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

January 12, 2026

Department of Labor Processing Times for January 2026

The Department of Labor (DOL) has updated its processing times for prevailing wage determinations (PWD) and PERM applications for January 2026.

As of January 5, 2026:

DOL has been processing H-1B prevailing wage determinations (PWDs) filed in August 2025 (OEWS), June 2025 (non-OEWS), or earlier.
DOL has been processing PWDs for PERMs filed August 2025 (OEWS), June 2025 (non-OEWS), or earlier.
DOL has been processing H-1B redeterminations filed in August 2025 or earlier.
DOL has been processing PERM redeterminations filed in September 2025 or earlier.
DOL has not provided processing times for H-1B Center Director Reviews.
DOL has been processing PERM Center Director reviews requested in October 2025 or earlier.

PERM priority dates and average number of days to process applications:

PERM Processing Times

Average Number of Days to Process PERM Applications

SOURCE: US Department of Labor: flag.dol.gov/processingtimes

USCIS Ends Automatic Social Security Number Option for EAD Applicants

Starting in 2026, U.S. Citizenship and Immigration Services (USCIS) no longer allows applicants for an Employment Authorization Document (EAD) to request a Social Security Number (SSN) or replacement card directly through Form I-765. Previously, EAD applicants could check a box to have USCIS coordinate with the Social Security Administration (SSA) so that an SSN card would be mailed automatically after EAD approval. With the recent form update, this option has been removed, meaning anyone needing a new or replacement SSN must now apply directly with the SSA, which typically requires an in-person visit to a local office. Applicants and employers should adjust processes to accommodate this change and allow extra time for SSN issuance.

Key Points

Form Update: The current edition of Form I-765 no longer provides an option to request a Social Security Number or replacement card when applying for an EAD. Applicants must now handle SSN requests separately through the SSA.
End of Automatic Issuance: USCIS previously transmitted eligible SSN requests to the SSA for mailing after EAD approval. This process has been discontinued, requiring applicants to take direct action.
Direct SSA Application: Foreign nationals who need a new SSN or replacement must visit a local SSA office in person to submit documentation and complete the application.
Impact on Applicants: Individuals who relied on automatic SSN issuance should plan ahead, as this change may delay access to payroll, banking, or other services that require an SSN.
Timing Considerations: Employers and HR teams should account for potential delays in obtaining SSNs when onboarding new EAD holders to ensure compliance with employment and tax verification requirements.

What US Employers Need to Know

Form Update: The current edition of Form I-765 no longer provides an option to request a Social Security Number or replacement card when applying for an EAD. Applicants must now handle SSN requests separately through the SSA.
End of Automatic Issuance: USCIS previously transmitted eligible SSN requests to the SSA for mailing after EAD approval. This process has been discontinued, requiring applicants to take direct action.
Direct SSA Application: Foreign nationals who need a new SSN or replacement must visit a local SSA office in person to submit documentation and complete the application.
Impact on Applicants: Individuals who relied on automatic SSN issuance should plan ahead, as this change may delay access to payroll, banking, or other services that require an SSN.
Timing Considerations: Employers and HR teams should account for potential delays in obtaining SSNs when onboarding new EAD holders to ensure compliance with employment and tax verification requirements.

Looking Ahead

Potential SSA Updates: SSA may revise procedures in the future, but for now, in-person applications are required.
Form Revisions: Future USCIS forms will continue reflecting this removal, signaling a shift away from automatic SSN issuance through immigration filings.
HR System Adjustments: Companies should adapt onboarding and payroll processes to account for separate SSN issuance timelines.
Employee Education: Clear communication and guidance will help foreign workers navigate the new SSN process efficiently.
Monitoring Changes: Employers should watch for any SSA or USCIS updates that might restore alternative SSN application methods or streamline the process.

The removal of the SSN request option from Form I-765 marks the end of the automatic process that allowed EAD applicants to receive Social Security cards by mail. Individuals now must apply directly with the SSA, usually in person, and employers should adjust onboarding and payroll timelines accordingly to avoid delays in employment verification and access to financial services.

SOURCE: oversightdemocrats.house.gov/news/press-releases/ranking-member-connolly-urges-trump-administration-lift-costly-illegal-pause#:~:text=April%2017%2C%202025-,Ranking

U.S. Expands Visa Bond Pilot Program to 38 Countries

The U.S. Department of State has expanded its visa bond pilot program, now requiring certain visitors from 38 countries to post a refundable bond when applying for B-1/B-2 business or tourist visas. Previously limited to a smaller group of countries, the program is designed to encourage compliance with visa rules, including leaving the U.S. on time. Applicants may be asked to pay $5,000, $10,000, or $15,000 depending on individual circumstances, and the bond is returned if visa conditions are met or the application is denied. Most of the newly added countries fall in Africa, Asia, Latin America, the Caribbean, and the Pacific, with the expansion effective January 21, 2026. Posting a bond does not guarantee visa approval, but it is a prerequisite for applicants from participating countries.

Key Points

Scope of the Program: The pilot program now includes 38 countries, up from just a few initially, reflecting a broader effort to ensure temporary visa compliance. Applicants from these countries may face new financial and procedural requirements.
Bond Requirement: Visa applicants must demonstrate eligibility for a B-1/B-2 visa before being asked to post a bond. Amounts range from $5,000 to $15,000, and payment must be submitted through the U.S. Treasury’s official platform prior to visa issuance.
Refund Conditions: The bond is refundable if the applicant complies with the visa terms, such as departing the U.S. on time, or if the visa is denied. Failure to comply may result in forfeiture of the bond.
Geographic Coverage: Countries affected include African, Asian, Caribbean, and Pacific nations, with many new additions included in this 2026 expansion.
Visa Approval Remains Discretionary: Paying the bond satisfies a program requirement but does not guarantee a visa; consular officers retain full discretion to approve or deny applications.

What US Employers Need to Know

Travel Planning: Employers sending staff from affected countries should allow for additional processing steps and possible delays due to the bond requirement.
Financial Considerations: The bond represents an extra cost for travelers and should be planned for in advance when budgeting for temporary assignments.
Refund Process: Refunds occur only if visa conditions are met or denied, and timing can vary, so employers should anticipate potential cash flow impacts for employees.
Interview Implications: The consular officer decides whether a bond is required at the visa interview, so employees should be prepared for this discussion.
Monitoring Policy Updates: The pilot program runs through August 2026, and changes or expansions could occur; employers should track updates to avoid surprises.

Looking Ahead

Potential Expansion: Depending on outcomes, the State Department may extend the pilot or make it permanent, and may include additional visa categories.
Impact on Travel Patterns: The bond requirement could affect short-term business and tourism travel from participating countries.
Administrative Adjustments: Consular services may refine procedures for determining bond amounts or eligibility to reduce administrative burden.
Overstay Mitigation: The program aims to reduce visa overstays, which could influence future visa policy and enforcement strategies.
Stakeholder Feedback: Travel, business, and human rights groups may advocate for modifications or exceptions if the bond proves overly restrictive.

The visa bond pilot program now affects 38 countries, requiring certain B-1/B-2 applicants to post refundable bonds as a condition of visa issuance. While not a guarantee of entry, the bond encourages compliance with U.S. visa rules. Employers and travelers should plan for added cost, scheduling adjustments, and evolving policies when preparing for travel from affected countries.

SOURCE: S.R. Kelleher, Forbes, January 7, 2026: www.forbes.com/sites/suzannerowankelleher/2026/01/07/trump-visa-bond-38-countries/; a list of the countries can be found at www.msn.com/en-us/news/us/map-shows-38-countries-forced-to-pay-up-to-15000-us-visa-bonds/ar-AA1TKnjv?ocid=BingNewsSerp

USCIS Expands Hold and Review Policy for Immigration Benefits from High-Risk Countries

On January 1, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum (PM-602-0194) expanding an existing directive to pause and re-review immigration benefit applications for individuals from designated “high-risk” countries. Under this policy, USCIS may place adjudicative holds on pending benefit requests and conduct comprehensive re-evaluations of previously approved benefits for affected individuals, based on updated country lists referenced in Presidential Proclamation 10998. The expansion builds on a December 2025 memorandum that initially paused certain benefit applications from 19 countries and now applies similar measures to additional countries added under expanded travel-restriction authorities. USCIS is expected to issue further operational guidance and may require additional interviews or security vetting as part of this process.

Key Points

Expansion of adjudication holds: USCIS now directs adjudicators to pause final decisions on a wider range of benefit applications filed by individuals from countries designated as high risk under Presidential Proclamation 10998. This expands earlier guidance that applied to a smaller group of countries.
Pending benefits placed on hold: Applications such as employment authorization, adjustment of status, change of status, and other immigration benefits may be held if the applicant’s country of birth or citizenship appears on the expanded list. These cases may remain pending for extended periods while additional reviews are conducted.
Re-review of approved benefits: USCIS may re-examine previously approved benefit applications for affected individuals who entered the United States on or after January 20, 2021. This process may involve renewed security checks or additional interviews.
Asylum processing impact: Earlier guidance associated with this policy paused the adjudication of affirmative asylum applications, signaling a broader shift in USCIS adjudication priorities.
Implementation still evolving: USCIS has indicated that additional internal guidance will be issued to define procedures and prioritization, meaning adjudication practices may continue to change.

What US Employers Need to Know

Longer processing timelines: Employers sponsoring foreign nationals from affected countries should expect delays in immigration benefit adjudications, including work authorization and permanent residence. These delays may impact onboarding and assignment timelines.
Expanded country coverage: More nationalities may now be subject to adjudication holds, increasing the likelihood that current employees or candidates could be affected. Employers should review workforce demographics accordingly.
Possible re-review of approvals: Previously approved benefits, including employment authorization documents, may be re-examined, creating uncertainty even for employees already working lawfully in the United States.
Work authorization planning: Employers should proactively plan for contingencies where employment authorization extensions or approvals may be delayed. Communication with affected employees and immigration counsel is critical.
Ongoing monitoring required: Because USCIS implementation details are still developing, employers should monitor updates closely to understand how the policy applies to specific case types.

Looking Ahead

Extended adjudication backlogs: Expanded holds and re-reviews may contribute to longer overall USCIS processing times and increased case backlogs.
Potential policy refinement: USCIS may clarify or adjust the scope of the policy as operational guidance is released and implementation challenges arise.
Increased compliance scrutiny: Heightened vetting may lead to more frequent requests for evidence or interviews in affected cases.
Legal and policy challenges: The breadth of the policy could prompt legal challenges or advocacy efforts seeking limits or clearer standards.
Broader immigration impacts: This policy may influence future immigration vetting frameworks and coordination between USCIS and other federal agencies.

USCIS has expanded its “hold and review” policy to apply to immigration benefit applications involving nationals of additional high-risk countries, allowing adjudications to be paused and previously approved benefits to be re-evaluated. The policy is tied to expanded presidential travel-restriction authorities and is intended to increase security vetting, but it may result in significant delays and uncertainty for applicants and employers. Organizations and individuals affected by this change should plan for longer timelines and closely monitor further USCIS guidance as implementation continues.

SOURCE: AILA Doc. No. 26010531: www.aila.org/library/uscis-pm-expands-hold-and-review-of-benefit-applications-for-people-from-high-risk-countries?utm_campaign=34080799-Hubspot-AILA8-1-5-26&utm_medium=email&_hsenc=p2ANqtz-_GV_-haVv4QszQSejuy6J8ja0F0wP5ioEzXGQY33JZsMgVRdJhjgavIttS4Ljks24mJtv5Qj_YGBIJidLK1ggF5n9vRQ&_hsmi=397033974&utm_content=397033974&utm_source=hs_email

USCIS Updated Immigration Filing Fees Take Effect January 1, 2026

As of January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) has implemented new filing fees for a range of immigration forms. The changes required under federal law, adjust fees for inflation and apply to forms submitted on or after this date. Applicants must pay the current fee amount for their form; filings with outdated or incorrect fees may be rejected without review. The updated fee schedule affects forms such as employment authorization documents (EADs), travel documents, temporary protected status (TPS), and asylum-related forms.

Key Points

Reason for Updates: Fees have been adjusted to account for inflation between mid-2024 and mid-2025, as required by law. These changes ensure that USCIS can continue funding immigration services and processing efficiently.
Forms Affected: Forms impacted include I-765 (EAD applications), I-131 (travel and parole documents), I-821 (TPS), and asylum-related filings, among others. Not all forms have fee increases—some remain the same.
Examples of Increases: Typical fee increases are modest, such as a small rise in EAD application costs for certain categories. Applicants should confirm the exact fee for their specific filing before submission.
Importance of Accuracy: USCIS will reject any form submitted with an outdated or incorrect fee, so careful verification is essential to avoid delays.
Ongoing Adjustments: Fees are expected to continue adjusting annually based on inflation, making it important for applicants and employers to check the fee schedule each year.

What US Employers Need to Know

Budgeting for Immigration Costs: Employers sponsoring employees for EADs, TPS, or other benefits should update internal budgets to reflect the new fees.
Avoiding Filing Errors: Using outdated fees can result in automatic rejection of petitions, which may delay onboarding or work authorization.
Form-Specific Impacts: Increased fees mostly affect employment and travel-related filings, so HR and legal teams should review each planned filing carefully.
Planning Around Year-End Filings: Employers should account for these changes when preparing late-2025 filings that could be processed after the new fees take effect.
Monitoring Future Updates: USCIS is required to adjust fees annually for inflation, so staying up to date with fee changes is necessary for ongoing immigration management.

Looking Ahead

Annual Updates: USCIS will continue to adjust certain fees each fiscal year to reflect inflation, so future filings may see incremental increases.
Policy Clarifications: Additional guidance may be issued regarding which forms are affected and how fees are calculated.
Impact on Filing Strategies: Employers and applicants should review filing plans and budgets to accommodate small increases and avoid rejected applications.
Fee Waiver Considerations: Some applicants may remain eligible for fee waivers, but these should be verified for each updated fee category.
Integrated Planning: Organizations should incorporate fee updates into broader immigration compliance and workforce planning processes to minimize disruptions.

Individuals and employers must ensure they pay the correct fee amount to avoid rejections, and should incorporate these changes into immigration planning, budgeting, and compliance procedures.

SOURCE: USCIS Newsroom: www.uscis.gov/newsroom/alerts/uscis-announces-fy-2026-inflation-increase-for-certain-immigration-related-fees

Federal Court Rules USCIS Must Reconsider Some H-1B Revocations Over Multiple Petitions

A federal judge in Arizona ruled that USCIS failed to properly assess whether related employers had legitimate business reasons to file multiple H-1B petitions for the same worker. While a single employer cannot file multiple petitions for one beneficiary, related entities like subsidiaries may do so if each petition reflects a distinct job and business need. In cases involving Indian nationals, the judge found USCIS ignored or inadequately considered evidence of legitimate needs and ordered reconsideration for some petitions, while siding with the government for others. The decision comes amid broader H-1B program disputes, including a contested new fee structure.

Key Points

Legal Context of Multiple H-1B Filings: U.S. immigration law generally prohibits an employer from filing more than one H-1B petition for the same beneficiary in the same fiscal year, unless each petition is justified by a distinct, legitimate business need. Related entities such as subsidiaries or affiliates can file separate petitions if the positions and needs are genuinely different and supported by evidence.
Judge’s Finding on USCIS Review: The federal judge found that in at least three plaintiffs’ cases, USCIS did not properly consider or explain how it evaluated evidence showing legitimate business needs after employers submitted such documentation. As a result, those petition revocations were deemed arbitrary and capricious under the Administrative Procedure Act (APA) and must be reconsidered.
Distinction for Other Plaintiffs: For the remaining six plaintiffs, the court held that employers failed to provide sufficient evidence of legitimate business reasons for multiple filings, or their claims were moot because they had already received new H-1B approvals. In those cases, the judge sided with the Department of Homeland Security (DHS).
USCIS Position on Collusion Claims: USCIS had initially accused employers of colluding with other companies to unfairly boost lottery selection odds by filing multiple petitions per beneficiary. The judge emphasized that allegations of collusion alone do not relieve USCIS of its duty to meaningfully consider evidence of legitimate business needs when evaluating such filings.
Regulatory Background: Under current regulation (8 C.F.R. § 214.2(h)(2)(i)(G)), USCIS can issue Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), or Notices of Intent to Revoke (NOIRs) when petitions appear duplicative. Without valid justification tied to business needs, related petitions for the same worker may be denied or revoked.

What US Employers Need to Know

Understand Multiple Petition Rules: Employers and their legal counsel must be aware that multiple H-1B petitions for the same beneficiary can trigger scrutiny by USCIS; filings by related entities must clearly demonstrate distinct business needs tied to separate roles or operational justification.
Documentation Is Critical: When submitting multiple petitions, employers should include comprehensive evidence explaining the substantive differences between positions and why each filing is necessary for the entity’s business. Failure to do so could result in denial or revocation.
USCIS Must Consider Evidence: This ruling reinforces that USCIS is obligated under the APA to address and explain how it considered evidence of legitimate business needs rather than dismiss it without reasoned analysis.
Reconsideration Orders Affect Pending Cases: Employers with cases similar to the plaintiffs’ may have grounds to request case reviews or administrative reconsideration if USCIS previously overlooked submitted evidence supporting legitimate business needs.
Stay Informed on H-1B Policy Changes: The H-1B program and its administration continue to evolve, including controversial fee proposals and regulatory changes; employers should monitor litigation and USCIS guidance to align compliance strategies.

Looking Ahead

Potential Impact on Agency Practice: This decision may prompt USCIS to improve how it documents and explains determinations regarding the legitimacy of multiple petitions filed by related entities, especially in H-1B adjudications.
Increased Legal Challenges: Other employers or beneficiaries whose petitions were revoked on similar grounds may pursue additional litigation or administrative challenges if they believe USCIS failed to properly weigh business need evidence.
Clarification of “Legitimate Business Need”: Future cases could further define what constitutes a sufficient business justification for related employers to file multiple petitions for the same worker, guiding both agencies and petitioners.
USCIS Policy Adjustments: USCIS might refine internal policy guidance on multiple filings to reduce arbitrary determinations and ensure consistent treatment across adjudications.
Broader Immigration Litigation Trends: This decision fits within a broader landscape of H-1B program litigation, especially around recent fee increases and regulatory changes that are also being legally challenged.

In conclusion, a federal judge ruled that USCIS must revisit certain H-1B petition revocations because it failed to meaningfully evaluate evidence of legitimate business need when employers filed multiple petitions for the same beneficiary. The decision clarifies that while related employers can submit multiple H-1B petitions in limited circumstances, USCIS must assess and explain its reasoning under the APA. Employers should take note of this ruling and ensure strong documentation and legal support when submitting complex H-1B filings.

SOURCE: G. Setty. “Judge Orders H-1B Reviews Over Legitimate Business Need,” Law360, January 6, 2026.

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