FGI UPDATE: This Week’s Summary of U.S. News
July 17, 2026
Department of Labor Plans Major Update to PERM Labor Certification Process
The U.S. Department of Labor (DOL) has announced plans to modernize the PERM labor certification process for the first time in more than 20 years. Although the agency has not yet published the proposed regulations, its regulatory agenda indicates that it intends to update the recruitment requirements to better reflect modern hiring practices while strengthening protections for U.S. workers. Employers should continue following the current PERM rules until new regulations are formally proposed and finalized.
Key Points
• First Major Overhaul in Two Decades: The DOL plans to make the first significant changes to the PERM labor certification program since the regulations were established more than 20 years ago. The modernization effort is intended to align the program with today’s labor market and current recruiting practices.
• Modernizing Recruitment Requirements: Current PERM rules still rely heavily on recruitment methods such as newspaper advertisements and state workforce agency postings. The DOL is expected to shift greater emphasis toward online recruitment through employer career websites, professional networking platforms, internet job boards, and other digital hiring tools commonly used today.
• Additional Employer Compliance Obligations: The proposed rule is expected to increase employer recordkeeping and documentation requirements while strengthening standards for nondiscriminatory recruitment practices. Employers that have recently experienced layoffs or corporate restructuring may also face increased scrutiny during the PERM process.
• Purpose of the PERM Program Remains the Same: The modernization proposal does not change the fundamental purpose of PERM labor certification, which is to demonstrate that no able, willing, qualified, and available U.S. workers are available for the offered position. The DOL also seeks to ensure that employing a foreign national does not negatively affect the wages or working conditions of similarly employed U.S. workers.
What Employers Need to Know
• Current Rules Still Apply: Employers should continue following the existing PERM recruitment and filing requirements because no regulatory changes have taken effect yet. Any new requirements will only become effective after the formal rulemaking process is completed.
• Review Recruitment Practices: Companies that regularly sponsor employees for permanent residence should begin evaluating how their current recruiting methods align with modern digital hiring platforms. Organizations may eventually be able to rely more heavily on recruitment methods they already use for normal hiring rather than maintaining separate PERM-specific recruitment campaigns.
• Prepare for Greater Documentation: Employers should anticipate that future PERM filings may require more detailed documentation demonstrating recruitment efforts and compliance with nondiscriminatory hiring requirements. Businesses that have undergone layoffs, reorganizations, or workforce reductions should also expect closer government review of future PERM applications.
• Monitor Regulatory Developments: The DOL has announced its intent to publish a Notice of Proposed Rulemaking (NPRM), which will provide the complete regulatory language and open a public comment period. Employers should closely monitor these developments because the final regulations could significantly affect future PERM sponsorship strategies.
Looking Ahead
• Formal Rulemaking Is Still Pending: The DOL has not yet released the actual regulatory text, so many details remain unknown. The upcoming NPRM will provide employers with the opportunity to review the proposed changes and submit public comments before any final rule is issued.
• Digital Recruitment Will Likely Become the Standard:Future PERM recruitment requirements are expected to better reflect how employers actually recruit employees in today’s labor market. This could reduce the disconnect between ordinary business recruiting practices and the specialized recruitment currently required for PERM filings.
• Compliance Expectations May Increase: While modernization could simplify certain aspects of recruitment, employers should also expect heightened compliance obligations and additional government oversight in specific situations. Companies that proactively strengthen their recruitment documentation and compliance procedures may be better positioned once the new regulations take effect.
The DOL’s planned modernization of the PERM labor certification program represents one of the most significant proposed changes to employment-based immigration in more than two decades. Although the details have not yet been released, employers should prepare for a system that better reflects modern hiring practices while also imposing stronger compliance, documentation, and worker-protection requirements. Until new regulations are finalized, employers must continue complying with the existing PERM rules while closely monitoring future developments.
SOURCE: www.boundless.com/blog/dol-plans-major-perm-labor-certification-update
Department of State Requires Nonimmigrant Visa Applicants to Apply in Country of Residence or Nationality
The U.S. Department of State has updated its guidance for nonimmigrant visa (NIV) applicants, requiring most applicants to schedule visa interviews at a U.S. embassy or consulate located in their country of nationality or country of residence. The policy change is intended to reduce the practice of applying at third-country consulates solely because of shorter appointment wait times or perceived processing advantages. Applicants who apply outside their country of nationality or residence may face longer wait times, additional scrutiny, and greater difficulty demonstrating eligibility for a visa.
Key Points
• Visa Interviews Generally Limited to Residence or Nationality: The Department of State now instructs nonimmigrant visa applicants to schedule interviews at U.S. embassies or consulates in their country of nationality or residence. Applicants residing in countries where the United States does not conduct routine visa operations must generally apply at designated processing locations unless they have legal residence elsewhere.
• Third-Country Visa Applications Face Additional Challenges: Applicants who choose to apply outside their country of nationality or residence may experience longer appointment wait times and increased difficulty demonstrating eligibility for visa issuance. Visa fees paid for applications filed outside the appropriate location generally cannot be transferred or refunded.
• Residence Must Be Demonstrated: Applicants relying on residence as the basis for applying at a particular U.S. consular post must be able to establish that they actually reside in that country. Consular posts may request evidence confirming residence before accepting or processing an application.
• Limited Exceptions Remain Available: The policy allows limited exceptions, including situations involving humanitarian emergencies, medical circumstances, or foreign policy considerations. Certain diplomatic and official visa categories, including A, G, C-2, C-3, NATO, and UN Headquarters Agreement-related visas, are generally outside the scope of this requirement.
What Employers Need to Know
• Employees Should Avoid Visa “Shopping”: Employers should advise foreign national employees that applying for a U.S. visa at a convenient third-country location may no longer be a practical strategy. Employees seeking visa appointments outside their country of residence or nationality may encounter longer delays and additional questions from consular officers.
• International Travel Planning Requires More Lead Time: Employees who require visa stamping should evaluate travel plans carefully because appointment availability may vary significantly depending on the employee’s country of residence or nationality. Unexpected visa delays could affect return-to-work timelines and international mobility schedules.
• H-1B and Other Work Visa Holders Should Plan Carefully: Employees in H-1B, L-1, O-1, E, and other employment-based nonimmigrant categories should consider the location of future visa appointments before traveling internationally. A visa renewal strategy that previously relied on third-country processing may no longer provide the same flexibility.
• Maintain Evidence of Residence: Employers supporting employees who apply based on residence outside their country of nationality should ensure employees maintain documentation showing lawful residence. Evidence may include residence permits, work authorization documents, local identification, or other proof requested by the consular post.
• Review Global Mobility Policies: Companies with international assignments should update travel and immigration guidance to reflect the new consular processing limitations. Mobility teams should incorporate additional timing considerations when employees require visa issuance before returning to the United States.
Looking Ahead
• Third-Country Processing May Become Less Common: The policy change is expected to reduce reliance on third-country U.S. consulates where applicants previously sought faster appointment availability. Over time, applicants may increasingly need to complete visa processing through locations tied directly to their nationality or legal residence.
• Appointment Backlogs Could Become More Significant: Concentrating applicants within their designated countries may increase demand at certain U.S. embassies and consulates. Employers and foreign nationals should expect that visa appointment availability may continue to vary significantly by location.
• Additional Consular Guidance May Follow: As posts implement the updated procedures, individual embassies and consulates may issue additional instructions regarding documentation requirements and local procedures. Applicants should monitor the specific U.S. embassy or consulate website handling their case.
• Immigration Planning Will Require Greater Coordination: Employers managing global workforces may need to integrate visa appointment location considerations into relocation, assignment, and travel planning. Advance preparation will become increasingly important for employees whose ability to return to the United States depends on timely visa issuance.
The Department of State’s updated nonimmigrant visa interview policy represents a significant shift away from flexible third-country visa processing toward a system focused on an applicant’s country of nationality or residence. While limited exceptions remain available, employers and foreign nationals should assume that visa applications filed outside the appropriate location may involve additional risks, delays, and documentation requirements. Companies with international employees should update mobility strategies, encourage advance visa planning, and carefully evaluate international travel before employees depart the United States.
SOURCE: travel.state.gov/content/travel/en/News/visas-news/adjudicating-niv-applicants-in-their-country-of-residence.html
Department of State Updates Immigrant Visa Processing Rule to Prioritize Country of Residence or Nationality
The U.S. Department of State has updated its guidance for immigrant visa (IV) applicants, directing most applicants to complete their visa processing at a U.S. embassy or consulate located in their country of residence or country of nationality. The change is intended to create a more consistent and manageable immigrant visa process by limiting the use of third-country consular posts where applicants do not have a meaningful connection. While exceptions remain available in certain circumstances, applicants who seek immigrant visa processing outside their country of residence or nationality may face additional delays, increased documentation requirements, and greater uncertainty during adjudication.
Key Points
• Immigrant Visa Processing Location Is More Restricted:The Department of State now instructs immigrant visa applicants to process their cases at a U.S. embassy or consulate in their country of residence or nationality. Applicants who previously relied on third-country processing for convenience or faster appointments may no longer have the same flexibility.
• Residence or Nationality Determines the Appropriate Post: Applicants generally should select a consular location where they legally reside or where they hold citizenship. Individuals applying based on residence may need to provide documentation establishing their lawful residence in that country before the consular post accepts or processes the case.
• Third-Country Processing May Create Additional Challenges: Applicants who request immigrant visa processing outside their country of residence or nationality may encounter longer processing times, additional review, and more difficulty completing the interview process. Visa fees and related expenses may also create additional burdens because applicants may not be able to transfer applications easily between locations.
• Limited Exceptions May Apply: The updated guidance allows exceptions in limited circumstances, including humanitarian concerns, medical emergencies, foreign policy considerations, and other situations where a consular post determines that processing elsewhere is appropriate. Applicants seeking an exception should be prepared to explain and document the reason for requesting processing outside the normal location.
• Consular Posts Will Continue Applying Existing Immigration Standards: The location change does not alter the underlying requirements for immigrant visa eligibility, admissibility, or approval. Applicants must still demonstrate that they qualify for the immigrant visa category and satisfy all applicable Department of State requirements.
What Employers Need to Know
• Employment-Based Immigrants Should Plan Visa Processing Carefully: Employers sponsoring foreign nationals for permanent residence should consider where employees and their dependents will complete immigrant visa processing if they are outside the United States. Changes in processing location flexibility could affect relocation plans, travel timing, and green card completion timelines.
• Third-Country Visa Strategies May Become Less Reliable: Companies that previously advised employees to use third-country U.S. consulates because of shorter appointment availability should reassess those strategies. Employees may need to complete immigrant visa processing in their home country or country of lawful residence, even if another location appears more convenient.
• Dependents May Face Additional Planning Considerations: Employment-based green card applicants often include spouses and children who may complete immigrant visa processing separately or together with the principal applicant. Employers should consider how the updated processing rules may affect family members located in different countries.
• International Travel During Green Card Processing Requires Coordination: Employees undergoing consular immigrant visa processing should carefully coordinate international travel and relocation plans. Delays at the consular stage could affect start dates, return-to-work schedules, and family relocation timelines.
• Maintain Documentation Establishing Residence:Employees applying through a country of residence should maintain evidence demonstrating lawful residence in that location. Documentation may include residence permits, employment authorization documents, local identification, or other records requested by the consular post.
Looking Ahead
• Consular Processing May Become More Predictable but Less Flexible: The Department of State’s approach may create greater consistency by aligning applicants with locations connected to their nationality or residence. However, it may also reduce the flexibility that applicants previously used to avoid appointment backlogs or logistical challenges.
• Appointment Availability Could Become More Important: As more applicants are directed to process through their home country or residence location, demand at certain U.S. embassies and consulates may increase. Applicants and employers should incorporate potential appointment delays into long-term immigration planning.
• Additional Post-Specific Guidance May Develop:Individual U.S. embassies and consulates may issue additional instructions regarding required documentation, exception requests, and local procedures. Applicants should monitor the website of the specific post handling their immigrant visa case.
• Global Mobility Programs May Require Updates:Employers with international workforces may need to revise immigration and relocation policies to account for the reduced availability of third-country immigrant visa processing. Future immigration planning may require earlier coordination among employees, immigration counsel, and mobility teams.
The Department of State’s updated immigrant visa processing guidance represents a significant change in how applicants may complete consular processing for U.S. permanent residence. While the policy does not change eligibility requirements for immigrant visas, it may substantially affect the timing, location, and logistics of completing the final steps toward a green card. Employers and foreign nationals should evaluate immigrant visa strategies carefully, avoid relying on informal third-country processing assumptions, and plan consular processing with greater attention to residence, nationality, and potential appointment delays.
SOURCE: travel.state.gov/content/travel/en/News/visas-news/adjudicating-iv-applicants-in-their-country-of-residence.html
Department of Homeland Security Finalizes Rule Limiting Duration of Stay for Foreign Students, Exchange Visitors, and Journalists
The Department of Homeland Security (DHS) has finalized a rule that changes how certain foreign nationals are permitted to remain in the United States by replacing the long-standing “duration of status” framework with fixed periods of admission for certain visa categories. The rule affects F-1 international students, J-1 exchange visitors, and I-visa foreign journalists, creating defined time limits instead of allowing individuals to remain in the United States for the length of their approved program or employment. Under the new rule, student and exchange visitor stays will generally be limited to a maximum of four years, while journalist visas will be limited to shorter periods, including a 240-day maximum and a 90-day limit for Chinese nationals. DHS intends the changes to increase oversight and reduce long-term visa overstays but may create additional administrative burdens for students, universities, employers, and organizations that rely on international talent.
Key Points
• Duration of Status Framework Replaced: For decades, F-1 students and certain other nonimmigrants were admitted for the “duration of status,” meaning they could generally remain in the United States while maintaining compliance with their approved program requirements. The new rule replaces this open-ended framework with fixed admission periods requiring additional action when individuals need to remain beyond the initial period.
• Four-Year Maximum for Students and Exchange Visitors: The finalized rule establishes a maximum four-year period for most F-1 students and J-1 exchange visitors instead of allowing continued stay based solely on program completion. Individuals whose programs extend beyond the permitted period may need to request an extension from DHS rather than automatically remaining in the United States.
• Additional Restrictions for Students: The rule imposes additional requirements on international students, including limitations on changing educational objectives or transferring schools without authorization. The rule also reduces the post-completion grace period for students from 60 days to 30 days, creating a shorter timeframe for departure, further immigration action, or transition to employment-based status.
• Journalist Visa Periods Reduced: Foreign journalists holding I visas will face newly established time limits rather than remaining in the United States for the duration of their employment assignment. The rule limits journalist stays to 240 days, with a shorter 90-day limit for Chinese nationals.
• DHS Cites Oversight Concerns: DHS stated that the increase in international student, exchange visitor, and media-related admissions created challenges in monitoring and overseeing these populations. The agency cited concerns that some individuals remained in the United States for extended periods under existing duration-of-status rules.
What Employers Need to Know
• International Student Hiring Strategies May Require Adjustment: Employers that rely on F-1 students transitioning through Optional Practical Training (OPT), including STEM OPT, should closely monitor how the new fixed admission periods affect long-term work authorization planning. Additional extension requirements may create new timing considerations for students moving from academic programs into employment.
• STEM and Graduate Recruiting May Face Additional Complexity: Companies recruiting international graduate students, researchers, and technical talent may need to account for increased immigration administration during longer academic programs. Individuals pursuing Ph.D. programs or extended research activities may face additional uncertainty if their programs exceed the fixed admission period.
• Monitor Employee Immigration Timelines: Employers should track expiration dates more carefully because students and exchange visitors may no longer be able to rely solely on maintaining program status. Human resources and immigration teams should identify employees who may require extensions, changes of status, or employment-based sponsorship before their authorized stay expires.
• Update International Mobility Policies: Companies supporting foreign nationals should revise immigration guidance to reflect the possibility of earlier extension filings and additional government review. Employees should receive clear instructions regarding travel, status extensions, and maintaining documentation of compliance.
• Coordinate With Universities and Exchange Programs:Employers that recruit directly from U.S. universities or sponsor research and training programs should coordinate with institutional international offices. Earlier communication may help identify immigration issues before they affect employment eligibility or start dates.
Looking Ahead
• Extension Requests May Become More Common: As fixed admission periods replace duration of status, more students, researchers, and exchange visitors may need to request extensions from DHS during their stay. This could increase administrative demand for USCIS and create additional planning challenges for affected individuals and organizations.
• Universities May Experience Recruiting Challenges: Higher education institutions may need to consider how additional immigration requirements affect their ability to attract international students. Critics of the rule have expressed concerns that increased uncertainty could make the United States less competitive compared with other countries seeking global academic talent.
• Legal Challenges Are Possible: The rule may face challenges from universities, immigration advocates, and other stakeholders who question whether DHS has sufficient legal authority to impose additional restrictions on long-standing student and exchange visitor frameworks. Future litigation could affect implementation or interpretation of the new requirements.
• Employers May Need Earlier Immigration Planning: Businesses that depend on international graduates, researchers, and specialized talent may need to begin immigration planning earlier than in the past. The shift from automatic duration-based stays to fixed periods may increase the importance of timely transitions to employment-based immigration categories.
• Implementation Details Will Be Important: The practical impact of the rule will depend on how DHS implements extension requests, transition periods, and exceptions for individuals already in the United States. Additional agency guidance will likely be necessary to clarify how current students, exchange visitors, and employers should prepare.
The DHS rule represents a significant change in the administration of several major nonimmigrant visa categories by replacing a decades-old duration-of-status system with fixed admission periods. While DHS argues that the change will improve oversight and strengthen immigration compliance, the rule may create additional complexity for international students, universities, employers, and organizations that depend on foreign talent. Employers should closely monitor implementation guidance, reassess immigration timelines for international employees and recruits, and prepare for a process that may require earlier planning and more frequent interaction with immigration authorities.
SOURCE: news.bloomberglaw.com/daily-labor-report/foreign-students-time-in-us-restricted-under-finalized-dhs-rule?context=search&index=0 AND www.reuters.com/world/us-change-visa-regulations-foreign-students-journalists-2026-07-16/
U.S. Considers $100,000 Bond Requirement for Certain Green Card Applicants Applying Abroad
The U.S. government is considering a proposal that could require some individuals applying for green cards through U.S. consulates abroad to post a refundable bond of up to $100,000before receiving immigrant visas. The proposal, reportedly under development by the U.S. Department of State, is intended to ensure that new immigrants can financially support themselves and reduce concerns that immigrants with limited financial resources may become dependent on public benefits. The potential policy remains under review and has not been formally implemented, meaning current immigrant visa requirements remain unchanged.
Key Points
• Proposed Financial Bond Requirement: The administration is considering requiring certain immigrant visa applicants abroad to provide a financial bond that could reach $100,000 before receiving permanent resident status. The bond would reportedly be refundable after the immigrant satisfies certain conditions, potentially including obtaining U.S. citizenship after several years.
• Focus on Financial Self-Sufficiency: The proposal is designed around the concept that immigrants should have sufficient resources to support themselves after entering the United States. The policy reflects broader government efforts to strengthen public-charge-related screening and limit immigration by individuals perceived as having greater financial risk.
• Potential Consular Processing Impact: The reported bond requirement would primarily affect individuals applying for immigrant visas through U.S. embassies and consulates outside the United States. The policy could have a significant impact on family-based immigrants and others who complete the permanent residence process through consular channels.
• No Final Policy Yet: The proposal is still being developed, and government agencies have not announced final eligibility criteria, implementation dates, or the exact amount of any required bond. Until formal guidance is issued, applicants should continue following existing immigrant visa procedures.
What Employers Need to Know
• Employment-Based Applicants May Face Uncertainty:Employers sponsoring foreign nationals for permanent residence should monitor developments because changes to immigrant visa processing could affect employees and their dependents completing consular processing. Although the proposal appears focused on certain applicants abroad, the final scope and exemptions remain unknown.
• Green Card Planning May Require Additional Review:Companies with employees pursuing permanent residence through consular processing may need to evaluate whether future financial requirements could create additional barriers. Employers should remain prepared to adjust immigration strategies if new requirements affect employees waiting abroad for immigrant visa issuance.
• Monitor Family Member Impacts: Employment-based green card applicants often include spouses and children who may process immigrant visas separately or together with the principal applicant. Any new financial screening requirements could create additional considerations for dependent family members seeking permanent residence.
• Continue Tracking Official Guidance: Employers should avoid making decisions based solely on reports of a potential policy change because no final rule has been issued. Immigration teams should continue monitoring announcements from the Department of State and other agencies for confirmed requirements.
Looking Ahead
• Possible Expansion of Immigration Screening: If implemented, the bond requirement could represent a significant expansion of financial screening in the immigrant visa process. The policy would add another layer of review beyond existing requirements related to admissibility, sponsorship, and public charge considerations.
• Potential Legal and Practical Challenges: A $100,000 bond requirement could face significant questions regarding implementation authority, fairness, and its effect on access to lawful immigration pathways. Advocacy groups and immigration stakeholders have already raised concerns that such requirements could disproportionately affect applicants with fewer financial resources.
• Pilot Program Possibility: Reports indicate that the government may initially test the policy in a limited number of countries before broader implementation. A pilot approach would allow agencies to evaluate compliance rates, administrative challenges, and the practical impact on immigrant visa processing.
• Broader Shift Toward Stricter Immigration Requirements: The proposed bond requirement follows other recent immigration measures emphasizing financial self-sufficiency and additional screening for certain visa applicants. If adopted, it could signal continued movement toward more restrictive requirements for obtaining lawful permanent residence.
The reported consideration of a $100,000 bond requirement for certain green card applicants abroad represents a potentially significant change in the employment- and family-based immigration landscape. While the proposal has not been finalized and current procedures remain in place, employers, foreign nationals, and immigration professionals should closely monitor future developments because a new financial requirement could create additional costs, delays, and strategic considerations for individuals seeking permanent residence in the United States.
SOURCE:www.wsj.com/politics/policy/u-s-weighs-bond-of-100-000-for-some-green-card-applicants-abroad-a9cd68c8?mod=Searchresults&pos=1&page=1
