U.S. Immigration Alerts

FGI UPDATE: This Week’s Summary of U.S. Immigration News

Department of Labor Proposes Significant Increase to Prevailing Wage Requirements for H-1B and PERM Programs

The U.S. Department of Labor (DOL) has introduced a proposed rule that would significantly raise prevailing wage requirements for visa programs like H-1B and PERM. The proposal would shift wage level percentiles upward across all four tiers, meaning employers would need to offer higher salaries to foreign workers. While the rule is not yet final and will undergo a public comment period, it could take effect by late 2026 or early 2027 and would apply to all new labor condition applications (LCAs) and prevailing wage determinations (PWDs), though existing approvals would remain valid until expiration.

Key Points

• Substantial Wage Increases Across All Levels The proposal raises wage percentiles for all four levels, with increases ranging from 17% to 21%. This represents a major structural shift in how prevailing wages are calculated across visa programs. 
• Entry-Level Wages Most Impacted Level I wages would increase from the 17th to the 34th percentile, significantly raising the minimum salary threshold for entry-level roles. This change effectively doubles the comparative wage baseline for the lowest tier. 
• Clearer Framework Than Prior Attempts Compared to earlier DOL efforts, this proposal provides more transparency and predictability in how wage levels are determined. Employers now have a clearer understanding of how compensation requirements may evolve. 
• Applies Only to New Filings If finalized, the rule would apply to all new LCAs and PWDs submitted after the effective date. Previously approved applications would remain valid until they expire, avoiding retroactive disruption. 
• Timeline Still Uncertain The rule is expected to be published shortly and will undergo a public comment period before finalization. Implementation is anticipated in late 2026 or early 2027.

Proposed DOL Wage Level Changes

What US Employers Need to Know

• Evaluate Current Immigration Pipelines Employers should review existing H-1B and PERM cases to determine which can be filed or extended under current wage rules. Acting early may help avoid higher salary requirements later. 
• Budget for Increased Compensation Costs Organizations should prepare for significantly higher wage obligations, especially for entry- and mid-level roles. This may affect hiring volume, role structuring, and workforce planning. 
• Leverage Grandfathering Provisions Existing approved LCAs and PWDs will remain valid until expiration, offering a temporary buffer. Employers should strategically use this window to lock in current wage levels where possible. 
• Participate in the Public Comment Process The DOL will accept feedback before finalizing the rule, giving employers an opportunity to influence the outcome. Submitting comments can help highlight operational and economic impacts. 
• Reassess Sponsorship Strategies Higher wage thresholds may require companies to rethink which roles are viable for sponsorship. Employers may need to prioritize higher-skilled or higher-paid positions.

Looking Ahead

• Potential Reduction in Entry-Level Sponsorship Higher wage floors could make it harder to sponsor early-career workers. This may limit access to international talent pipelines at the junior level. 
• Increased Compliance Scrutiny With wages more closely aligned to higher percentiles, enforcement and adjudication may become stricter. Employers should expect closer review of wage justifications. 
• Broader Labor Market Effects Rising wage requirements could push salaries upward across certain industries. This may create ripple effects in domestic hiring and compensation structures. 
• Strategic Shifts in Global Talent Hiring Companies may look to alternative visa categories or offshore talent strategies if costs rise too sharply. This could reshape global workforce distribution. 
• Legal and Policy Challenges Possible As with prior wage rules, this proposal may face legal challenges or revisions before implementation. The final version could differ depending on stakeholder feedback and litigation outcomes.

SOURCE: https://public-inspection.federalregister.gov/2026-06017.pdf?referrer=luma&utm_source=lumathat

U.S. Visa Approvals Noticeably Decline in 2025 Amid Policy Shifts

In 2025, the United States saw a noticeable drop in visa approvals, largely due to stricter immigration policies and administrative changes. Government data shows that both temporary and permanent visas decreased significantly compared to 2024, affecting students, workers, and families trying to enter the country. These declines are tied to increased vetting, policy restrictions, and reduced processing capacity, raising concerns about economic impacts and the country’s ability to attract global talent.

Key Points

• Overall Visa Decline: The U.S. issued about 11% fewer permanent and temporary visas in 2025 compared to the previous year. This included a drop of roughly 250,000 visas in the first eight months alone, signaling a broad contraction in legal immigration. 
• Student and Exchange Visas Hit Hardest: International student visas declined by more than 30%, along with significant reductions in exchange visitor programs. These categories were especially affected by pauses in interviews and increased scrutiny of applicants. 
• Policy Changes Driving Decline: New measures—including expanded social media vetting, travel restrictions affecting multiple countries, and stricter eligibility reviews—slowed processing and discouraged applicants. Reduced State Department staffing further limited visa appointment availability. 
• Business and Tourist Visas Also Down: Even short-term visas were impacted, with business and tourism visas dropping by about 200,000 (3.4%) during the same period. This suggests the decline extends beyond employment-based immigration into broader travel trends. 
• Country-Specific Impacts: Applicants from countries like India and China experienced some of the largest decreases in visa approvals. Family-based and employment-based green cards also saw notable declines, particularly for certain groups such as Iraqi and Afghan nationals.

What US Employers Need to Know

• Talent Pipeline Constraints: Reduced visa approvals—especially for students and skilled workers—may shrink the future workforce available to U.S. employers. This is particularly relevant for industries dependent on international talent, such as tech, healthcare, and academia. 
• Longer Hiring Timelines: Increased vetting and fewer consular resources are causing delays in visa processing. Employers should expect longer lead times when sponsoring foreign workers or transferring employees internationally. 
• Rising Compliance Expectations: Enhanced scrutiny, including social media reviews and stricter eligibility checks, means employers must ensure that filings are accurate and well-documented. Errors or inconsistencies may face greater consequences under current policies. 
• Potential Wage Pressure: With fewer foreign workers entering the U.S., employers may face increased competition for domestic talent. This could lead to higher wages in certain sectors but also increased labor shortages. 
• Uncertainty in Workforce Planning: Rapid policy shifts and evolving enforcement priorities make long-term hiring strategies more difficult. Employers may need contingency plans for projects dependent on foreign labor.

Looking Ahead

• Continued Policy Tightening Possible: If current trends persist, additional restrictions or enforcement measures could further reduce visa issuance. This may deepen the decline in legal immigration levels. 
• Economic Implications: Experts warn that reduced immigration could slow economic growth, innovation, and job creation in the U.S. Immigration has historically played a key role in sustaining workforce expansion. 
• Global Competitiveness at Risk: Countries competing for international students and skilled workers may benefit as the U.S. becomes a less accessible destination. This could shift talent flows toward more immigration-friendly nations. 
• Demand vs. Policy Effects: It remains unclear how much of the decline is due to stricter policies versus reduced applicant demand. However, both factors appear to be reinforcing the downward trend. 
• Potential Policy Reversals or Legal Challenges: Future political changes or court rulings could alter current immigration policies. Employers and applicants alike should monitor developments closely.

Overall, the decline in U.S. visa approvals in 2025 reflects a combination of stricter immigration policies, administrative constraints, and shifting global perceptions of the United States as a destination. While these changes may align with efforts to prioritize domestic workers, they also introduce new challenges for employers, institutions, and the broader economy that depend on international mobility and talent.

U.S. Senate Confirms MarkWayne Mullin as Secretary of Homeland Security

The U.S. Senate has confirmed Markwayne Mullin as Secretary of the U.S. Department of Homeland Security, marking a major leadership change during a period of political tension over immigration policy and agency funding. Mullin, a Republican former senator from Oklahoma, was confirmed by a 54–45 vote and sworn in on March 24, 2026, replacing Kristi Noem after her dismissal. His appointment comes amid a partial DHS shutdown, ongoing debates over immigration enforcement reforms, and heightened scrutiny of the agency’s operations, signaling both continuity in enforcement priorities and potential shifts in tone and internal management.

Key Points

• Confirmation and Leadership Transition: Mullin was confirmed by the Senate in a largely party-line 54–45 vote and sworn in the next day. He replaces Kristi Noem following her removal, stepping into leadership during a period of operational and political instability. 
• Political and Professional Background: Mullin previously served in both the U.S. House (2013–2023) and Senate (2023–2026), bringing legislative experience but limited direct homeland security or law enforcement background. His career also includes work as a business owner and public figure outside traditional national security pathways. 
• Timing Amid DHS Challenges: His confirmation comes during a partial DHS shutdown and ongoing disputes over immigration enforcement policies. These challenges include airport disruptions, funding disagreements, and broader concerns about agency operations. 
• Immigration Policy Context: Mullin is expected to continue the administration’s strict immigration agenda while signaling openness to certain procedural reforms, such as requiring judicial warrants for some enforcement actions. This reflects an attempt to balance enforcement with political and legal pressures. 
• Bipartisan Dynamics and Oversight Pressure: Although confirmed mostly along party lines, some bipartisan support and criticism highlight ongoing congressional scrutiny. Lawmakers have raised concerns about enforcement practices, accountability, and DHS governance.

What US Employers Need to Know

• Worksite Enforcement Risks: Employers should expect continued or increased immigration enforcement activity, including audits and workplace inspections. Even with possible procedural reforms, compliance expectations will remain high and enforcement focused.
• Operational Disruptions Possible: Ongoing funding disputes and DHS instability could affect visa processing, border operations, and travel systems. Employers relying on global mobility or cross-border logistics should plan for delays or unpredictability. 
• Policy Continuity with Tactical Adjustments: While the broader enforcement agenda is unlikely to change, Mullin may adjust how policies are implemented, including greater emphasis on legal process requirements. Employers should monitor guidance changes closely.
• Increased Scrutiny and Compliance Expectations: Heightened political attention on DHS may translate into stricter oversight of employer practices, especially regarding wage levels, documentation, and sponsorship accuracy. Proactive compliance reviews are advisable. 
• Interagency Coordination Impacts: DHS works closely with agencies like USCIS, ICE, and CBP, so leadership changes can influence adjudication trends and enforcement priorities across the immigration system. Employers should watch for shifts in agency coordination and policy interpretation.

Looking Ahead

• Potential Policy Refinements: Mullin has indicated openness to certain reforms, which could lead to changes in enforcement procedures or internal DHS policies. However, major legislative shifts remain unlikely without congressional agreement. 
• Continued Political Tensions: Immigration will remain a central political issue, with ongoing disputes between Congress and the administration affecting DHS funding and operations. This could result in further uncertainty for stakeholders. 
• Agency Stability and Morale: With DHS facing internal and external criticism, leadership focus may turn toward improving morale and operational efficiency. This could influence how policies are executed on the ground. 
• Impact on Future Elections and Policy Direction: Mullin’s tenure may shape immigration debates heading into upcoming elections, potentially influencing longer-term reforms. Policy direction could shift depending on political outcomes. 
• Regulatory and Enforcement Evolution: Employers should anticipate incremental changes in enforcement practices, documentation standards, and compliance expectations as DHS leadership evolves its approach.

Mullin’s confirmation as Secretary of Homeland Security represents both continuity and transition: continuity in the administration’s enforcement priorities, and transition in leadership style and potential procedural reforms. For employers, the key takeaway is not a wholesale policy shift, but a need to stay alert to evolving enforcement practices, operational disruptions, and compliance expectations as DHS navigates a complex political and operational landscape.

SOURCE: www.dhs.gov/news/2026/03/24/us-senate-confirms-markwayne-mullin-secretary-department-homeland-security

ETA Seeks Public Comment on Extension of Prevailing Wage Determination For ETA-9141

On March 24, 2026, the Employment and Training Administration (ETA) published a 60-day notice in the Federal Register announcing its intent to extend the current information collection for the prevailing wage determination process, centered on Form ETA-9141. This notice, issued under the Paperwork Reduction Act (PRA), does not propose any changes to the forms but invites public comment on their continued use for another three years. The prevailing wage determination is a critical step in many employment-based immigration processes, and the notice provides stakeholders an opportunity to weigh in before the Office of Management and Budget reviews and approves the extension.

Key Points

• PRA Notice for Extension of Forms: ETA has issued a 60-day notice seeking public comment on extending its current information collection related to prevailing wage determinations. This is a routine step required under the Paperwork Reduction Act before renewal approval by federal regulators. 
• No Changes to Existing Forms: The agency is proposing to extend the use of Form ETA-9141 and related materials without any revisions. This signals stability in the structure and requirements of the prevailing wage request process. 
• Forms Covered Under the Notice: The extension includes Form ETA-9141, its general instructions, Appendix A for additional worksites, and Form ETA-9165 for employer-provided wage surveys. These forms are central to wage determinations for programs such as H-1B, PERM, and H-2B. 
• OMB Review and Approval Process: The request seeks a three-year extension under OMB Control Number 1205-0508. After the public comment period, the submission will be reviewed by the Office of Management and Budget for final approval. 
• Public Comment Deadline: Stakeholders have 60 days to submit written comments following the notice’s publication. The deadline for submissions is May 26, 2026, and comments must follow the instructions outlined in the Federal Register notice.

What US Employers Need to Know

• No Immediate Process Changes: Employers can continue using the current prevailing wage determination process without adjustment. The absence of proposed changes means no new compliance burdens in the short term. 
• Importance of Prevailing Wage Determinations: Form ETA-9141 remains a foundational step for employment-based visa programs, affecting wage levels that employers must meet. Errors or inconsistencies in submissions can delay or jeopardize immigration filings. 
• Opportunity to Influence Policy: The 60-day comment period gives employers and stakeholders a chance to provide feedback on form usability, burden, and clarity. This is one of the few formal opportunities to shape administrative processes before renewal. 
• Continued Scrutiny of Wage Practices: Even without form changes, prevailing wage determinations remain a focal point of government oversight. Employers should ensure that job descriptions, wage levels, and worksite details are accurate and defensible. 
• Alignment Across Visa Programs: Because Form ETA-9141 is used across multiple visa categories, consistency in how employers approach wage determinations is critical. Misalignment between filings can trigger audits or requests for evidence.

Looking Ahead

• Potential Future Revisions: While no changes are proposed now, feedback from this comment period could inform you of future updates to the forms or instructions. Employers may see refinements in later cycles depending on stakeholder input. 
• Ongoing Administrative Stability: A three-year extension would provide continuity in the prevailing wage process, reducing uncertainty for employers and practitioners. Stability is especially valuable given broader immigration policy fluctuations. 
• Increased Focus on Data Quality: Government agencies may continue emphasizing accuracy and completeness in wage data submissions. This could lead to more rigorous review standards even without formal rule changes. 
• Integration with Broader Enforcement Trends: Prevailing wage compliance is increasingly tied to enforcement priorities across immigration programs. Future policy developments may further connect wage determinations with audit and enforcement mechanisms. 
• Digital and Process Modernization: Over time, ETA may explore modernization of submission systems or data collection methods. Public feedback could accelerate improvements in efficiency and transparency.

The ETA’s notice to extend Form ETA-9141 and related materials reflects a continuation of existing prevailing wage determination procedures rather than a policy shift. For employers, the key takeaway is stability paired with ongoing compliance responsibility, along with a meaningful opportunity to provide input that could shape how these critical processes evolve in the future.

SOURCE: www.federalregister.gov/documents/2026/03/24/2026-05683/agency-information-collection-activities-for-application-for-prevailing-wage-determination-comment

U.S. Expands Social Media Vetting for Nonimmigrant Visa Applicants

On March 25, 2026, the U.S. Department of State announced a significant expansion of its screening and vetting procedures for nonimmigrant visa applicants, effective March 30, 2026. The policy broadens the scope of required online presence review—particularly social media—to include numerous additional visa categories beyond those already subject to such scrutiny. Applicants are now instructed to make their social media profiles publicly accessible to facilitate review, reflecting the government’s emphasis on national security and public safety in visa adjudications. This move reinforces the principle that visa issuance is discretionary and contingent on applicants clearly demonstrating eligibility and intent consistent with their visa classification.

Key Points

• Expanded Scope of Vetting: The policy extends social media and online presence review to additional visa categories, including A-3, G-5, H-3, K, Q, R, S, T, and U classifications. These are in addition to previously covered categories such as H-1B, F, M, and J visa applicants. 
• Public Social Media Requirement: Applicants are instructed to set all social media profiles to “public” or “open” to facilitate government review. This represents a more explicit and standardized expectation compared to prior vetting practices. 
• Broad Range of Affected Applicants: The expansion covers both principal applicants and dependents in certain categories, significantly increasing the number of individuals subject to enhanced screening. This includes groups such as fiancé(e) visa applicants (K visas) and religious workers (R visas). 
• National Security Justification: The Department emphasizes that visa adjudications are national security decisions and that all available information is used to assess admissibility. The goal is to identify individuals who may pose risks to public safety or national interests. 
• Reinforcement of Discretionary Nature of Visas: The announcement reiterates that a U.S. visa is a privilege, not a right. Applicants must credibly demonstrate eligibility and intent to comply with the terms of their admission.

What US Employers Need to Know

• Increased Scrutiny for Sponsored Workers: Employers sponsoring foreign nationals, particularly in H-1B and related categories, should expect deeper vetting of applicants’ backgrounds, including online activity. This may lead to longer adjudication times or additional follow-up inquiries. 
• Potential Processing Delays: Expanded screening requirements could slow down visa issuance at consulates, especially in high-volume categories. Employers should build additional time into hiring and onboarding timelines for foreign workers. 
• Risk of Inconsistent Outcomes: Social media review introduces a subjective element into adjudications, which may result in variability across cases or consular posts. Employers should be prepared for unpredictability in visa outcomes.
• Need for Applicant Preparedness: Employers may want to advise applicants to review their online presence for consistency with their visa purpose and professional background. Discrepancies between stated intent and online activity could raise concerns during adjudication. 
• Broader Impact Across Visa Types: The policy affects not only employment-based visas but also dependent, trainee, and cultural exchange categories. Employers with diverse immigration programs should assess the wider impact on their workforce planning.

Looking Ahead

• Further Expansion Possible: The government may continue expanding online vetting to additional visa categories or deepen the scope of review. This could include more advanced data analysis or integration with other screening systems. 
• Evolving Compliance Expectations: As digital vetting becomes more central, expectations around transparency and consistency in applicants’ online presence will likely increase. This may shape how applicants manage their digital identities. 
• Legal and Privacy Considerations: The requirement to make social media profiles public may face scrutiny or legal challenges over privacy concerns. Future policy adjustments could emerge in response to stakeholder feedback or litigation. 
• Impact on Global Mobility: Increased vetting may deter some applicants or complicate international hiring strategies. Employers may need to adapt by diversifying talent pipelines or planning for longer lead times. 
• Integration with Broader Security Policies: This initiative is part of a broader trend toward heightened immigration screening tied to national security. Future developments may further align visa adjudications with intelligence and law enforcement priorities.

The expansion of social media vetting underscores a clear shift toward more intensive and technology-driven screening in the U.S. visa process. While the policy does not change eligibility criteria, it raises the stakes for how applicants present themselves online and introduces new considerations for employers managing global talent. Ultimately, this development reinforces the discretionary and security-focused nature of U.S. visa adjudications, with practical implications for processing times, risk management, and compliance.

SOURCE: travel.state.gov/content/travel/en/News/visas-news/announcement-of-expanded-screening-and-vetting-for-visa-applicants.html

“Keep Innovators in America Act” Seeks to Codify OPT Program

A bipartisan bill introduced on March 19, 2026—the “Keep Innovators in America Act” (H.R. 8013)—aims to formally codify the Optional Practical Training (OPT) program, which allows international students in the United States to gain temporary work experience after completing their studies. Led by Sam Liccardo, Jay Obernolte, and Raja Krishnamoorthi, the legislation reflects growing bipartisan concern about retaining highly educated global talent trained at U.S. universities. Supporters argue that codifying OPT would strengthen the U.S. economy, enhance innovation, and improve competitiveness in critical technology fields, while maintaining oversight within the immigration system.

Key Points

• Bipartisan Effort to Codify OPT: The bill would formally establish the Optional Practical Training program in statute rather than leaving it subject to administrative policy changes. This would provide greater stability and predictability for international students and employers. 
• Focus on Retaining U.S.-Educated Talent: Lawmakers emphasize that the U.S. invests heavily in educating international students but risks losing them to global competitors. The bill seeks to ensure these individuals can contribute to the U.S. economy, at least temporarily, after graduation. 
• Economic Contributions of International Students: According to American Immigration Lawyers Association, international students contribute more than $40 billion annually and support hundreds of thousands of U.S. jobs. These contributions highlight the broader economic importance of maintaining pathways like OPT. 
• Support from Industry and Advocacy Groups: The legislation has backing from a wide coalition, including Compete America Coalition and Information Technology Industry Council. These groups argue that OPT is essential for sustaining U.S. leadership in STEM and emerging technologies.

What US Employers Need to Know

• Potential for Greater Program Stability: Codifying OPT would reduce uncertainty caused by regulatory or legal challenges. Employers could rely more confidently on OPT as a talent pipeline for international graduates. 
• Expanded Access to Skilled Talent: OPT provides employers with access to highly educated, U.S.-trained workers, particularly in STEM fields. This can help address skill shortages and support innovation-driven roles. 
• Compliance Still Required: Even if codified, OPT would remain subject to regulatory oversight and compliance obligations. Employers must continue to follow program rules related to training plans, reporting, and work authorization. 
• Policy Developments May Affect Hiring Timelines: While the bill aims to create stability, its passage and implementation timeline remain uncertain. Employers should monitor developments closely and plan accordingly.

Looking Ahead

• Legislative Uncertainty Remains: Although bipartisan, the bill must pass both chambers of Congress and be signed into law. Its prospects will depend on broader immigration policy debates and legislative priorities. 
• Potential Strengthening of OPT Framework: Codification could lead to clearer statutory guidelines and possibly enhancements to the program over time. This may include refinements to eligibility, duration, or oversight mechanisms. 
• Increased Global Competition for Talent: Other countries are actively attracting international graduates with favorable immigration policies. The U.S. may need to continue evolving its policies to remain competitive. 
• Broader Immigration Reform Implications: The bill could serve as a stepping stone for more comprehensive employment-based immigration reforms. It reflects growing recognition of the economic value of high-skilled immigration. 

SOURCE: www.congress.gov/bill/119th-congress/house-bill/8013/text

Forbes: Lower Immigration and Weak Job Growth Raise Concerns for US Economy

A March 22, 2026, analysis by Stuart Anderson in Forbes highlights growing concerns that declining immigration and stagnant job creation could significantly slow U.S. economic growth. Drawing on recent labor data, the article argues that a sharp drop in foreign-born workers—combined with little or no net job creation—undermines the labor force expansion needed to sustain economic growth. Contrary to claims that reducing immigration benefits U.S.-born workers, the data suggest the opposite: fewer immigrant workers have coincided with weaker labor force participation, higher unemployment among U.S.-born workers, and dimmer long-term growth prospects.

Key Points

• Decline in Foreign-Born Workforce: Recent data show a sharp drop in foreign-born workers, including a decline of hundreds of thousands in early 2026 alone. This reduction represents a significant deviation from expected labor force growth and signals structural weakness in workforce expansion. 
• No Evidence of Gains for U.S.-Born Workers: Despite expectations, fewer immigrant workers have not improved outcomes for U.S.-born workers. Instead, unemployment among U.S.-born individuals has risen and labor force participation has slightly declined.
• Risk of Zero or Minimal Job Creation: The combination of fewer workers and weak job growth raises concerns about stagnation. Without sufficient labor supply, businesses may struggle to expand, innovate, or meet demand.

What US Employers Need to Know

• Tighter Labor Markets Ahead: A decline in immigrant workers reduces the available labor pool across industries. Employers may face increasing difficulty filling roles, particularly in sectors that rely heavily on foreign-born talent.
• Importance of Workforce Planning: Employers should anticipate longer hiring timelines and invest in retention strategies. Workforce planning will become more critical in navigating a constrained labor environment. 
• Immigration Policy as a Business Variable: Changes in immigration policy are increasingly shaping labor market conditions. Employers should monitor policy developments as closely as other economic indicators.

Looking Ahead

• Long-Term Labor Shortages Likely: Demographic trends, including an aging population, suggest that immigration will remain a key driver of labor force growth. Without it, workforce shortages could become more severe over time. 
• Slower Economic Growth Trajectory: Reduced labor force growth is expected to lower overall economic expansion rates. Some projections indicate that restrictive immigration policies could significantly reduce future GDP growth.

The analysis underscores a fundamental economic reality: a growing workforce is essential for sustained economic growth. The recent decline in immigration and stagnation in job creation suggest that reducing the number of foreign-born workers does not strengthen the labor market—instead, it may weaken it. For employers and policymakers alike, the challenge will be balancing immigration policy with the practical need for a stable and expanding workforce to support long-term economic prosperity.

SOURCE: Stuart Anderson, Forbes: www.forbes.com/sites/stuartanderson/2026/03/22/lower-immigration-and-zero-net-job-creation-dim-us-growth-prospects/