May 2026

FY 2027 Initial H-1B Registration Selection Process Completed

On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2027 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).

USCIS has notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition. Registrants’ online accounts will display their registration status.

USCIS said that H-1B cap-subject petitions for FY 2027, including petitions eligible for the advanced degree exemption, may be filed with USCIS as of April 1, 2026, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2027.

The period for filing the H-1B cap-subject petition will be at least 90 days, USCIS noted. Petitioners must include a copy of the applicable selection notice with the FY 2027 H-1B cap-subject petition. USCIS will only accept the 02/27/26 edition of the Petition for a Nonimmigrant Worker (Form I-129).

USCIS noted that the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, requires certain H-1B petitions filed on or after September 21, 2025, to be accompanied by an additional $100,000 payment as a condition of eligibility.

May Visa Bulletin Includes Advances in Various Immigrant Visa Categories, Possible Retrogression for India EB-5 Unreserved Category

The Department of State’s Visa Bulletin for May includes several updates:

• Immigrant visa issuance rates for people from certain countries have decreased. Consequently, to make visas available to prospective immigrants from other countries so they can use immigrant visa numbers that are available in Fiscal Year (FY) 2026, dates for filing and final action dates have been advanced across various immigrant visa categories. The bulletin notes that retrogression may be necessary later in the fiscal year to keep issuances within annual limits.
• Sufficient demand and increased number use by India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date or make the category unavailable to hold number use within the maximum allowed under the FY 2026 annual limit.

USCIS Releases Update on Screening/Vetting of Foreign Nationals

On March 30, 2026, U.S. Citizenship and Immigration Services (USCIS) released an update on its “strict screening and vetting of foreign nationals seeking entry or immigration benefits” based on recent executive orders and guidance.

Among other things, USCIS outlined a series of actions it has implemented after issuance of related policy memoranda. USCIS said that over the past several months, it has reviewed and updated screening and vetting practices, including:

• Shortening validity periods for certain Employment Authorization Documents to require more frequent security checks;
• Updating photograph reuse policies to strengthen identity verification, including biometric identity verification when reusing fingerprints;
• Increasing social media and financial vetting and community interviews;
• Launching Operation PARRIS to conduct additional background checks, re-interviews, and merit reviews of refugee claims, led by the USCIS Vetting Center;
• Developing system connectivity for automatic notifications of biometric matches and new criminal information; and
• Requiring final arrest encounter reviews and Department of State Consular Consolidated Database checks before final adjudication.

USCIS also says it has “established an internal process for lifting holds on individual or group cases,” requiring multi-office review. USCIS reports that holds have already been lifted for limited categories, including certain employment authorization documents, certain petitions filed by U.S. citizens, certain rescheduled oath ceremonies, and asylum cases from “non high-risk” countries, among others, but USCIS did not define what qualifies as “certain” in each category or publish timelines for broader hold lifting.

Supreme Court Hears Oral Arguments on Birthright Citizenship

On April 1, 2026, the Supreme Court heard oral arguments in Trump v. Barbara on President Trump’s bid to eliminate “birthright citizenship” for children of undocumented and temporary foreign nationals in the United States. 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, and H-1B and L-1 nonimmigrant workers.

While the outcome is uncertain, the government attorneys faced tough questions from the justices. A win for the government would fundamentally shift birth in the United States from conferring permanent citizenship to merely granting temporary, contingent immigration status dependent on a parent’s status. The 14^th Amendment of the Constitution guarantees citizenship to babies born in the United States who are “subject to the jurisdiction of the United States” at the time of their birth. The arguments focused on what the phrase “subject to the jurisdiction of the United States” means.

According to immigration practitioners, a ruling in the government’s favor would require that the parents of all children born in the United States establish certain domicile requirements for their children to become U.S. citizens. Because the United States has no central registry of its citizens, one would have to be created, and every U.S. citizen would have to be able to prove not only the location of their birth but also that their parents were U.S. citizens or green card holders at the time of their birth. A ruling is expected in late June. One question is whether the Justices will rule on narrower statutory or broader constitutional grounds.

New ICE I-9 Inspection Policy Increases Risks for Employers

A recent fact sheet, Form I-9 Inspection Under Immigration and Nationality Act § 274A, released by U.S. Immigration and Customs Enforcement (ICE), indicates a change in policy that increases the risks for employers by reclassifying some former technical violations as substantive. Some of the reclassified errors now considered substantive, for example, include failure on the I-9 form to:

• Include the employee’s date of birth or date of hire
• Include the employee’s rehire date
• Date Section 1 or Section 2 Certification
• Use a Spanish-language form outside of Puerto Rico
• Include translator’s name, address, signature, or date

The fact sheet includes lists of additional violations considered substantive or technical, along with a flow chart outlining the I-9 inspection process and information on penalty calculations. The fact sheet notes that an employer may receive a monetary fine for all substantive violations and any uncorrected technical or procedural failures. Employers have at least 10 business days after the inspection to correct technical or procedural failures, but not substantive violations. The bottom line: Employers should carefully ensure that every piece of required information is entered accurately and completely on the I-9 form.

DOL Proposes Rule Clarifying Joint Employer Status

On April 22, 2026, the Department of Labor’s (DOL) Wage and Hour Division announced publication of a proposed rule that would address joint employer status under federal wage and hour laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act.

In particular, the proposed rule would:

• Set forth distinct standards for determining joint employer status in “vertical” and “horizontal” scenarios.
• Advise that “horizontal joint employment”exists when separate employers are sufficiently associated with respect to the employment of the same employee, but that business relationships that have little to do with the employment of specific employees—such as sharing a vendor or being franchisees of the same franchisor—are alone insufficient to establish joint employment.
• Adopt a four-factor analysis for use in every case of potential vertical joint employment, examining whether the potential joint employer: (1) hires or fires the employee; (2) supervises and controls the employee’s work schedule or conditions of employment to a substantial degree; (3) determines the employee’s rate and method of payment; and (4) maintains the employee’s employment records.
• Explain that additional factors may be relevant in assessing vertical joint employment, but that a unanimous finding on the four factors in either direction would establish a “substantial likelihood” regarding whether an individual or entity is a joint employer with another.
• Advise that “reserved control” may be considered, but is less indicative of vertical joint employment than exercised control.
• Exclude the consideration of factors that are relevant only in assessing whether a worker is an employee or independent contractor, such as whether the employee (1) is in a job that otherwise requires special skill, initiative, judgment, or foresight; (2) has the opportunity for profit or loss based on his or her managerial skill; and (3) invests in equipment or materials required for work or the employment of helpers.
• Exclude the relevance of certain general business models and business practices when determining joint employment.
• Provide examples illustrating how the proposed analysis would apply in certain factual circumstances.

DOL encourages interested parties to submit comments on the proposal by June 22, 2026.

DOL’s Proposed 2027 Budget Would Make OFLC a Separate DOL Agency

The Department of Labor’s (DOL) proposed budget for Fiscal Year (FY) 2027 would make the Office of Foreign Labor Certification (OFLC), currently under the Employment and Training Administration, a separate and independent DOL agency reporting directly to the Deputy Secretary. “This new structure will enable OFLC to administer immigration and migration policies, regulations, and programs in a manner that optimizes performance, minimizes unnecessary use of resources, and ensures resiliency and continuity of operations that are customer centered,” the proposed budget states.

The proposed DOL FY 2027 budget requests $86,810,000 for OFLC:

This includes $63,528,000 and 220 FTE [full-time employees] for Federal Administration—with additional FTE funded from H-1B fees—to support the operation, management, and oversight of foreign labor certification programs. The Budget includes an increase of $2,000,000 and 10 FTE compared to the FY 2026 amounts shown within ETA. These additional resources will enhance OFLC’s case processing capacity, helping [DOL] meet statutory and regulatory processing deadlines and reduce average adjudication times amid rising workload demands. Additionally, [DOL] requests $23,282,000 to support State Workforce Agencies’ (SWA) foreign labor certification activities, such as reviewing employer job orders and conducting inspections of housing for agricultural workers. Through the State Grants appropriation, the Department provides annual grants to SWAs in the 50 states and U.S. territories to fund employment-based immigration activities that are required components of the various foreign labor certification programs.

Trump Gold Card: Amid Contradictory Statements, Just One Approved So Far

On April 23, 2026, at a hearing before the House of Representatives’ Appropriations Committee, Secretary of Commerce Howard Lutnick said that just one Trump Gold Card, under an executive order issued in September 2025, has been approved so far, but that “there are hundreds in the queue that they are going through.”

According to its website, the Trump Gold Card allows an individual to immigrate to the United States by paying $1 million, plus a nonrefundable $15,000 processing fee. A corporation can pay $2 million per employee plus a 1 percent annual maintenance fee. In December 2025, when the card was launched, Mr. Lutnick said that $1.3 billion in Gold Cards had been sold in just a few days. Previously, he said on the “All-In Podcast” on March 20, 2025, that “yesterday, I sold a thousand” of the cards before the program officially launched. At a cabinet meeting last year, Mr. Lutnick predicted that $1 trillion would be raised under the program.

The Trump Gold Card website also mentions a future Trump Platinum Card, which would allow an individual to pay $5 million (plus a $15,000 processing fee) to spend up to 270 days in the United States without being subject to U.S. taxes on any non-U.S. income. It is unclear how the proceeds from the cards will be spent. At the hearing, Mr. Lutnick said, “That will be determined by the administration, and its terms are for the betterment of the United States of America.”

Australia: Updates to Employer Salary Assessments

Australia has updated how employers assess salary requirements for sponsored workers, with changes to the Annual Market Salary Rate (AMSR) framework, which took effect on March 25, 2026, under a legislative amendment.

Under the updated framework, employers continue to be required to demonstrate that sponsored workers are paid at least the market rate for the role; however, the amendment provides greater flexibility in how this rate can be determined and evidenced.

Where no equivalent worker exists, employers may determine the market salary using multiple sources of evidence, such as industry data, job advertisements, or remuneration surveys, and are expected to provide supporting documentation with the nomination.

Nominations may be refused if the proposed salary is below the market rate or if sufficient evidence is not provided to support the salary assessment.

Japan: Tightened Documentation Requirement and New Language Requirement for Certain Work Visas

Japan has expanded documentation requirements and introduced a language proficiency requirement for certain applicants under the Engineer, Specialist in Humanities, and International Services visa categories.

Japan’s Immigration Services Agency has revised application requirements effective April 15, 2026, increasing scrutiny for certain sponsoring employers and job roles. Applicants supported by smaller or less established organizations must now submit additional documentation, including a formal declaration relating to the sponsoring entity, as part of enhanced compliance checks. Learn more about status of residence requirements.

In parallel, a new language requirement applies in cases where job duties rely heavily on communication skills, such as translation, interpretation, or customer-facing work. In these situations, applicants must demonstrate language ability at approximately the CEFR B2 level, commonly evidenced by qualifications such as JLPT N2 or equivalent. See Japan visa categories and long-term stay guidance.

These changes reflect a broader policy objective to ensure that foreign workers are placed in roles consistent with their visa category and possess the practical skills required for workplace integration. Employers should anticipate more detailed application preparation and assess whether roles trigger additional requirements. The revisions may lengthen processing times and require earlier planning for international recruitment, particularly for positions involving direct communication responsibilities.

Thailand: Regulatory Changes Expected for BOI-Promoted Companies

Thailand continues to refine its immigration framework for Board of Investment (BOI) promoted companies, with a growing focus on compliance and documentation related to foreign employees. As of April 2026, BOI promoted companies are required to submit Social Security Contribution (SSC) payment evidence for all foreign workers, with the requirement now expanded beyond manufacturing to apply across all BOI sectors. Authorities have indicated that incomplete submissions may result in applications not being accepted.

• Companies with fewer than 30 employees must submit SSC payment evidence once per year by February 28.
• Manufacturing companies with more than 30 employees must submit proof of their most recent monthly SSC contributions every three months, with submissions due by the 15th of each month.

Additional guidance has also been issued on acceptable tax documentation for visa extensions, with some flexibility permitted where consistent reference numbers can be verified. These developments signal increased scrutiny of payroll and employment records, and employers should review internal processes to ensure ongoing compliance.

European Union: Entry/Exit System Implemented in April

The EU’s new Entry/Exit System (EES) started operations on 12 October 2025 with a progressive roll-out in 29 European countries. As of 10 April 2026, the EES will become fully operational. The system will replace passport stamping with digitally recorded entries, exits, or refusals of entry of non-EU nationals coming for short stays. Travelers’ facial images, fingerprints, and personal data from the travel document will also be recorded.

Early results from the progressive roll-out of the EES

Since the EES started, over 45 million border crossings have been registeredwhen travelers entered or left a European country using the system. Over 24,000 people had been refused entry for different reasons, such as not appropriate justification for their visit, expired or fraudulent documents. The system also helped identify over 600 people who posed a security risk to Europe. They were refused entry and recorded in the system. As a result, if they attempt to enter another European country using the system, border authorities will be able to see their previous refusal of entry.

Thanks to the biometric data collected by the EES, identity fraud can now be detected more easily. At each border crossing, travellers’ fingerprints and facial images are now checked against biometrics stored in the system. Schengen countries have reported several cases where travellers who attempted to cross with different identifies were detected. Most recently in Romania, when border guards collected the biometric data of a traveller revealed that the same person was using two different identities with two separate documents issued under another name. Further investigations showed that this person had already been denied entry to the Schengen area three times by different Member States. Without biometric identification through the EES, this case of identity fraud would likely have gone undetected. These early results confirm the importance of the Entry/Exit System for the security of Europe’s external borders.

Spain: New Regularization Policy for Foreign Nationals Now in Effect

Spain has implemented an extraordinary regularization process for certain foreign nationals already residing in the country, following approval by the Council of Ministers and publication of the measure in the Official State Gazette (BOE) on April 15, 2026, entering into force on April 16, 2026.

The policy introduces a time-limited pathway to obtain residence and work authorization for eligible individuals in an irregular situation, marking a departure from Spain’s prior case-by-case regularization framework. Applications opened on April 16, 2026, with the launch of a dedicated government portal to manage submissions and appointments, making the process immediately available to eligible applicants.

United Arab Emirates: Blue Residency Program to Offer Extended Stay and Family Sponsorship

The United Arab Emirates has launched the Blue Residency program, offering a renewable 10-year residence permit for individuals contributing to environmental protection and sustainability.

The United Arab Emirates has introduced the Blue Residency as a specialized long-term immigration pathway aligned with national sustainability priorities. The program grants eligible individuals a renewable 10-year residence permit and is designed for those who have made significant contributions to environmental protection and sustainability at a national or global level. Learn more about Blue Residency.

Eligible applicants include researchers, scientists, innovators, and environmental leaders, as well as members of international organizations and recognized sustainability advocates. The initiative forms part of the UAE’s broader strategy to attract global expertise in climate action and green development. See official UAE Blue Visa overview.

A key feature of the program is the ability to sponsor family members, including spouses, children, and parents, for the same duration as the principal applicant. The framework also allows entry through a temporary multiple-entry visa to complete residence procedures. From a practical perspective, the Blue Residency creates a targeted immigration route for sustainability professionals, enhancing long-term residence stability while supporting the UAE’s goal of positioning itself as a global hub for environmental innovation.

Canada: New Law Passed Expanding Immigration Oversight Powers

Canada has enacted new legislation aimed at strengthening its immigration system and enhancing border security, Strengthening Canada’s Immigration System and Borders Act (Bill C-12), with the law receiving Royal Assent on March 26, 2026. The changes are intended to improve system integrity and provide the government with additional tools to manage application volumes and security risks.

The legislation introduces new measures affecting asylum processing, including additional eligibility restrictions and streamlined procedures. It also expands government authority over immigration information and document control, while increasing information sharing across agencies. In addition, border enforcement powers have been broadened, including greater authority for inspections and coordination among enforcement bodies. These changes reflect a more structured and security-focused approach, and employers and applicants should monitor implementation closely as further guidance becomes available.

Venezuela: Electronic Visa System Introduced for Business and Tourist Travel

The Ministry of Foreign Affairs of Venezuela has launched a new electronic visa programme for tourist and business travelers, freeing applicants to apply from anywhere in the world. This is a departure from the prior, more traditional process, which involved applicants having to attend an in-person interview at a consulate. This is expected to speed up visa processing times significantly, and visas will now be issued immediately upon approval via email. Venezuela hopes this modernization effort will remove some burdens in the application process for both the Ministry and foreign visitors.

Interested travelers may apply for a visa on their recently launched online portal. To assist with the transition process, the Ministry released a step-by-step guide to the electronic process, as well as instructional videos for making their accounts and applying for the visa.

Klasko News

FIRM NEWS

Statutes of Liberty: An Immigration Podcast – Episode 34: ICE Approaching: Preparing Your Company and Your People
New episode of Statutes of Liberty is now available!
In the first full episode of our worksite compliance series, host Nick Lowrey is joined by Tim D’Arduini to break down how ICE and Homeland Security Investigations identify employers for enforcement actions. They discuss high-risk industries, the role of government data sharing, and how prior audits or inconsistencies can trigger scrutiny. Listen here or watch the podcast here.

IN THE NEWS

Timothy D’Arduini
In this recent Law360 article, our partner Timothy D’Arduini was quoted on how updated ICE guidance is tightening scrutiny and limiting employers’ ability to correct common errors without penalty.

RECENT SPEAKING ENGAGEMENTS

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.

Elise Fialkowski
On April 9, Elise Fialkowski and Drew Zeltner presented 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 presented at Emory University in Atlanta, GA on Post-Graduation Immigration Options for International Students.

2026 Klasko Spring Seminar
On April 21, several Klasko attorneys and select guest speakers spoke at the 2026 Klasko Spring Seminar in Philadelphia, PA on immigration topics for university and healthcare organizations during this complex immigration environment.

• Fundamentals of Immigration Law: Natalia Gouz, Nigel James, and Taylor Gibson
• Breathing New Life into Healthcare Immigration Strategy: Drew Zeltner, Romina Gomez, and Carolina Regales
• A New Season: Travel and Visa Strategies for Students and Scholars: Elise Fialkowski, Carolina Regales, and Meryl Halpern from St. Joseph’s University
• Shifting Seasons: Immigration Trends and Emerging Issues: Elise Fialkowski, Michele Madera, Jessica DeNisi, and Anabel Nataros
• Strengthening the Roots: Compliance Strategies under Heightened Enforcement: Tim D’Arduini and Natalia Gouz
• Planting the Right H-1B Strategy in Spring: Trends, Costs, and Adjudications: Michele Madera, Drew Zeltner, Anabel Nataros, and Lily Zhang from the University of Pennsylvania
• Meeting the Moment: Responding to F-1 and J-1 Challenges: Romina Gomez, Bill Stock, and Rudie Altamirano from the University of Pennsylvania
• Spring Forward: Navigating EB-1 & NIW in a Changing Landscape: Anu Nair, Allie Dempsey, Lana Spaic, and Nigel James

William Stock
On April 23, Bill Stock spoke at the AILA Rome District Chapter in Geneva, Switzerland, on a panel titled Steep, Icy, and Unmarked: The New H-1B Terrain.

Jessica DeNisi
On April 29, Jessica DeNisi spoke 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 presented on a panel titled Navigating the Current Immigration Landscape at the American Law Institute (ALI) CLE: Legal Issues in Museum Administration 2026.

Elise Fialkowski
On April 30, Elise Fialkowski presented to the Penn Postdoc Association on Pathways to Permanent Residency.

UPCOMING SPEAKING ENGAGEMENTS

Jessica DeNisi
On May 19, Jessica DeNisi will be speaking in a Civitas webinar event entitled Inside IIUSA D.C.: Key EB-5 Takeaways for 2026 and Beyond.

Jessica DeNisi | Alison Li
On May 19, Jessica and Alison will be hosting an intimate seminar in New York, NY for foreign nationals to learn about the EB-5 investor visa for a green card titled The Power of Self-Sponsorship: EB-5 Investor Visa.

Elise Fialkowski
On May 26, Elise Fialkowski will be speaking at NAFSA in Orlando, Florida, on two panels entitled US Department of Labor (DOL): Current Issues and Hot Topics in Advanced Employment-Based Immigration.

H. Ronald Klasko
On May 28, Ron Klasko will be speaking at the 5th Annual JTC and Saul Ewing Advanced EB-5 Conference in Miami, Florida, on a panel entitled Fireside Chat: The Evolving EB-5 Legal Landscape.

RANKINGS/AWARDS

Best Companies to Work For

Klasko Immigration Law Partners has been named “Best Companies to Work For” by U.S. News & World Report for the third year in a row.

Lexology Index

Four partners have been ranked in the 2026 Lexology Index, which combines research and case analysis to select recommended experts across 150 countries.

• H. Ronald Klasko – Tier 1, Global Elite Thought Leader
• William Stock – Tier 1, Global Elite Thought Leader
• Elise Fialkowski – Tier 2, Thought Leader
• Michele Madera – Tier 3, Highly Recommended

ICYMI: RECENT BLOG POSTS AND ALERTS

Klasko Immigration Law Partners One of the “Best Companies to Work For” for Third Consecutive Year
Klasko Immigration Law Partners is proud to again be named among the “Best Companies to Work For” by U.S. News & World Report for 2026 in the Law Firms category for the third year in a row. Read the release here.

Expanded Social Media Screening, Continuing Trend of Heightened Scrutiny in Visa Adjudications
The U.S. Department of State has further expanded its social media screening requirements for nonimmigrant visa applicants. Ryan Patterson covers what’s changed, the requirements, what actions employers and applicants should take, and what’s ahead. Read the client alert here.

Not Selected in the H-1B Lottery – What to Do Next
USCIS has now issued both selection and non-selection notices for all H-1B lottery registrations. If your registration was not selected, what are your options? Carolina Ribas outlines several alternative work visas available for many foreign national employees. Read the article here.

Concurrent Adjustment of Status for EB-5 Applicants
Concurrent adjustment of status is becoming an increasingly valuable option for EB-5 investors already in the U.S., allowing them to file for permanent residence at the same time as their EB-5 petition. In this FAQ, Ron Klasko highlights the benefits and risks investors should evaluate before moving forward.

Podcast Episode 33: Relaunching Statutes of Liberty: Introducing Our Worksite Compliance Series
In this special relaunch episode of Statutes of Liberty, William Stock, Nicholas Lowrey, and Natalia Gouz introduce a new series focused on one of the most pressing issues facing organizations today: immigration compliance and enforcement preparedness. Listen to the full podcast episode here.

FIRM FEATURE

Win of the Month! This spring, Nigel James and his team secured approval for an O-1B and O-2 petitions for an artist and their essential personnel despite complex international coordination and tight timelines. Through strong collaboration and strategic planning, the team ensured a successful outcome, enabling travel to the U.S. for their event. 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.