U.S. Immigration Alerts

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

DHS Suspends Visa-Free Travel Program for Chinese Nationals Visiting the North Mariana Islands

The Department of Homeland Security (DHS) suspended the Economic Vitality & Security Travel Authorization Program (EVS-TAP) through a Federal Register notice published October 27, 2026. The program allowed eligible Chinese nationals to visit the Commonwealth of the Northern Mariana Islands (CNMI) without a visa for up to 14 days. Chinese nationals planning business or tourism visits must now obtain an appropriate visa unless another lawful exception applies.

Key Points

• Effective Date: The suspension took effect at 2 p.m. Eastern Daylight Time on October 30, 2026 (4 am October 31, Chamorro Standard Time).
• Travel Authorizations: DHS is no longer accepting new EVS-TAP applications. Previously approved authorizations have also been revoked under the suspension.
• Government Review: DHS is reviewing the program in consultation with the Departments of State and the Interior. The agency cited national security, law enforcement, immigration enforcement, and birth tourism concerns as grounds for the suspension.

What Employers Need to Know

• Visa Requirements: Affected Chinese nationals traveling for business or tourism generally need an appropriate nonimmigrant visa, typically a B-1 or B-2, obtained through a U.S. embassy or consulate. Employers should confirm travelers have the required documentation before finalizing plans.
• Upcoming Travel: Employers should review planned CNMI visits by employees or business contacts who are expected to use EVS-TAP. Travelers who need a visa may require additional time to complete the application process.
• Travelers Already Present: Chinese nationals already admitted under EVS-TAP and lawfully present when the suspension took effect may remain for their authorized stay. Future visits require an appropriate visa unless another lawful exception applies.

Looking Ahead

• Review Outcome: The government’s review could lead to changes in the program’s requirements or future availability. Employers should monitor official announcements before planning travel that depends on its resumption.
• Business Planning: Visa processing may affect the timing of meetings and other business visits. Employers may need to build additional flexibility into travel schedules.
• Tourism Implications: Additional visa requirements could affect travel demand and businesses serving Chinese visitors. DHS acknowledged potential inconvenience and financial losses for affected travelers and CNMI businesses.

The suspension removes the EVS-TAP option for eligible Chinese visitors while the government reviews the program. Employers and travelers should reassess upcoming CNMI visits, confirm applicable visa requirements, and allow sufficient time for any necessary applications.

DOL Proposal to Modernize PERM Labor Certification Clears White House Review

A Department of Labor (DOL) proposal to update the PERM labor certification process, titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program” (RIN 1205-AC29), cleared White House regulatory review on October 23, 2026. PERM is a key step in many employer-sponsored green card cases, requiring employers to test the labor market for available U.S. workers. The proposal is expected to address recruitment standards, protections for workers affected by layoffs, and employer compliance, but its detailed requirements remain unpublished, and current regulations continue to apply.

Key Points

• Regulatory Milestone: The Office of Information and Regulatory Affairs, within the Office of Management and Budget, completed its review with the designation “Consistent with Change.” OIRA also classified the proposal as economically significant and major. This clears a procedural step toward publication of the proposal, rather than putting new requirements into effect.
• Recruitment Standards: DOL intends to update minimum standards for recruiting qualified U.S. workers and modernize how it receives and reviews PERM applications. The agency notes that technological developments and changing recruitment practices warrant revisions to regulations that have not been comprehensively modified since 2004.
• Worker Protections: The proposal is expected to strengthen safeguards for U.S. workers affected by layoffs. DOL also plans to address nondiscriminatory recruitment and hiring practices, along with record retention requirements.

What Employers Need to Know

• Current Requirements: Existing PERM regulations remain in effect for pending and planned applications. Employers should continue following those requirements while monitoring the proposal’s publication.
• Compliance Preparation: Employers should review their recruitment procedures, applicant evaluation practices, and supporting records with immigration counsel. This can help identify existing compliance gaps and prepare teams to assess any proposed changes.
• Unpublished Details: The proposal’s specific requirements and any transition provisions remain unknown. Employers should avoid assuming how future changes would affect recruitment already underway, or applications already filed.

Looking Ahead

• Public Comment: Publication in the Federal Register is expected to provide an opportunity for public comment. Employers should review the published notice for the actual deadline and consider submitting comments explaining how the proposed requirements would affect their operations.
• Potential Operational Changes: Revised recruitment or documentation standards could require adjustments to internal procedures and sponsorship planning. The extent of those adjustments will depend on the published proposal and any final rule.
• Implementation Timing: White House clearance does not establish an effective date. Any new obligations would depend on completion of the rulemaking process and the implementation provisions of a final regulation.

The proposal advances a potential update to the PERM process, but it does not immediately change employers’ obligations. Employers should maintain compliance with current rules, monitor publication, and evaluate the proposed requirements before adjusting their sponsorship practices.

USCIS Expands L-1 Fee Requirements for Covered Employers

On October 27, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert PA-2026-16 updating fee guidance for L-1 intracompany transferee petitions to reflect a DHS final rule effective September 9, 2026. The update explains that the 9-11 Response and Biometric Entry-Exit Fee (Public Law 114-113), previously required for certain L-1A and L-1B petitions, now applies more broadly to petitions filed by covered employers, including extension requests. It also clarifies which employers are covered and directs petitioners to the USCIS Fee Schedule for applicable amounts.

Key Points

• Expanded Coverage: The fee applies to all L-1 petitions filed by covered employers on or after September 9, 2026, and postmarked on or before September 30, 2027, subject to a limited exception. An amended petition that does not request an extension of the beneficiary’s currently authorized L-1 status is exempt. The fee does not apply retroactively to pending petitions.
• Covered Employers: The fee applies to petitioners with 50 or more employees in the United States if more than 50 percent of those employees hold H-1B or L-1 status in the aggregate. Both full-time and part-time employees count toward this calculation.
• Fee Schedule Reference: The updated guidance removes references to specific dollar amounts. Instead, it directs petitioners to the USCIS Fee Schedule, which lists the fees required when filing Form I-129 for an L-1 beneficiary.

What Employers Need to Know

• Workforce Calculation: Employers should confirm their total employee count and the combined proportion of employees in H-1B and L-1 status. Including both full-time and part-time employees is necessary to determine whether the additional fee applies.
• Extension Requests: Covered employers should account for the additional fee when budgeting for L-1 extensions. They should also review petitions requesting both an amendment and an extension, because the amendment exception applies only when no extension is requested.
• Filing Preparation: Employers should consult the current USCIS Fee Schedule when preparing each L-1 petition. Filing teams should confirm all applicable Form I-129 fees rather than relying on amounts stated in older guidance.

Looking Ahead

• Sponsorship Costs: Broader application of the fee will increase the cost of maintaining L-1 employees’ status for covered employers. Employers should incorporate those potential expenses into staffing and immigration budgets.
• Workforce Changes: Changes in employee numbers or immigration status may affect whether an employer meets the coverage thresholds. Employers should reassess their calculations when preparing subsequent petitions.
• September 2027 Deadline: The guidance identifies September 30, 2027, as the applicable postmark cutoff, when the fee is currently set to expire unless Congress extends it. Employers should monitor official developments before determining the fee requirements for petitions filed after that date.

The update broadens the additional L-1 fee application while preserving an exception for amendments that do not request an extension of status. Covered employers should verify their workforce calculations, identify the requested petition action, and consult the current USCIS Fee Schedule before filing.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.