SCOTUS Hears Arguments on Birthright Citizenship
The U.S. Supreme Court recently heard arguments on April 1, 2026, in Trump v. Barbara, on the Administration’s bid to eliminate birthright citizenship for children of undocumented and temporary foreign nationals in the U.S. Under the Executive Order being challenged, the U.S. government would no longer recognize the U.S. citizenship of children born in the United States to temporary visa holders, including F-1 students, J-1 exchange visitors, as well as H-1 and L-1 nonimmigrant workers.
While the outcome is still uncertain, the government attorneys faced tough questions from the justices, particularly from Justices Sotomayor, Jackson, Kagan, and Gorsuch.
The Supreme Court’s term runs between October and June, with major decisions often being handed down in the final weeks of the Court’s term. We expect a ruling no sooner than the end of May, and likely in June, given the importance of this case.
If the executive order goes into effect, it will also lead to massive administrative burdens on every U.S. family, regardless of their status, as the government attempts to verify the immigration status and residence for the parents of every child born in the U.S.
Read our full alert here.
DOL Releases Long-Anticipated Prevailing Wage Proposed Rule
On March 27, 2026, the Department of Labor (DOL) released a long-anticipated proposed rule that could significantly reshape prevailing wage requirements for H-1B, PERM, and related programs.
The proposal would revise how prevailing wages are calculated for PERM labor certifications for green card applications and Labor Condition Applications (LCAs) used in H-1B, H-1B1, and E-3 nonimmigrant filings. The rule would raise the minimum wages that must be offered for employers to sponsor H-1B workers and employment-based green cards. It follows years of litigation and regulatory uncertainty stemming from an October 2020 interim final rule (IFR) and subsequent agency actions. While the proposed rule continues DOL’s effort to raise wage levels, some commenters say that it adopts a more moderate approach than the 2020 IFR and note that it is being issued through standard notice-and-comment rulemaking.
The proposed rule would not eliminate the ability of employers to use private wage surveys meeting current DOL standards. For employers who can’t use the Occupational Employment and Wage Statistics (OEWS) wage survey due to incompatibility between their job descriptions and the OEWS wage-leveling system, this continuity will be critical to their H-1B and PERM programs.
DOL said that these changes are intended to better reflect wages paid to similarly employed U.S. workers and reduce the potential for wage undercutting. As a practical matter, however, by eliminating the current entry-level wage classification and requiring entry-level workers to be offered wages currently at Level II in the OEWS wage system, many smaller employers and nonprofit employers could be shut out of the H-1B and PERM system.
The rule would not retroactively affect previously issued prevailing wage determinations, LCAs, or PERM applications. The effective date is not yet set; the DOL will receive comments until May 26, 2026. Read our recent client alert for more information on the wage changes, the impact on immigration strategy, and what employers should do next.
April Visa Bulletin Advances Filing and Final Action Dates for Immigrant Visa Numbers in Various Categories
The Department of State’s Visa Bulletin for April reports, among other things, that immigrant visa issuance rates for people from certain countries have decreased. Consequently, to make visas available to prospective immigrants from other countries, the dates for filing and final action dates have been advanced across various immigrant visa categories.
The bulletin notes that, as additional immigrant visa demand materializes or administration actions are amended, retrogression may be necessary later in the fiscal year to keep issuances within annual limits.
DOS Announces Expansion of Social Media Vetting to Additional Nonimmigrant Visa Classifications
On March 25, 2026, the Department of State (DOS) announced that effective March 30, the agency will expand its “online presence review” to include applicants in additional nonimmigrant visa classifications: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U classifications. These are in addition to H-1B applicants and their dependents, and the F, M, and J student and exchange visitor visa applicants already subject to social media review.
To facilitate this vetting, DOS said, all applicants for these categories are instructed to adjust the privacy settings on all of their social media profiles to “public” or “open.”
Reportedly, social media vetting of H-1B applicants has resulted in “immense backlogs at U.S. consulates.”
‘Keep Innovators in America Act’ Would Codify OPT Program
A bipartisan bill, the “Keep Innovators in America Act” (H.R. 8013), would codify the Optional Practical Training (OPT) program for international students in the United States. Introduced on March 19, 2026, by Reps. Sam Liccardo (D-CA), Jay Obernolte (R-CA), and Raja Krishnamoorthi (D-IL), the bill is aimed at attracting and retaining U.S.-trained talent.
Rep. Obernolte said, “At a time of intensifying global competition, it is not in our national interest to educate the world’s most talented students in American institutions only to send them abroad to compete with us. This legislation ensures that we can retain top talent in critical fields on a temporary basis while strengthening American innovation and maintaining strong oversight and respect for our immigration laws.”
Benjamin Johnson, Executive Director of the American Immigration Lawyers Association (AILA), said that international students “contribute more than $40 billion annually to the U.S. economy and support hundreds of thousands of American jobs.” Scott Corley, Executive Director of Compete America, said the OPT program “has played a key role in sustaining America’s global technology leadership. For decades, OPT has helped ensure that the world’s best STEM [science, technology, engineering, and mathematics] students – educated at U.S. universities – can contribute to our economy, strengthen our workforce, and drive innovation here at home rather than abroad. At a time when the United States faces increasing global workforce competition in critical and emerging technology fields, maintaining and strengthening this pathway through statutory codification is an essential step toward keeping top talent in the United States and ensuring our economy, national security, and innovation ecosystem remain the strongest in the world.”
The “U.S. for Success Coalition,” a group of more than 50 organizations, supports the bill. Its endorsement list also includes the Compete America Coalition, Technet, the Information Technology Industry Council (ITI), FWD.us, AILA, the Presidents’ Alliance on Higher Education and Immigration, the Council of Graduate Schools, NAFSA: Association of International Educators, AIRC: The Association of International Enrollment Management, AIFS: American Institute for Foreign Study; the American Association of Collegiate Registrars and Admissions Officers, Global Detroit, EnglishUSA, Studyportals, the Alliance for International Exchange, TESOL International Association, and Shorelight, LLC.
DOL Proposes Rule on Determining Employee/Independent Contractor Status
On February 27, 2026, the Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule that would rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) and replace it with the analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. DOL also proposes to apply this analysis to the Migrant and Seasonal Agricultural Worker Protection Act, which incorporates the FLSA’s scope of employment.
Among other provisions, the proposed rule would include:
- A provision discussing the “economic reality” test for distinguishing FLSA employees from independent contractors, including that the ultimate inquiry of economic dependence turns on whether an individual is in business for him- or herself (independent contractor) or is economically dependent on an employer for work (employee) (DOL is additionally proposing to provide further context on the meaning of economic dependence); and
- Provisions describing factors examined as part of the economic reality test, including two core or primary factors – the nature and degree of the individual’s control over the work and the individual’s opportunity for profit or loss.
DOL said it welcomes comments on the inclusion of additional context on economic dependence into the regulations, explaining that “economic dependence for work rather than economic dependence for income is the proper inquiry.” Specifically, DOL has added the following sentences to the end of the proposed § 795.105(b):
Though both employees and independent contractors are dependent on others in some sense, economic dependence in this context means the dependence that a typical employee has on an employer for work, as opposed to an individual who has more of the nature and character of a business owner who has a separate business. Economic dependence does not focus on the amount of income the worker earns, or whether the worker has other sources of income.
Comments on the proposed rule are due by April 28, 2026, via one of the methods provided in the notice.
DOS Adds 12 More Countries to List Subject to Visa Bonds for B-1/B-2 Visas
On March 18, 2026, the Department of State (DOS) added 12 countries to the list of those subject to visa bonds for persons traveling to the United States on temporary B-1 (business) and B-2 (visitor) visas. The newly added countries include Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Nicaragua, Papua New Guinea, Seychelles, and Tunisia. The list includes the implementation date for each country.
DOS noted that a citizen or national traveling on a passport issued by one of the listed countries who is found otherwise eligible for a B-1 or B-2 visa must post a bond for $5,000, $10,000, or $15,000. The amount is determined at the time of the visa interview. The applicant must also submit the Department of Homeland Security Form I-352. 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 the 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, DOS advised. Applicants will receive a direct link to pay through Pay.gov. They must not use any third-party website for posting the bond. If someone pays fees without a consular officer’s direction, the fees will not be returned, DOS said. A bond does not guarantee visa issuance.
A temporary final rule, published in the Federal Register on August 5, 2025, established the pilot program.
Global Entry Program Restarted Amid Partial DHS Shutdown
The Global Entry Program, which the Trump administration had paused amid a partial Department of Homeland Security (DHS) shutdown due to a lapse in funding, was reactivated on March 11, 2026. The program allows U.S. citizens and permanent residents to expedite their reentry into the United States after traveling abroad.
The reactivation follows reports of lengthy delays in processing travelers at airports. A pause on the T.S.A. PreCheck expedited security program was also quickly restarted. The DHS shutdown continues, although many of the agency’s functions are continuing while existing funds remain.
Texas to Require Proof of Legal Status for Professional Licensing
According to reports, on March 24, 2026, Texas’ Commission of Licensing and Regulation approved a new rule, effective May 1, 2026, to require applicants for professional licenses to provide proof of legal status in the United States before they can obtain a license. The new ruling affects not only doctors and lawyers but also barbers, electricians, educational professionals, dog breeders, used car parts recyclers, cosmetologists, accountants, and others who obtain licenses to operate.
Caroline Espinosa, a spokesperson for the Texas Department of Licensing and Regulation, which is overseen by the Commission, said that “the department is moving forward with lawful presence verification. This ensures consistent, secure practices across all programs and strengthens our ability to identify and deter fraud, labor exploitation, and human trafficking.”
Some raised concerns about the new rule. Democratic state Sen. Sarah Eckhardt of Austin, who is campaigning for comptroller of public accounts, said, “Texas cannot afford to lose qualified and skilled licensees in these high-demand jobs. The impact of TDLR’s proposed rule is likely more far-reaching than what was initially assessed by the agency.”
Australia: Skilled Visa Salary Threshold to Increase in July
Australia will increase salary thresholds for employer-sponsored skilled visas effective 1 July 2026, as part of the government’s annual indexation of income requirements tied to national wage growth.
The Core Skills Income Threshold and Specialist Skills Income Threshold, which apply to key visa pathways including the Skills in Demand (subclass 482) and Employer Nomination Scheme (subclass 186), are indexed each year to ensure that sponsored workers are paid in line with Australian labor market standards.
Updated thresholds will apply to nomination applications lodged on or after 1 July 2026, while applications submitted before that date will continue to be assessed under the current requirements.
The indexation framework is intended to prevent underpayment of foreign workers and maintain alignment between migration settings and prevailing wages in Australia.
Indonesia: Enforcement of Mandatory Job Vacancy Reporting in Effect
Indonesia is now actively enforcing job vacancy reporting rules, requiring employers to submit and update hiring data through a government system.
Indonesia has moved from an advisory approach to active enforcement of its job vacancy reporting regime, strengthening compliance expectations under regulations introduced in 2023. Employers are now required to report open positions through the national employment platform and update records once roles are filled. The system captures detailed information, including job requirements, compensation, and location, enabling greater government oversight of labor market activity. Authorities have indicated that compliance will be monitored more closely, with administrative penalties such as warnings and potential restrictions on employment-related services for non-compliance. The requirement applies broadly across private and public sector employers and is intended to improve transparency and workforce planning. While the reporting obligation focuses on roles for Indonesian workers and does not directly affect foreign work permit processing, employers hiring internationally must still integrate this step into recruitment workflows. Organizations should review internal hiring procedures to ensure timely and accurate reporting to avoid compliance risks.
New Zealand: AEWV Updates Include Wage Increase and Occupation List Changes
New Zealand has increased its immigration median wage and expanded its occupation classification system, affecting work visa eligibility and related thresholds.
New Zealand has introduced updates to its Accredited Employer Work Visa (AEWV) framework, including an increase in the immigration median wage to NZD 35 per hour and changes to occupation classifications under the National Occupation List (NOL). While the general wage threshold for the visa category has been removed, several settings remain tied to the median wage, including requirements for certain roles and family sponsorship thresholds. Concurrently, 47 additional occupations have been added, and some roles reclassified under the NOL, which may impact visa eligibility, duration, and access to dependent benefits. Employers should review salary levels and job classifications to ensure compliance and assess the impact on workforce planning.
Georgia: Work Authorization System Introduced
Effective March 1st 2026, Georgia introduced a mandatory work authorization (work permit) regime for foreign nationals under Government Resolution No. 70 (20 February 2026).
This reform significantly changes the legal framework for foreign employees, entrepreneurs, and freelancers working in Georgia. The Resolution establishes a formal procedure for granting a Work Right – an official authorization allowing a foreign national to legally work for a Georgian employer or conduct self-employed or business activities in Georgia.
The new rules apply to foreign nationals hired by a Georgian company under an employment contract as well as self-employed entrepreneurs, consultants, freelancers, business owners, and independent professionals conducting economic activities in Georgia.
There are several exemptions to this regulation, including refugees and persons under international protection, asylum seekers, accredited diplomats and consular staff, employees of international organizations, accredited foreign journalists, individuals covered by specific international agreements, and holders of investment residence permits.
United Kingdom: Government Pauses Certain Student and Skilled Worker Visas
The UK government has implemented an “emergency brake” on the issuance of student visas for nationals of Afghanistan, Cameroon, Myanmar, and Sudan, and skilled worker visas for Afghan nationals.
The measure was introduced through a change to the Immigration Rules on 5 March 2026 and took effect on 26 March 2026.
The Home Office introduced the measure in response to a sharp increase in asylum claims from individuals entering via legal migration routes, particularly student visas, “posing an unsustainable threat to the UK’s asylum system,” according to a Home Office news release, which cited a 330% increase from 2021 among students from Cameroon and Sudan in 2025.
The restriction does not apply retrospectively, and applications submitted before the effective date will be assessed under prior rules. Applications submitted outside the UK on or after 26 March 2026 fall within the scope of the restriction under the amended Immigration Rules.
Canada: IRCC Revises Instructions for LMIA-Exempt Work Authorization
Canada has issued updated guidance tightening how officers assess eligibility and documentation for LMIA-exempt work permits under reciprocal employment.
Canada has updated its operational guidance for LMIA-exempt work permits issued under the reciprocal employment category of the International Mobility Program. The revised instructions provide more detailed criteria for assessing whether genuine reciprocal opportunities exist between Canada and the applicant’s country of origin. Officers are now directed to consider opportunities available to both Canadian citizens and permanent residents, and to focus specifically on the applicant’s home country rather than general global access. The update also clarifies that maintaining existing reciprocal roles abroad can satisfy program requirements, not only creating new positions. In addition, new administrative expectations require closer alignment between application details and job offer information, alongside enhanced documentation standards. These changes increase scrutiny on employers and applicants while offering clearer guidance on how decisions are made. Employers relying on this pathway should review their global mobility programs carefully to ensure they can demonstrate credible, country-specific reciprocity and meet stricter compliance expectations.
Canada: New Strategy Outlines Use of AI in Immigration System
Immigration, Refugees and Citizenship Canada (IRCC) has released its first Artificial Intelligence (AI) strategy, outlining how AI will be used to support immigration processing and improve overall efficiency. The strategy focuses on using AI tools to assist with data analysis, fraud detection, and the triaging of lower-risk applications, with the aim of reducing processing times and helping manage increasing application volumes.
Importantly, the government has confirmed that AI will be used as a support tool only and will not replace human decision-making. Immigration officers will continue to make final determinations on all applications. The strategy reflects a broader effort to modernize Canada’s immigration system while ensuring responsible use of technology.
Nicaragua: Revisions to Visa Categories Impact Visa-Free Entry
Nicaragua’s General Directorate of Migration and Immigration made sweeping changes to their visa programme on 16 February 2026, which has revoked visa-free entry for nationals of 128 countries. This move was primarily based upon reciprocity, aligning their visa policies with what the other nations require for Nicaraguan nationals abroad.
The visa classification list has amended Category A visas, which now lists 69 nations whose citizens do not require a visa to enter the country. The United States has remained in Category A. 128 countries have been moved to Category C (Consulted Visa), which require a visa to enter Nicaragua.
The procedure for Category C visas has been updated to be entirely online, eliminating the need for in-person visits to consulates. Recipients can print their visa once received and use it when traveling. A physical stamp in the passport is no longer required. With these changes to the visa programme, Nicaragua hopes to strengthen its immigration program and reduce the burden on applicants and the Ministry of the Interior.
Peru: Processing Delays Reported for In-Country Visa Applications
Foreign nationals applying for in-country visas in Peru are experiencing processing delays at the National Superintendence of Migration (Migraciones), the government authority responsible for immigration adjudications.
Processing times for initial in-country visa applications have increased to approximately 50 business days or more, exceeding the legal standard of 30 business days, while renewal applications are also taking longer than expected.
The delays are reportedly linked to internal restructuring and increased workload within the immigration authority.
Extended processing times may impact work authorization timelines and related employment start dates.
Klasko News
FIRM NEWS
Klasko’s 2026 Spring Seminar for Universities and Healthcare Institutions
Klasko Immigration Law Partners, LLP proudly presents our highly anticipated spring seminar in Philadelphia, PA. As leaders and innovators in immigration law, KILP is committed to providing invaluable insights and guidance on the most pressing issues facing universities and healthcare in today’s constantly changing immigration landscape.
At this time, the seminar is at capacity. If you are in charge of your university or healthcare organization’s immigration program, and would like to be placed on the waitlist, please reach out to your Klasko attorney or email info@klaskolaw.com for an invitation to be placed on the waitlist.
IN THE NEWS
William Stock | Michele Madera
Bill and Michele were featured in this Philadelphia Inquirer article, covering the Supreme Court oral arguments in Trump v. Barbara.
H. Ronald Klasko
Ron Klasko was mentioned in a recent Barron’s article discussing why many investors are favoring the EB-5 visa over the Gold Card visa, as the Gold Card program currently faces an uncertain future.
Ilana Synder
The Legal Intelligencer published a feature announcing Ilana Snyder’s arrival as she joins Klasko Immigration Law Partners’ litigation team.
RECENT SPEAKING ENGAGEMENTS
Timothy D’Arduini | Nick Lowrey | Ryan Patterson | Taylor Gibson
On March 2, Tim, Nick, Ryan, and Taylor spoke at luncheons hosted by Eastside Rise and Experience Tulsa in Tulsa, OK, entitled Know Your Rights Immigration Workshop, for individuals and employers.
Elise Fialkowski
On March 6, Elise Fialkowski spoke at the AILA Chicago Midwest Regional Conference on a panel entitled Understanding USCIS Requests: I-140 EB-1 and NIW RFEs Demystified.
H. Ronald Klasko
On March 11, Ron Klasko presented in a Democratic Jewish Outreach Pennsylvania webinar event titled You Shall Not Oppress the Stranger: Jewish Perspectives on Immigration in the Age of ICE.
Elise Fialkowski
On March 17, Elise Fialkowski presented in a University of Pennsylvania webinar entitled Visa Options After Graduation: H-1B and Beyond.
Jessica DeNisi
On March 17, Jessica DeNisi spoke at the 2025 EB-5 & Global Immigration Expo Vietnam in Ho Chi Minh City on the latest trends affecting the EB-5 program.
Timothy D’Arduini | Nick Lowrey | Taylor Gibson
On March 19, Tim, Nick, and Taylor spoke in a myLawCLE webinar titled ICE Enforcement & Employer Compliance in the OBBBA Era: Strategic Response, I-9 Defense, and Workforce Risk Management.
Timothy D’Arduini | Natalia Gouz
On March 19, Tim and Natalia presented in an NECA webinar titled I-9 and Worksite Enforcement: The Current State of Play & Best Practices for Compliance.
Michele Madera | Timothy D’Arduini | Nigel James
On March 27, Michele, Tim, and Nigel all spoke at the AILA Philadelphia Chapter’s 2026 CLE Conference on various panels. Michele spoke on The Current Status of H-1B, Tim spoke on Preparing for and Responding to Government Investigations, and Nigel spoke on Adjudication Trends in O-1, EB-1, & NIW.
H. Ronald Klasko
On April 1, Ron Klasko spoke in a Civitas webinar entitled EB-5 Industry Updates and the Grandfathering Clause Deadline, with Dan Healy and Ron Klasko.
H. Ronald Klasko
On April 2, Ron Klasko joined EB-5 Affiliate Network on their webinar entitled Reinvesting Into a Second NCE to Create Additional Jobs and Maintain EB-5 Compliance.
UPCOMING SPEAKING ENGAGEMENTS
Elise Fialkowski
On April 9, Elise Fialkowski will be presenting at Wharton Venture Lab in Philadelphia, PA on How to Launch Your Startup the Right Way: Workshop for International Students.
Anabel Nataros
On April 15, Tim D’Arduini and Anabel Nataros will be presenting at Emory University in Atlanta, GA on Post-Graduation Immigration Options for International Students.
Jessica DeNisi
On April 29, Jessica DeNisi will be speaking at the 2026 IIUSA EB-5 Industry Forum on the latest trends and developments impacting the EB-5 investor program.
Timothy D’Arduini
On April 29, Tim will be presenting on a panel titled Navigating the Current Immigration Landscape at the American Law Institute (ALI) CLE: Legal Issues in Museum Administration 2026.
ICYMI: RECENT BLOG POSTS AND ALERTS
Birthright Citizenship at the Supreme Court: Key Takeaways for Immigrants and Employers
The U.S. Supreme Court heard arguments on April 1, 2026, in Trump v. Barbara, on the Administration’s bid to eliminate birthright citizenship for children of undocumented and temporary foreign nationals in the U.S. Read the client alert here.
DOL Proposes New Prevailing Wage Rule: A Moderated Reset Following the 2020 IFR
The DOL has proposed raising prevailing wages for H-1B, H-1B1, E-3, and PERM programs, potentially increasing hiring costs and affecting workforce planning. William Stock explains the changes, compares them to the 2020 rule, and outlines the impact on immigration strategy. Read the client alert here.
Visa & Permanent Residence Options for Entrepreneurs
Klasko Immigration attorneys help entrepreneurial clients obtain a variety of visas. This updated blog compares H-1B, E-2, L-2, and EB-5 visa options for entrepreneurs. Read the blog here.
Klasko Immigration Law Partners Welcomes Ilana Snyder
We are pleased to welcome Ilana Snyder to our litigation team! Ilana’s experience will help the firm to continue to deliver inventive and effective solutions for clients navigating complex immigration challenges. Learn more about Ilana here!
Wage-Weighted H-1B Selection Arrives for FY 2027: What Employers Should Expect This Spring
The upcoming H-1B lottery for the FY 2027 cap cycle will use a wage-weighted selection process, giving registrations tied to higher prevailing wage levels better selection odds and prompting employers to reassess compensation, job classifications, and filing strategies ahead of the upcoming registration period. In this article, Anabel Nataros covers what employers should expect this spring. Read the full article here.
Understanding USCIS’s EB-5 Inventory Management Approach
USCIS has clarified how EB-5 investor petitions will be managed and assigned as of March 30, 2026. In this blog, Karuna Simbeck breaks down the case management approach and what it means for EB-5 investors, regional centers, and developers. Read the full blog here.
Middle East Conflict: Visa & Travel Alert for Employers
Escalating instability across the Middle East continues to cause widespread travel disruptions, visa appointment cancellations, and delays at U.S. consular posts throughout the region. In this alert, Grace Waweru provided initial country-specific updates and guidance for employers navigating these rapidly evolving developments. Read the client alert here.
FIRM FEATURE
Win of the Month! This International Women’s Month, we’re celebrating women who move industries forward and make an impact through strategy, leadership, and action. Elise Fialkowski recently helped a U.S.-based luxury fashion group navigate an urgent immigration challenge, securing a seamless transition for a key executive ahead of a major launch. Read the full Instagram post here!
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.
