImmigration
  • Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Vic Goel was quoted by Forbes in DHS Finalizes Controversial Immigration Rule on H-1B Lottery. He said, “The Department of Labor’s [DOL] [Occupational Employment and Wage Statistics] wage levels are designed as a job classification tool that reflects the amount of experience, supervision and responsibility required for a position, not an assessment of whether the worker is ‘highly skilled’ or ‘less skilled.’ A Level I role is simply an entry-level version of the occupation, while Level IV is a senior-level position requiring greater judgment and independence.” Mr. Goel said he disagrees with the central premise of the rule: that higher wage levels in the DOL system equate to higher skill and greater economic value. “[U.S. Citizenship and Immigration Services] used its framing to justify weighting the lottery in favor of Level III and IV beneficiaries. Wage levels don’t correspond to skill in the way USCIS suggests, and instead they correspond to how DOL has structured job progression for prevailing wage purposes.” He said that the two systems are incompatible because the DOL wage levels focus only on making sure an employer’s pay for foreign nationals is fair relative to the job requirements. “USCIS lottery weighting attempts to twist those same levels into a proxy for ‘skill’ and ‘best and brightest,’ ” he said.

Klasko Immigration Law Partners, LLP, has announced that four of its EB-5 attorneys have received recognition in the 2025 Top 25 issue of EB5 Investors Magazine: Ron Klasko, Anu Nair, Jessica DeNisi, and Alison Li. Mr. Klasko was recognized on the EB-5 All Stars list. Ms. Nair and Ms. DeNisi were recognized as Top Immigration Attorneys. Ms. Li was recognized on the Top 10 Rising Stars list. With offices in Philadelphia, New York, and Washington, DC, the firm provides top-tier legal services to individuals, multinational corporations, small companies, universities, and hospitals.

Klasko Immigration Law Partners, LLP, has published several client alerts: EEOC’s New Guidance Targeting Anti-American Bias: What Employers Should Know and Temporary Pause on Certain Immigrant Visas Pending Public Charge Review.

Charles Kuck, of Kuck Baxter, was quoted by World in ICE Memo Argues for Home Searches Without Judicial Warrant. He said, “I am slack-jawed. It’s truly unbelievable. Prior to this, we saw ICE doing this, but we just assumed it was rogue agents. Now we know they’re being instructed to violate the Constitution.” Mr. Kuck added, “Our Constitution protects ‘people,’ it doesn’t [just] protect ‘citizens.’ Everybody that is in the United States, regardless of their immigration status, [is] protected by the basic rights of the Bill of Rights, which includes the right to be free of search and seizure without a judicial warrant.” Mr. Kuck noted that not every individual who has deportation orders is trying to flee justice. Often, individuals don’t even know that they have final orders calling for their removal, he said. “There are hundreds of thousands of people walking around the United States with removal orders that don’t know they have them. I see it every week at my practice, when someone comes in and I’m the one to inform them that they have a removal order.” Additionally, he said that there may be some legal relief available even after removal orders are issued. He also said, “We really haven’t seen the level of enforcement in Georgia that you’ve seen elsewhere around the United States. “But I have colleagues around the country that are actively putting together these complaints and moving forward.”

Mr. Kuck was interviewed by ABC News Australia on its program, Trump Administration Defends Killing Man in Minneapolis, Contradicting Videos.

Cyrus Mehta has authored several blog posts: Police State for Noncitizens in the U.S.?, DOS Announces Temporary Pause on Certain Visas for Nationals of 75 Countries Based on Unfounded Concerns That They Will Seek Public Benefits, Evisceration of the H-1B Program Through Executive Action, 2025 in Perspective Through the Insightful Immigration Blog, and No Dramatic Changes in Immigration Cases After Loper Bright.

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: Another Round of Country Bans Driven by Presidential Animus and Deferred Action for Special Immigrant Juveniles Survives Trump’s Attempts to Eliminate It.

Mr. Mehta appeared on a CNBC program about the new H-1B wage prioritization rule and the $100,000 fee. The program was broadcast in India nationally and released on YouTube.

Mr. Mehta was quoted by the Times of India in ‘Fits the Pattern’: Former Immigration Official Says Trump Could Permanently End Green Card Program as Lottery Stops. The article quoted Mr. Mehta’s “X” post: “One person’s bad actions should not be used to shut down the entire Diversity Visa program that is mandated by Congress. The Brown University shootings were not as a result of the visa program but based on the motivations of an individual. The President has in the past unfortunately attacked the DV program because it brings people from ‘shithole’ countries to the U.S. The alleged killer in this case is from Portugal, which hardly qualifies from among the countries that Trump has denigrated. The administration should not be using these unfortunate killings as a pretext to shut down immigration programs it disfavors.”

Mr. Mehta was quoted by the Economic Times in A Million-Dollar Gold Card, Yet the Same Long Wait for Indians Eyeing American Shores. Commenting on the long waits people born in India will face if they apply for the Gold Card, he said, “If you are born in India, beware of Trump’s Gold Card, as you will be stuck in the India EB-1 or EB-2 backlogs for years and even decades after you have shelled out $1 million or more and won’t see your green card for a very long time or never.”

Mr. Mehta was quoted by the Times of India in U.S. to Scan Social Media of all H-1B, H-4 Visa Applicants From December 15. Commenting on the new social media vetting policy for H-1Bs, he said, “The policy to punish H-1B holders who have been involved in censorship in the tech sector appears to be hypocritical. The Trump administration will deny a visa benefit if you (say as an executive in a social media company) have censored a person or viewpoint they favour – however politically incorrect, hurtful or obnoxious it may be. On the other hand, the Trump administration will have no compunctions to punish you if you have expressed views that they disfavor such as views perceived to be anti-Americanism even if it is protected under the First Amendment.”

Stephen Yale-Loehr, of Miller Mayer, LLP, co-authored an op-ed published in The Hill, Back to the Future: Trump’s Restrictions Echo the Immigration Act of 1924.

Mr. Yale-Loehr was quoted by Law360 in The Legal Fights Set to Define Access to Justice in 2026. He said that although the Supreme Court has largely deferred to President Trump on most immigration issues, the birthright citizenship case might present an opportunity to distance itself from his administration’s policies. “The court wants at least one case, I think, to show that it does have some independence from President Trump by ruling against him. I think this is an example of such a case,” he said.

Mr. Yale-Loehr was quoted by the New York Times in Trump Administration Pauses Diversity Immigration Program After Brown Shooting. He noted that the program was created by Congress and presidents “cannot unilaterally negate or terminate an immigration program.” He said that although the Trump administration was likely to argue that the president could bar the entry of any foreign national who posed a national security risk, the courts would have to decide whether that authority allowed the president to suspend the diversity visa program entirely. “This is another example of the Trump administration acting first and letting the courts figure out the legality later,” he said.

Mr. Yale-Loehr was quoted by Smart Cities Dive in Illinois Law Tightens State Limits on Federal Immigration Enforcement. He said that “the dividing line between federal and state regulation of immigration has always been murky,” but “federal law has generally trumped state efforts to regulate immigration because courts have ruled that immigration touches on sovereignty and foreign relations.”

Mr. Yale-Loehr was quoted by MarketWatch in Trump’s $1 Million ‘Gold Card’ Immigration Program is Close to Launching. Here’s What’s Ahead.

Mr. Yale-Loehr and four other Cornell Law experts will present a free webinar on Thursday, January 8, 2026, from 1 to 2 p.m. ET on how immigration law and policy changed in 2025 and what we might expect in 2026. If you can’t make the live webinar, you can register to get the link to view the webinar afterwards. More information and registration is here: https://ecornell.cornell.edu/keynotes/overview/K010826a/

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