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

May 22, 2026

Elimination of “D/S” May Affect F, J, and I Visa Holders

A proposed rule from the Department of Homeland Security (DHS) could significantly change how F, J, and I nonimmigrants are admitted and monitored in the United States. Currently, many individuals in these visa categories are admitted for “Duration of Status” (D/S), meaning they may remain in the country as long as they continue complying with the terms of their academic, exchange, or media-related program. Under the proposed system, these visa holders would instead receive fixed I-94 expiration dates, creating stricter compliance requirements and increasing the risk of unlawful presence findings if deadlines are missed or misunderstood.

Key Points

Fixed I-94 Expiration Dates: The proposed rule would replace the current D/S framework with fixed admission periods for many F, J, and I visa holders. This means individuals would no longer be allowed to remain in the United States indefinitely based solely on continued program compliance.
Increased Compliance Responsibilities: Universities, Designated School Officials (DSOs), and exchange program sponsors would face greater monitoring and reporting obligations under the proposal. Staff and visa holders would need additional training to recognize changes that could impact immigration status, including changes in major, educational objective, degree level, or academic program.
Higher Risk of Unlawful Presence: Under the current D/S system, unlawful presence often does not begin accruing until USCIS or an immigration judge formally determines that a status violation occurred. Under fixed admission periods, remaining in the United States beyond the I-94 expiration date could immediately trigger unlawful presence accrual and potentially lead to three- or ten-year reentry bars.
Confusion Between Visa Stamp and I-94 Dates: Many nonimmigrants mistakenly believe the visa stamp expiration date controls how long they may remain in the United States. In reality, the I-94 expiration date governs authorized stay, even if the visa stamp remains valid for a longer period.
Reduced Grace Periods: The proposal would shorten grace periods for certain F and J visa holders from 60 days to 30 days. This would reduce the amount of time available to transfer schools, change status, depart the United States, or make other post-program arrangements.

What Employers Need to Know

Foreign National Employees May Face Increased Timing Pressures: Employers that hire or sponsor F-1 students working through CPT or OPT programs may encounter tighter immigration timelines under the proposed framework. Delays involving onboarding, extensions, or status changes could create greater compliance risks for both employers and employees.
Universities and Program Sponsors Will Need Enhanced Oversight: Educational institutions and exchange sponsors may need to implement additional internal compliance procedures to monitor status-sensitive changes. Training programs for DSOs and international staff will likely become increasingly important if the rule is finalized.
Travel and Status Planning Will Become More Critical: Employees and students considering travel, transfers, degree changes, or educational progression may need immigration guidance before taking action. Even seemingly routine program changes could affect the validity period tied to the I-94 record.
Unlawful Presence Risks Could Escalate Quickly: Under a fixed-date system, accidental overstays may occur more easily if individuals fail to monitor their I-94 expiration dates carefully. Employers should encourage affected workers to regularly review their immigration documentation and maintain communication with counsel or DSOs.

Looking Ahead

USCIS Oversight Could Expand Further: The proposed rule suggests a broader move toward increased government monitoring of student and exchange visitor compliance. Future policy changes could impose even more reporting and documentation obligations on schools and program sponsors.
More Conservative Immigration Planning May Become Necessary: Students and exchange visitors may need to begin extension or transfer planning much earlier than under the current D/S framework. Employers and universities could also adopt more cautious timelines to avoid gaps in status.
Potential Increase in Status Violations: Fixed admission periods may lead to more inadvertent overstays, especially among individuals unfamiliar with the distinction between visa validity and authorized stay. This could result in increased denials, bars to reentry, and immigration enforcement consequences.
Legal and Administrative Challenges May Emerge: If implemented, the rule could face operational challenges as institutions adapt to the new requirements and educate affected populations. Immigration practitioners will likely see increased demand for guidance related to I-94 monitoring, reinstatement requests, and compliance strategy.

The proposed elimination of D/S admission for many F, J, and I visa holders would represent a major change to the current immigration framework governing students, exchange visitors, and foreign media representatives. By replacing flexible duration-based admissions with fixed I-94 expiration dates, DHS would create stricter compliance obligations and increase the consequences of timing mistakes or administrative misunderstandings. Universities, employers, DSOs, and visa holders alike would need to adopt more proactive monitoring and immigration planning practices to avoid unlawful presence issues and maintain lawful status in the United States.

SOURCE: ABIL Immigration Insider, May 17, 2026

USCIS Publishes 60-Day Notice of Revisions to E-Verify Program

On May 13, 2026, U.S. Citizenship and Immigration Services (USCIS) published a 60-day notice announcing proposed revisions to the E-Verify program. Although the notice confirms that changes are being considered, USCIS did not clearly summarize or identify the specific revisions in the publication itself. Instead, the agency directed the public to review the proposed information collection instrument, instructions, and related materials through Regulations.gov under docket number USCIS-2007-0023. Public comments on the proposed revisions will be accepted until July 13, 2026.

Key Points

USCIS Announced Proposed E-Verify Revisions USCIS published a formal 60-day notice regarding proposed updates to the E-Verify program on May 13, 2026. The notice begins the public comment process required before certain federal program changes may be implemented.
Specific Revisions Were Not Clearly Summarized The published notice does not provide a detailed explanation of the proposed revisions within the text itself. Employers and stakeholders must review supporting materials separately through Regulations.gov to better understand the potential changes.

What Employers Need to Know

E-Verify Participants Should Monitor the Proposal Closely: Employers enrolled in E-Verify may be affected by procedural or compliance-related changes depending on the substance of the revisions. Because the notice itself lacks detail, employers should review the supporting materials carefully to identify any operational impacts.
Advance Planning May Reduce Future Disruptions Even though the revisions have not yet been finalized, employers should begin monitoring developments now to avoid compliance surprises later. Early awareness can help businesses prepare internal systems and policies if significant operational changes are ultimately implemented.

Looking Ahead

USCIS May Increase Verification Oversight Depending on the nature of the proposed revisions, the agency could move toward stricter verification procedures or expanded employer responsibilities. This would align with broader trends toward heightened immigration-related compliance enforcement.
Technology and Data Collection Requirements Could Expand Future revisions may involve additional electronic verification procedures, data fields, or recordkeeping obligations. Employers may need to adapt internal onboarding systems to accommodate updated E-Verify requirements.

USCIS’s publication of a 60-day notice regarding revisions to the E-Verify program signals the possibility of future changes affecting employer verification practices and compliance obligations. Although the notice itself provides limited detail, the availability of supporting materials through Regulations.gov gives stakeholders an opportunity to evaluate the proposal and participate in the public comment process before July 13, 2026. Employers should closely monitor these developments and prepare for the possibility of expanded verification procedures, additional oversight, or updated compliance requirements in the future.

SOURCES: ABIL Immigration Insider, May 17, 2026; Federal Register, May 13, 2026: www.govinfo.gov/content/pkg/FR-2026-05-13/pdf/2026-09503.pdf

OFLC Releases Public Disclosure Data and Q2 FY 2026 Program Statistics

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has released new public disclosure data and selected program statistics for the second quarter of Fiscal Year 2026. The data covers employer applications and final determinations issued between October 1, 2025, and March 31, 2026, for several major immigration and labor certification programs, including PERM, Labor Condition Applications (LCAs) for H-1B and related visas, H-2A, H-2B, CW-1, and prevailing wage determinations. The release continues the government’s broader effort to improve transparency regarding employment-based immigration filings and labor certification activity in the United States.

Key Points

Scope of the Data Release: The newly released disclosure files include information on employer applications requesting labor certifications and prevailing wage determinations across multiple visa categories. These files contain all final determinations issued by OFLC during the first half of FY 2026, covering the period from October 1, 2025, through March 31, 2026.
Programs Covered: The disclosure data includes PERM labor certifications, LCAs for H-1B, H-1B1, and E-3 visas, as well as H-2A, H-2B, CW-1, and prevailing wage programs. Together, these programs represent many of the primary pathways employers use to sponsor foreign workers in both temporary and permanent employment categories.
Transparency and Public Access: OFLC publishes these quarterly reports to provide greater visibility into employment-based immigration activity and labor certification trends. The agency also released record layout documents explaining the available data fields and selected program statistics summarizing application volumes and outcomes.
Continuation of Quarterly Reporting: The Q2 FY 2026 release follows OFLC’s established practice of publishing quarterly disclosure data and performance statistics. The Department of Labor has stated that these quarterly disclosures will continue serving as their primary method for publicly reporting program activity.

What Employers Need to Know

Public Visibility of Filings: Employers should understand that information from labor certification and prevailing wage filings may become publicly accessible through OFLC disclosure reports. Although sensitive personal information is generally excluded, filing details such as job titles, wages, work locations, and case outcomes may appear in publicly released datasets.
Compliance Accuracy Matters: Because OFLC disclosure data is publicly available, inconsistencies or errors in filings may receive greater scrutiny from regulators, competitors, employees, or the media. Employers should carefully review all submitted information to ensure accuracy and consistency across immigration filings.
Trend Monitoring Can Aid Workforce Planning: Employers can use quarterly OFLC statistics to monitor trends in prevailing wages, certification approvals, and labor demand across industries and geographic regions. This information may help businesses make strategic decisions about hiring, sponsorship timing, and long-term workforce planning.
High Demand Continues Across Programs: The continued publication of extensive disclosure data reflects sustained employer reliance on employment-based immigration programs. Companies that depend on foreign talent should expect ongoing government attention to labor certification compliance and transparency requirements.

Looking Ahead

Greater Use of Immigration Data Analytics: As OFLC continues publishing detailed quarterly datasets, government agencies and outside analysts may increasingly use data analytics to identify filing trends and compliance concerns. This could lead to more targeted audits, investigations, or enforcement activity involving employers with unusual filing patterns.
Continued Emphasis on Transparency: The Department of Labor appears committed to maintaining regular public disclosure reporting for foreign labor certification programs. Future releases are likely to provide even more detailed insights into employer sponsorship activity and labor market conditions.
Potential Policy Implications: Policymakers may use OFLC disclosure statistics to support future regulatory or legislative changes affecting employment-based immigration programs. Trends in application volumes, wage levels, and approval rates could influence future debates regarding labor shortages, visa caps, and prevailing wage standards.

The OFLC’s release of Q2 FY 2026 disclosure data and program statistics highlights the federal government’s ongoing commitment to transparency in employment-based immigration programs. For employers, the data provides both a valuable source of labor market information and a reminder that immigration filings are subject to growing public visibility and regulatory scrutiny. As employment-based immigration remains critical for many industries, careful compliance and strategic workforce planning will continue to play an increasingly important role in employer-sponsored immigration.

SOURCE: discuss.ilw.com/articles/news/622515-news-oflc-releases-public-disclosure-data-and-selected-program-statistics-for-q2-of-fiscal-year-2026

Department of State Updates Global Visa Wait Times for May 2026

The U.S. Department of State has released updated global visa appointment wait times as of May 18, 2026, highlighting continued variability in interview scheduling delays at U.S. embassies and consulates worldwide. Visa appointment availability remains inconsistent across major consular posts, with some locations experiencing lengthy wait times for visitor, student, and employment-based visa interviews. The State Department emphasized that published wait times are only averages and do not guarantee appointment availability, as consulates continue to open additional interview slots on a rolling basis.

Key Points

Updated Wait Time Data Released: The State Department updated its global visa wait time information on May 18, 2026, for U.S. consular posts around the world. The report compares current appointment backlogs against prior months and highlights trends at several historically high-volume visa processing locations.
Consult the State Department’s Global Visa Wait Time Page: travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html
Wait Times Vary Significantly by Location: Appointment delays continue to differ substantially depending on the embassy or consulate handling the application. Some posts are processing interviews relatively quickly, while others continue to face significant backlogs caused by staffing shortages, operational constraints, and high application demand.
Published Wait Times Are Only Estimates: The State Department cautioned that the posted wait times do not guarantee that applicants will receive appointments within a specific timeframe. Consular posts regularly release additional interview slots, meaning availability can change frequently and sometimes unexpectedly.

What Employers Need to Know

Visa Delays Can Affect Workforce Planning: Employers relying on international hires or intracompany transferees should continue anticipating potential visa interview delays at certain consular posts. Delayed appointment availability may affect onboarding timelines, international assignments, and business travel planning.
Consular Strategy May Matter More Than Before: Because wait times differ substantially by location, employers and immigration counsel may increasingly evaluate which consular posts offer more efficient processing options when legally permissible. Strategic interview scheduling may help reduce disruption for foreign national employees.
Employees Should Schedule Early Whenever Possible: Companies should encourage foreign national employees to begin visa renewal and appointment scheduling processes well in advance of anticipated travel or work start dates. Early preparation may reduce the risk of unexpected disruptions caused by appointment shortages or rescheduling difficulties.
Travel Interruptions Remain a Significant Risk: Employees traveling internationally while awaiting visa appointments may encounter extended stays abroad if interview delays occur unexpectedly. Employers should account for possible operational disruptions and consider contingency planning for key personnel.

Looking Ahead

Visa Delays Can Affect Workforce Planning: Employers relying on international hires or intracompany transferees should continue anticipating potential visa interview delays at certain consular posts. Delayed appointment availability may affect onboarding timelines, international assignments, and business travel planning.
Consular Strategy May Matter More Than Before: Because wait times differ substantially by location, employers and immigration counsel may increasingly evaluate which consular posts offer more efficient processing options when legally permissible. Strategic interview scheduling may help reduce disruption for foreign national employees.
Employees Should Schedule Early Whenever Possible: Companies should encourage foreign national employees to begin visa renewal and appointment scheduling processes well in advance of anticipated travel or work start dates. Early preparation may reduce the risk of unexpected disruptions caused by appointment shortages or rescheduling difficulties.
Travel Interruptions Remain a Significant Risk: Employees traveling internationally while awaiting visa appointments may encounter extended stays abroad if interview delays occur unexpectedly. Employers should account for possible operational disruptions and consider contingency planning for key personnel.

SOURCE: travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html

Trump Administration Orders Banks To Scrutinize Customers’ Citizenship Status

President Donald Trump has signed a new executive order directing banks and federal regulators to more closely examine the citizenship and immigration status of financial institution customers as part of a broader immigration enforcement initiative. According to reporting from the Associated Press and other news outlets, the order instructs regulators to identify potential risks associated with undocumented immigrants opening bank accounts or obtaining financial products such as loans and credit cards. While the administration stopped short of requiring banks to collect citizenship documentation from all customers, the order signals a major expansion of immigration-related scrutiny within the U.S. financial system.

Key Points

Executive Order Expands Immigration-Related Banking Scrutiny: President Donald Trump signed an executive order directing federal banking regulators and agencies to increase scrutiny of customers’ citizenship and immigration status. The administration described the measure as part of a broader effort to reduce financial risks and strengthen immigration enforcement.
Banks Are Not Yet Required to Collect Citizenship Documents: Despite earlier reports suggesting mandatory citizenship verification requirements, the final order does not currently force banks to collect immigration documentation from every customer. Banking industry lobbying efforts reportedly helped soften the administration’s original proposal due to concerns about cost, compliance burdens, and operational disruption.

What Employers Need to Know

Compliance Expectations Could Expand Beyond Immigration Law: The executive order reflects a growing trend toward integrating immigration enforcement into broader regulatory and financial compliance systems. Employers should anticipate that immigration-related verification and documentation requirements may increasingly overlap with banking, payroll, tax, and financial reporting practices.
Legal and Privacy Concerns May Continue Developing Because banks historically have not collected citizenship information from customers, implementation of the order may create unresolved legal, operational, and privacy issues. Employers should monitor future Treasury Department guidance and regulatory developments that may affect workforce administration and employee documentation practices.

Looking Ahead

Additional Banking Regulations May Be Proposed: The executive order reportedly directs regulators to consider revisions to “know your customer” and anti-money laundering rules within the coming months. Future regulations could potentially authorize or encourage banks to collect additional immigration-related information from customers.
Immigration Enforcement May Continue Expanding Into Financial Systems: The order reflects a broader policy approach that increasingly links immigration enforcement with financial oversight and fraud detection initiatives. Additional federal actions may further integrate immigration status reviews into tax administration, lending, payment systems, and identity verification procedures.
Financial Access for Noncitizens Could Become More Limited: If banks respond conservatively to the administration’s guidance, some noncitizens may encounter increased barriers when opening accounts or seeking loans and credit products. Such developments could affect not only undocumented immigrants, but also individuals using ITINs, temporary visa holders, and other nontraditional borrowers.

The Trump administration’s new executive order directing banks to increase scrutiny of customers’ citizenship and immigration status marks a significant expansion of immigration enforcement into the financial sector. Although the order currently stops short of mandating universal citizenship checks, it signals growing federal interest in using banking oversight as part of broader immigration policy objectives.

SOURCE:apnews.com/video/trump-orders-banks-to-take-a-closer-look-at-clients-citizenship-in-new-immigration-enforcement-move-33067400ba2e4f12bd5fcef44487d157

Trump Administration Pursues Civil Immigration Fines Through Federal Courts

Recent reporting indicates that the Trump administration has significantly expanded the use of civil immigration fines as part of its broader immigration enforcement strategy. According to a Bloomberg Law analysis, the government issued more than 65,000 civil fines totaling over $36 billion between January 2025 and mid-March 2026, while also filing dozens of lawsuits to collect those penalties in federal court. The fines, imposed by U.S. Immigration and Customs Enforcement (ICE), are being used against immigrants accused of remaining in the United States unlawfully or failing to comply with removal-related requirements. In some cases, the government has reportedly sought penalties exceeding $1 million, while also pursuing tax refund seizures and other collection measures.

Key Points

The Administration Has Dramatically Expanded Civil Immigration Fines: Bloomberg Law reported that the government issued 65,101 civil fines totaling more than $36 billion between January 2025 and March 2026. Federal lawsuits seeking to enforce payment of those penalties began appearing in court records in late 2025.
Some Penalties Reach Extremely High Dollar Amounts: While some lawsuits seek relatively modest amounts, other cases reportedly involve fines exceeding $1 million. Separate reporting described individuals receiving penalties of approximately $1.8 million tied to allegations that they failed to depart the United States after removal orders.
ICE Is Using Multiple Collection Mechanisms: In addition to filing lawsuits, the government has reportedly sought to collect immigration fines through tax refund seizures and other enforcement methods. These actions reflect a broader effort to increase pressure on individuals without lawful immigration status.
Advocates Argue the Policy Is Intended to Encourage Self-Deportation: Immigration advocates quoted in the reporting characterized the fines as part of a strategy designed to make remaining in the United States financially and legally difficult. Critics argue that the escalating penalties may pressure individuals to abandon legal claims or voluntarily depart the country.
The Policy Fits Within a Larger Immigration Enforcement Expansion: The increased use of civil penalties comes amid broader enforcement initiatives involving detention expansion, stricter court practices, and heightened immigration-related litigation. Multiple reports describe a substantial increase in immigration enforcement activity during the current administration.

What Employers Need to Know

Employees May Face Significant Financial and Legal Pressures: Foreign national workers with unresolved immigration issues may encounter increased financial exposure if civil penalties become more widely imposed. Employers could see rising workforce instability where employees face ongoing litigation or enforcement actions.
Immigration Compliance Reviews May Become More Important: Businesses employing foreign nationals should ensure that immigration records, work authorization documentation, and compliance procedures are carefully maintained. Increased enforcement activity may lead to greater scrutiny of employer practices and employee status histories.
Workforce Anxiety and Retention Challenges Could Increase: Reports of large civil fines and aggressive collection efforts may create fear and uncertainty among immigrant communities and foreign national employees. Employers may experience higher turnover, reduced mobility, or reluctance among workers to engage with immigration processes.
Coordination With Immigration Counsel May Be Necessary: Employers with affected employees may benefit from proactive communication with immigration counsel regarding status maintenance, compliance obligations, and enforcement risks. Early legal guidance may help reduce exposure arising from evolving enforcement priorities.

Looking Ahead

Civil Immigration Enforcement May Continue Expanding: The administration’s increasing reliance on financial penalties suggests that civil enforcement tools may become a more prominent component of immigration policy moving forward. Additional litigation and collection activity could emerge if the current strategy continues.
Legal Challenges to the Fines Are Likely: Advocacy organizations and immigration attorneys are already challenging aspects of the administration’s enforcement policies in court. Future litigation may address due process concerns, statutory authority, and the proportionality of the penalties being imposed.
More Aggressive Collection Practices Could Develop: If the government continues prioritizing fine collection, additional enforcement mechanisms such as wage garnishments, liens, or expanded tax interception efforts could potentially be pursued. These developments could significantly increase the practical impact of the fines on affected individuals.
The Broader Immigration Court System May Face Additional Pressure: The increase in civil lawsuits and enforcement proceedings may place further strain on federal courts and immigration adjudication systems already facing substantial backlogs. At the same time, ongoing policy changes involving detention, removal proceedings, and immigration courts are likely to continue generating litigation and operational challenges.

SOURCE: news.bloomberglaw.com/daily-labor-report/trump-is-taking-immigrants-to-court-seeking-millions-in-fines

Centers for Disease Control and Department of Homeland Security Consider New Travel Restrictions Amid Expanding Ebola Outbreak

Federal health officials are considering new travel restrictions and enhanced screening measures in response to a growing Ebola outbreak affecting parts of Central and East Africa. Recent reporting indicates that the Centers for Disease Control and Prevention (CDC) and the Department of Homeland Security (DHS) are evaluating restrictions involving travelers from countries affected by the outbreak, including the Democratic Republic of the Congo (DRC), Uganda, and South Sudan. The outbreak involves the Bundibugyo strain of Ebola, a particularly concerning variant because there is currently no approved vaccine specifically targeting it. U.S. officials continue to state that the risk to the general American public remains low, but the administration has already begun implementing enhanced traveler screening and monitoring procedures.

Key Points

The Ebola Outbreak Has Triggered International Concern: The World Health Organization (WHO) has declared the outbreak a public health emergency of international concern due to concerns about regional spread and limited containment capacity. Reports indicate that the outbreak has expanded in the DRC and Uganda, with suspected cases and deaths continuing to rise.
The Bundibugyo Ebola Strain Presents Unique Challenges: Unlike some prior Ebola outbreaks, the current outbreak involves the Bundibugyo strain, for which there is no approved vaccine or targeted treatment currently available. Public health officials have warned that the absence of an established vaccine may complicate containment and response efforts.
The United States Has Begun Enhanced Screening Measures: The CDC and DHS have already announced increased monitoring and screening procedures for travelers arriving from affected regions. Officials are also reportedly considering additional entry restrictions affecting certain non-U.S. nationals who recently traveled through outbreak zones.
Public Health Officials Continue to Emphasize Low Domestic Risk Despite the seriousness of the outbreak abroad, the CDC has repeatedly stated that the overall risk of Ebola transmission within the United States remains low. Officials nevertheless continue coordinating international surveillance, airport screening, and preparedness efforts to prevent broader spread.

What Employers Need to Know

International Travel Policies May Require Immediate Review: Employers with personnel traveling to or from affected regions should closely monitor evolving CDC and DHS guidance. Businesses may need to revise travel approval procedures, health screening protocols, and contingency planning for employees operating internationally.
Foreign National Employees Could Face Additional Entry Restrictions: Employees, contractors, or business visitors traveling from impacted countries may encounter heightened screening, delayed entry processing, or temporary travel limitations. Employers should encourage affected workers to consult immigration and travel counsel before international travel occurs.

Looking Ahead

Additional Travel Restrictions May Be Implemented: Federal agencies may expand travel limitations or entry screening requirements if the outbreak continues spreading across borders or into urban areas. Future restrictions could resemble earlier public health travel controls implemented during prior international disease outbreaks.
Employers Should Expect Continued Monitoring Requirements: Businesses with global operations may need to prepare for ongoing health declarations, travel questionnaires, screening procedures, and other compliance measures tied to international travel. Immigration, mobility, and HR teams will likely need to remain attentive to rapidly changing government guidance.

As the CDC and DHS evaluate enhanced screening procedures and potential travel restrictions, employers and international travelers may face increasing operational and compliance challenges tied to global mobility. Although federal officials continue to emphasize that the domestic risk remains low, the absence of an approved vaccine for the Bundibugyo strain and the outbreak’s continued spread suggest that governments, employers, and healthcare systems will need to remain vigilant in the months ahead.

SOURCE: New York Times, May 20, 2026: www.nytimes.com/2026/05/21/us/politics/us-entry-restrictions-ebola-outbreak.html

US Departments of Labor, Justice Announce Enforcement Actions Against Cloudera for Alleged Immigration Violations

The U.S. Departments of Labor and Justice announced coordinated enforcement actions against Cloudera Inc. over allegations that the company violated the Immigration and Nationality Act during the PERM labor certification process. According to federal officials, Cloudera allegedly created a recruitment system that prevented qualified U.S. workers from applying for high-paying technology positions while still certifying to the government that no qualified American workers were available. As part of the enforcement action, the Department of Labor suspended processing of all PERM applications filed by or on behalf of Cloudera for 180 days, with the possibility of a longer suspension depending on the outcome of an ongoing Department of Justice investigation.

Key Points

Government Enforcement Action: The Department of Labor’s Employment and Training Administration suspended all PERM labor certification applications filed by or for Cloudera for 180 days. Federal officials stated that the suspension may be extended depending on the findings of the Department of Justice investigation.
Alleged Discrimination Against U.S. Workers: The Department of Justice alleges that Cloudera engineered a non-functional recruitment process that prevented qualified American workers from applying for open positions. Officials claim the company still certified to the government that no qualified U.S. workers were available for those jobs.
PERM Recruitment Process Under Scrutiny: The PERM program requires employers to conduct good-faith recruitment efforts before sponsoring foreign nationals for permanent residency. Federal authorities allege that Cloudera used a separate and ineffective hiring process that differed from its normal recruiting procedures.
DOJ Lawsuit Filed: On April 28, 2026, the Department of Justice filed a lawsuit against Cloudera before the Office of the Chief Administrative Hearing Officer. The lawsuit alleges violations of anti-discrimination provisions under the Immigration and Nationality Act related to the company’s PERM.

What Employers Need to Know

PERM Recruitment Must Reflect Normal Hiring Practices: Federal agencies are emphasizing that PERM recruitment efforts must resemble an employer’s ordinary recruiting process. Using separate systems, limited application methods, or inaccessible procedures may now attract significant government scrutiny.
Technical Errors Can Create Major Liability: Even seemingly simple issues, such as a malfunctioning email address or broken application system, can lead to serious allegations if they interfere with U.S. worker applications. Employers should carefully monitor all recruitment channels used for PERM filings to ensure they function properly.
Government Coordination Is Increasing: The Cloudera matter demonstrates growing cooperation between the Department of Labor and Department of Justice in employment-based immigration enforcement. Employers may now face overlapping investigations involving labor certification compliance, discrimination laws, and immigration fraud concerns.
PERM Certifications Carry Legal Risk: Statements made in PERM filings are submitted under penalty of perjury and may become evidence in enforcement proceedings. Employers should ensure that recruitment reports, applicant tracking records, and certifications are accurate and fully documented.
Immigration Compliance Programs Should Be Reviewed: Companies that sponsor foreign workers should consider conducting internal reviews of recruitment systems, applicant tracking procedures, and immigration compliance practices. Proactive audits may help identify vulnerabilities before they become the subject of government investigations.

Looking Ahead

More Aggressive PERM Enforcement Likely: The federal government appears poised to continue increasing scrutiny of PERM labor certification practices, particularly in the technology sector. Employers using employment-based immigration programs should expect more audits, investigations, and enforcement actions.
Technology Companies May Face Heightened Attention: Because many technology employers rely heavily on PERM and H-1B sponsorships, the industry may remain a primary focus for immigration-related enforcement initiatives. Officials have indicated that protecting opportunities for U.S. workers is a major enforcement priority.
Recruitment Standards Could Become Stricter: Agencies may continue developing stricter expectations regarding good-faith recruitment and accessibility for U.S. applicants. Employers could face higher compliance burdens related to applicant tracking, recruitment transparency, and documentation practices.
Broader Immigration Programs May Be Affected: Increased scrutiny of PERM recruitment may also spill over into other employment-based immigration categories, including H-1B programs. Employers with significant foreign national workforces may need to devote greater resources to compliance and risk management.

The enforcement actions against Cloudera highlight the federal government’s growing focus on immigration compliance and the treatment of U.S. workers during the PERM recruitment process. The case serves as a warning that employers must ensure recruitment systems are functional, accessible, and consistent with ordinary hiring practices, because even technical failures or poorly managed processes can lead to major legal, operational, and reputational consequences.

SOURCE: US Department of Labor: www.dol.gov/newsroom/releases/eta/eta20260512

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