Visa Bulletin update
The Department of State publishes a monthly Visa Bulletin which operates as the “waiting list” for green cards (immigrant visas), with an individual’s Priority Date serving as their place in line. The Bulletin identifies all immigrant visa “preference” categories and indicates whether a backlog exists for that category. When a backlog exists, an individual in that category may not apply for a green card (or “adjust status”) until their Priority Date becomes “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin. The Bulletin lists family-based (“FB-”) preference categories and employment-based (“EB-") preference categories. These categories are further separated into two charts: the Final Action Dates chart and the Dates for Filing chart. The Final Action Dates chart indicates whether an individual can expect USCIS to make a decision on their application soon, whereas the Dates for Filing chart, if USCIS chooses to use it that month, indicates whether an individual may file their adjustment application and receive the benefits associated with having a green card application pending with USCIS.
In February 2026, USCIS will be using the Dates for Filing chart for both employment - and family - based preference categories.
The EB-2 and EB-3 preference categories remain backlogged for all countries. The State Department advanced Priority Dates as follows:
EB-1: no change
EB-2: no change
EB-3:
Mexico, Philippines, and All Other: 3 months
China: no change
India: no change
Other Workers: no change
See the January 2026 Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Premium Processing fees to increase for cases filed on or after March 1, 2026
On January 12, 2026, USCIS published a Final Rule providing notice of fee increases for Premium Processing cases filed on or after March 1, 2026. The Premium Processing fee increases are inflation-based adjustments and apply to Forms I-129, I-140, I-539, and I-765. These fees will apply to requests for Premium Processing postmarked on or after March 1, 2026. See the USCIS announcement here for the fee increase amounts.
H-1B cap season: employers should begin preparing in February for lottery registration in March
H-1B cap season is quickly approaching with Fiscal Year 2027 lottery registration scheduled for March 2026. For background, U.S employers may offer H-1B sponsorship to their foreign national workers in Specialty Occupations, which require at least a bachelor’s degree (or the equivalent in education or experience) that is directly related to the position’s job duties. H-1B status confers many benefits to both employers and workers, including up to six years of employment authorization (additional time permitted in certain circumstances), full-time or part-time employment flexibility, and concurrent employment of the H-1B worker by multiple employers.
Employers seeking to file H-1B cap-subject petitions for the upcoming fiscal year, including those eligible for the advanced degree exemption, must first electronically register. USCIS will open registration on Wednesday, March 4, 2026 at 12pm ET and will close registration on Thursday, March 19, 2026 at 12pm ET. Only those with selected registrations will be eligible to file H-1B cap-subject petitions from April 1 to June 30, 2026 for H-1B status starting on October 1, 2026.
This year, USCIS will be transitioning from a random lottery to a weighted lottery. Under a December 29, 2025 Final Rule, USCIS will favor registrations for “higher skilled” nonimmigrants by allocating more registrations to higher-paid workers. USCIS will use the four wage levels from the Department of Labor Occupational Employment and Wage Statistics (OEWS) survey to allocate more lottery entries to registrants with higher wages. Registrants with Level I wages will receive one entry, Level II wages will receive two entries, Level III wages will receive three entries, and Level IV wages will receive four entries.
The proposed changes will increase the amount of time needed to prepare and submit each H-1B lottery entry, as an analysis of the employer’s offered position and selection of the proper OEWS occupational code and wage level will be required. These changes will likely also impact how companies can sponsor recent college graduates.
Given this advanced timeline for e-registration and additional complications resulting from the new weighted lottery, now is the best time for employers to decide whether they will file H-1B petitions. Please feel free to contact the attorneys of Iandoli, Desai & Cronin now with your questions about potential H-1B sponsorship.
How the Government Shutdown Impacts Employment-Based Immigration
Under a federal government shutdown, only essential and fee-based governmental functions will continue to operate. The current shutdown impacts immigration compliance and case processing in the following ways:
The Department of Labor will remain operational for the purposes of PERM and H-1B cases. During previous shutdowns, the DOL’s Foreign Labor Application Gateway (FLAG) was suspended; however, the DOL has confirmed with the American Immigration Lawyers Association (AILA) that FLAG will remain open during this shutdown.
USCIS will continue to process and adjudicate almost all cases since it is a fee-based agency and does not rely on congressional funding. However, adjudications under the Conrad 30 program could become suspended.
SEVP offices will remain open.
American embassies and consulates will initially continue to process visas and passports since they are primarily fee-funded. However, embassy and consulate functions might become limited to diplomatic visas and life-or-death emergencies if the government shutdown becomes prolonged.
E-Verify is operational during the current shutdown.
Ascentria Care Alliance: Massachusetts could lose about 2,000 healthcare workers due to upcoming TPS Haiti termination
In an op-ed with the Worcester Business Journal last month, Ascentria Care Alliance President and CEO Angela Bovill shared that Massachusetts could lose about 2,000 healthcare workers due to the upcoming termination of Temporary Protected Status (TPS) for Haiti on February 3, 2026. TPS enabled Haitians and other nationals from designated countries who were previously in the US to remain lawfully present and obtain work permission while conditions in their home country have prevented their safe return. Haiti previously received TPS designations due to the country’s 2010 earthquake and more recent political violence over the past several years. The Trump Administration terminated TPS for Haiti and several other countries last year despite widespread consensus that conditions have not improved enough to ensure their citizens’ safe return.
Bovill states that the TPS Haiti termination will particularly impact the Massachusetts healthcare industry, as “Haitian TPS holders make up a critical portion of the long-term care workforce, serving as certified nursing assistants, home health aides, and direct care workers,” among other occupations. Bovill emphasizes the harsh impact of this loss, stating that “losing even a portion of this workforce will lead to fewer available beds, longer wait times, increased burnout for remaining staff, and potentially the closure of facilities families rely on. There is no backup workforce waiting to fill these roles.”
Read Bovill’s op-ed in the Worcester Business Journal here.
Trump Administration challenges in-state tuition programs for undocumented students in Virginia and 6 other states
In December 2025, The U.S. Department of Justice (DOJ) sued the Commonwealth of Virginia for its policy of allowing undocumented Virginia residents to receive in-state tuition and financial assistance. The DOJ argued in this case and six others across the US that allowing undocumented state residents to receive in-state tuition discriminated against US citizens because out-of-state US citizens are not eligible for the same lowered tuition costs.
Several of the Republican-led states facing these lawsuits have agreed with the DOJ and seek to also stop the programs. For example, at the tail end of his term, (now-former) Virginia Attorney General Jason Mirayes submitted a joint filing with the DOJ asking the federal district court judge to declare the Virginia Dream Act unconstitutional. Mirayes’ term has since ended on January 17, 2026, and the new Virginia Attorney General, Jay Jones, has stated he will “reverse course.”
See Inside Higher Ed’s article on the Virginia Dream Act challenge here.
Boston federal district court issues order restricting Trump Administration’s ability to deport students and faculty for political speech
On January 22, 2026, federal district court Judge William Young issued an order limiting the Trump Administration’s power to deport noncitizen students and faculty for their pro-Palestine political speech. Last year, the Trump Administration targeted students and faculty who spoke out in support of Palestine by arresting them and placing them in deportation proceedings. See our previous post on these arrests here. Judge Young ruled last September that noncitizens have the same free speech rights as US citizens.
Judge Young’s January 22, 2026 ruling held that the Trump Administration engaged in viewpoint discrimination when it targeted these noncitizens for arrest and deportation. The ruling also states that this practice violated the Administrative Procedure Act by failing to follow Notice and Comment rulemaking. Lastly, Judge Young ordered that any adverse change in immigration status for those involved in the lawsuit “will be presumed to be retribution and declared void” unless the Trump Administration can prove “by clear and convincing evidence that the change is due to a criminal conviction, an independent change in immigration status, or another specific legitimate reason.” Shelley Murphy, The Boston Globe.
For more information, see reporting from the Knight First Amendment at Columbia University and The Boston Globe.
USCIS Publishes End-of-Year Review, “Making America Safe Again”
On December 22, 2025, USCIS published an end-of-year review of its actions from the past calendar year, titled “Make American Safe Again.” See the review here.
DHS Terminates Family Reunification Parole Programs
On December 12, 2025, DHS announced that it terminated all categorical family reunification parole programs for nationals of Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. DHS will now only grant parole on a case-by-case basis. DHS’s procedure for terminating the programs is outlined in the Federal Register, available here. See USCIS’s announcement here.