U.S. Immigration Alerts

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

Federal Funding Secured For Many Agencies: DHS Faces Short-Term Extension Only Until February 13, 2026

Congress has approved a federal government funding package for Fiscal Year 2026 that keeps most agencies operating through September 30, 2026, while leaving the Department of Homeland Security (DHS) funded only on a temporary basis. DHS has received a two-week stopgap funding measure through February 13 as lawmakers continue negotiations focused on Immigration and Customs Enforcement (ICE) accountability and enforcement policies. Despite a brief partial government shutdown after the previous measure expired on January 31, immigration benefits processing continued without disruption, and President Trump has stated he will sign the approved legislation.

Key Points

• Short-Term DHS Funding: DHS is funded only through February 13 under a two-week continuing resolution. Longer-term funding depends on ongoing negotiations related to ICE enforcement limits and accountability measures.
• Impasse Continues Between the Parties: Republican and Democratic leaders remain at an impasse over immigration and Homeland Security funding, with Democrats demanding significant reforms to Immigration and Customs Enforcement (such as body cameras and limits on warrantless actions) and threatening to withhold support unless those changes are adopted, while many Republicans resist those conditions and prioritize broader enforcement measures.

• Short-Term DHS Uncertainty: While DHS remains operational through February 13, future funding is still under negotiation. Employers should be aware of potential uncertainty if an agreement is not reached.

Looking Ahead

• Negotiations on DHS Funding: Congress must reach an agreement to extend DHS funding beyond February 13. Failure to do so could result in another partial shutdown affecting homeland security operations.
• Potential Impact on Enforcement Priorities: Funding negotiations may influence how ICE enforcement is structured or overseen. This could have downstream effects on employer compliance and worksite enforcement activity.
• Continued Stability for Benefits Processing: Based on recent experience, immigration benefits processing may continue even during funding gaps. However, prolonged uncertainty could eventually strain agency operations.

Conclusion

In summary, Congress has secured FY 2026 funding for most federal agencies, while DHS remains subject to short-term extensions tied to enforcement negotiations. Although a brief partial shutdown occurred, immigration processing remained stable, providing reassurance to employers and applicants alike. The coming weeks will be critical in determining whether DHS receives longer-term funding and whether related policy debates lead to operational or enforcement changes.

SOURCE: www.cnbc.com/2026/02/03/house-republicans-reopen-us-government-shutdown.html?msockid=2f2264d3edc367d502767021ec696672

FY 2027 H-1B Cap Initial Registration Period Opens March 4, 2026

U.S. Citizenship and Immigration Services (USCIS) has announced the opening dates and key rules for the fiscal year (FY) 2027 H-1B cap registration process. The initial electronic registration period will open at noon Eastern on March 4 and close at noon Eastern on March 19, 2026, with selections expected by March 31, 2026. This cap season introduces a new weighted selection system prioritizing higher-skilled and higher-paid workers, alongside potential new financial requirements stemming from a recent presidential proclamation.

Key Points

• Registration Period and Requirements: The FY 2027 H-1B cap registration period runs from March 4 to March 19, 2026. Employers and representatives must register each beneficiary through a USCIS online account and pay a $215 registration fee per beneficiary.
• USCIS Online Accounts Mandatory: Employers without a USCIS online account must create an organizational account to participate. While representatives may add employer clients at any time, beneficiary information and fees cannot be submitted until March 4.
• Selection and Notification Timeline: USCIS will conduct selections after the registration period closes. Selection notifications are expected to be issued by March 31, 2026, through USCIS online accounts.
• Eligibility to File Petitions: Only employers with selected registrations may file H-1B cap-subject petitions. This includes petitions filed under the advanced degree exemption.
• Information Updates Forthcoming: USCIS will update its H-1B Electronic Registration Process guidance before the registration period opens. Employers and representatives are encouraged to review updates closely.

What  Employers Need to Know

• Early Preparation Is Critical: Employers should ensure their USCIS organizational accounts are active and accurate before March 4. Delays in account setup could prevent timely registration.
• Higher Scrutiny on Role and Compensation: The new weighted selection process prioritizes higher-skilled and higher-paid workers. Employers should be prepared to justify job level, duties, and wage offers.
• Potential Additional Costs: A recent presidential proclamation may require certain selected petitioners to pay an additional $100,000 fee before filing an H-1B petition. Employers should factor this possibility into budgeting and planning.

Looking Ahead

• Shift Toward Merit-Based Selection: The weighted selection system represents a significant policy shift toward favoring higher-value roles. This may reduce selection chances for lower-paid or entry-level positions.
• Evolving Compliance Landscape: Ongoing regulatory and policy changes suggest increased scrutiny of H-1B usage. Employers may need to reassess workforce planning strategies that rely heavily on the H-1B program.
• Potential for Further Reform: The September 2025 presidential proclamation signals broader intent to reform the H-1B program. Additional regulatory or legislative changes may follow in future cap seasons.

Conclusion

In conclusion, the FY 2027 H-1B cap season introduces both procedural deadlines and substantive policy changes that employers must carefully navigate. While the electronic registration process remains familiar, the new weighted selection system and potential additional fees significantly raise the stakes for strategic planning. Early preparation, careful role assessment, and realistic expectations will be essential for employers seeking H-1B sponsorship in the coming year.

SOURCE: www.uscis.gov/newsroom/alerts/fy-2027-h-1b-cap-initial-registration-period-opens-on-march-4