The enforcement operations are reportedly fueled by a data-sharing agreement between the TSA and ICE, which exposes passenger details as soon as they clear checkpoints.  There has been a sharp increase in immigration arrests at US airports with reports indicating ICE is targeting individuals who are legally in the country.

Federal lawmakers have introduced the No TSA Data for ICE Act to block coordination between the agencies making arrests at US airports with reports showing that ICE Enforcement is targeting people who are in the country legally. The TSA should play no part in the Trump/ICE terror campaign.  It’s dangerous and a violation of people’s privacy.

Current Law states that if you’re in lawful status and you have an extension pending – you are lawfully here. ICE has taken the opposite position that unless approved, you’re not lawfully here and  we can detain  you.

Remember, if you are a nonimmigrant in the USA and are 18 years of age or older, carry proof of your legal status and registration at all times.  This would include your core identification, an unexpired foreign passport, valid visa stamp from a US Consulate or Embassy, specific admission records, any unexpired I-797 status-related approval documents, your Form I-94 arrival/departure record, if a student your I-20 form issued by the school’s DSO, if a J-1 your DS-2019 document, and an unexpired EAD form (I-766) if applicable.

This final rule is effective August 3, 2026

The Department of State has identified nationals from roughly 50 designated high-overstay countries that will be subject to visa bonds:

• Algeria (January 21, 2026)
• Angola (January 21, 2026)
• Antigua and Barbuda (January 21, 2026)
• Bangladesh (January 21, 2026)
• Benin (January 21, 2026)
• Bhutan (January 1, 2026)
• Botswana (January 1, 2026)
• Burundi (January 21, 2026)
• Cabo Verde (January 21, 2026)
• Cambodia (April 2, 2026)
• Central African Republic (January 1, 2026)
• Cote D’Ivoire (January 21, 2026)
• Cuba (January 21, 2026)
• Djibouti (January 21, 2026)
• Dominica (January 21, 2026)
• Ethiopia (April 2, 2026)
• Fiji (January 21, 2026)
• Gabon (January 21, 2026)
• The Gambia (October 11, 2025)
• Georgia (April 2, 2026)
• Grenada (April 2, 2026)
• Guinea (January 1, 2026)
• Guinea-Bissau (January 1, 2026)
• Kyrgyz Republic (January 21, 2026)
• Lesotho (April 2, 2026)
• Malawi (August 20, 2025)
• Mauritania (October 23, 2025)
• Mauritius (April 2, 2026)
• Mongolia (April 2, 2026)
• Mozambique (April 2, 2026)
• Namibia (January 1, 2026)
• Nepal (January 21, 2026)
• Nicaragua (April 2, 2026)
• Nigeria (January 21, 2026)
• Papua New Guinea (April 2, 2026)
• Sao Tome and Principe (October 23, 2025)
• Senegal (January 21, 2026)
• Seychelles (April 2, 2026)
• Tajikistan (January 21, 2026)
• Tanzania (October 23, 2025)
• Togo (January 21, 2026)
• Tonga (January 21, 2026)
• Tunisia (April 2, 2026)
• Turkmenistan (January 1, 2026)
• Tuvalu (January 21, 2026)
• Uganda (January 21, 2026)
• Vanuatu (January 21, 2026)
• Venezuela (January 21, 2026)
• Zambia (August 20, 2025) 
• Zimbabwe (January 21, 2026)

An alien applying for a visa as a temporary visitor for business or pleasure (B-1/B-2) may be required to submit a bond (visa bond) to ensure that the alien maintains his or her nonimmigrant status and departs as required. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $20,000 as a condition of visa issuance, as determined by the consular officers.

Visa overstay rates are based on the B1/B2 overstay rates per the Department of Homeland Security’s Entry/Exit Overstay Report.

Any citizen or national traveling on a passport issued by one of these countries, who is found otherwise eligible for a B1/B2 visa, may be required to submit a bond to ensure that the alien maintains his or her nonimmigrant status and departs as required. Consular officers may require visa applicants to post a bond of up to $20,000 as a condition of visa issuance, as determined by the consular officers during the visa interview.

The applicant must also submit a Department of Homeland Security Form I-352.  Applicants must agree to the terms of the bond through the Department of the Treasury’s online payment platform Pay.gov.  This requirement applies regardless of place of application.

The deposit is fully refunded if the traveler adheres to their nonimmigrant status, departs the U.S. on time, or files a proper extension/change of status.

The money is forfeited if the visitor overstays their authorized time or applies for unauthorized humanitarian or asylum status while in the country.

Federal Notice:  https://public-inspection.federalregister.gov/2026-15726.pdf

E-Verify may have notified you via Case Alerts that one or more of your employees has an Employment Authorization Document (EAD) that has been revoked by DHS.  EADs that have been revoked will no longer appear in Case Alerts; instead, you should regularly generate the Status Change Report to identify E-Verify cases that may have been created with an EAD that is now revoked.  

To access the report, log in to your E-Verify account and click on the “Reports” tab at the top of the homepage to select the new Status Change Report.  E-Verify Employer Agents can create this report on behalf of their clients using the E-Verify browser. The chart below displays date ranges of when EADs were revoked by DHS with the corresponding date that the data in the Status Change Report was updated. 

If you have a current employee who appears on the Status Change Report, compare your employee’s EAD card number presented for Form I-9 to the revoked document number in the report. If the numbers match, you must reverify their employment authorization. E-Verify employers must use Form I-9, Supplement B, to immediately begin reverifying every current employee whose EAD the Status Change Report indicates was revoked or who voluntarily discloses that their EAD has been revoked. You must complete the reverifications within a reasonable amount of time.

If you have recently reverified an individual listed on the report, and the employee presented any List A or C document other than the revoked EAD that shows they continue to have employment authorization, then do not reverify the employee again until their employment authorization expires.

Please refer here for employer instructions and FAQs. https://www.e-verify.gov/ead-revocation-guidance-for-e-verify-employers

The word on this now is a resounding NO.  It’s no longer a workable plan if you have particularly filed a change of status case and depart the USA while it is pending which is viewed as abandoning your change of status request and automatically triggers the $100,000 required fee even though your H-1B petition might be entirely approvable.  

Overall, consular processing in today’s immigration environment carries significant risks because if the application is denied or placed into lengthy administrative processing, you can be trapped outside the US, separated from family, from your job, and limiting your access to legal representation.

The take-away message here is do not leave the USA while your change of status petition is pending with USCIS.

 More here on H-1B cap season:  https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season

USCIS STATES: “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.

From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances…The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

So, this means that for all pending and future I-485 cases, the government’s position is that applicants must undergo consular processing in their home countries.

At the present time, there is a backlog that exceeds 5.4 million cases.  This includes both family and employment-based cases. The actual wait times for an I-485 adjustment case ranges from 7-11 months for USCIS processing, though this depends upon the Final Action Dates published in the monthly DHS Visa Bulletin.  This surge in backlogs is due to an increase in case volume, shifts in USCIS staffing, budget issues, work allocation imbalances, heavier vetting and background checks – to name a few.

USCIS also intends to overhaul its security vetting procedures and has implemented comprehensive reviews and re-interviews for specific groups, such as those granted refugee or asylum status between 2021 – 2025.

We understand that this will cause unexpected uncertainty for those that have applications in the system and because of this, it is wise to consult with immigration counsel concerning the risks associated concerning your case.

For more info see below

https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary

Policy Memo:  https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf

DOS Visa Bulletin:  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

The FY 2027 lottery introduces a wage-weighted selection process that will replace the random lottery favoring higher paid skilled positions over a purely random draw. Instead of one entry per beneficiary, registration entries will be multiplied based on Department of Labor wage levels, as follows: Level IV wage gets four entries; Level III 3 entries, Level II 2 entries, and level 1 one entry. 

Employers will be required to carefully evaluate and modify their H-1B hiring standards to reflect this new weighted selection process that favors high-skilled, high salary employees over entry-level, recent college graduates and submit evidence to USCIS that supports the wage level when filing their Labor Condition Applications (LCAs) and USCIS petitions.

Here is how the process will work:

• The registration period will run from March 4 to March 19, 2026
• USCIS will prioritize higher-wage positions. A Level 4 highest wage receives 4 times the chance of selection compared to an entry level role (Level 1)
• Employers must submit a $10 registration fee and specific details, including the ONET job and OEWS wage level, and the job location. Employers will later be required to justify the wage as it relates to the offered position when filing their petitions.
• Selection Process: If demand exceeds 85,000, USCIS will use the weighted system. If the cap is not met, all valid registrations will be selected.

For more information, refer here: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

And here for the H-1B Electronic Registration Process: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process

On December 16, the Trump Administration issued a newly enlarged travel ban restricting the entry of nationals of 20 new countries (as well as the Palestinian Authority) and cutting back on exceptions included in the prior ban.  With this expansion, roughly 1 in 5 people seeking to immigrate to the USA legally are now barred from doing so and hundreds of thousands more seeking non-immigrant visas to visit or reside temporarily will now be unable to do so.

Because the travel ban restricts entry, it will not impact those who are currently present in the US.  Be advised, however, that in November, USCIS put in place a blanket pause on the approval of ALL immigration benefits for nationals subject to the earlier June travel ban.  This  suspension applies to all benefits, including visa petitions, green-card applications and citizenship oath ceremonies.

With the 20 new countries added to the travel ban, this means that hundreds of thousands of people who would otherwise qualify to obtain, maintain or change their status under current immigration laws and procedures — are now in limbo, as are their family members or employers who may seek to sponsor them.

This post originally appeared in Immigration Impact and we thank them for this information.

More detail: https://discuss.ilw.com/articles/articles/601826-article-president-trump-expands-his-travel-ban-what-you-need-to-know-by-aaron-reichlin-melnick-for-immigration-impact

By discouraging the best and brightest minds from around the world — individuals who have enriched American industry for decades, we have sent the message: You’re not welcome here. Go elsewhere.  

What hasn’t hit home and is dangerously shortsighted and will weaken our economy, putting our global leadership at risk, is that these highly skilled and educated are in demand worldwide.  They can go anywhere — and they will. 

A coalition of health care providers, religious groups, unions, higher education and educators filed a lawsuit last week to stop the H-1B fee, saying it would harm hospitals, churches, schools and industries that rely on the visa. The Department of Homeland Security declined to comment and referred a query to its website. The lawsuit was filed in the U.S. District Court Northern District of California. It argues that President Trump lacks the authority to impose such a fee, that it was implemented without required public comment, and that it is arbitrary and capricious.  

We will follow this topic carefully and keep you advised of any and all progress. 

More here:  https://thehill.com/homenews/administration/5538546-trump-administration-h1-b-visa-fee-lawsuit/

The Proclamation has the following features:

• Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025 and for H-1B visa holders seeking to reenter the US. This new policy is set to last a year, unless extended. The Proclamation does not apply to beneficiaries of petitions filed before the effective date, beneficiaries of approved petitions, or individuals holding validly issued H-1B visas.  See The White House Fact Sheet: https://www.whitehouse.gov/articles/2025/09/h-1b-faq/
• It authorizes the Department of Homeland Security and the Depart of State to coordinate to take all necessary and appropriate action to implement this Proclamation
• USCIS provides guidance available here: https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
• This Proclamation only applies to petitions that have not yet been filed
• US Customs and Border Protection (CBP) has posted a Memorandum of Guidance to all consular offices here: https://x.com/CBP/status/1969512486627095007 stating that this does not impact any visa holder from traveling to or from the USA.

There are key matters that we are still not certain of such as whether this will apply to petitions requesting an extension of status or a change of employer.  It should not because it is based on INA 212(f) that states the “entry of any aliens” or “any class of aliens”, should not apply to a change of status to H-1B in the US even if the clarification from the White House does not state this.  Further steps are to be taken by the Department of Labor to revise and increase the prevailing wage levels and to prioritize high-skilled, high-paid workers in the H-1B lottery or those at lower wage levels. Additional reforms are also under consideration and will be announced in the coming months.

There may be exceptions for an individual, a company or an entire industry if DHS determines that it is within the national interest of the USA and does not pose a threat to the security of the country.

It is recommended that H-1B workers refrain from all international travel until we are provided more clarification.  For H-1B cap case beneficiaries with approved petitions and a valid visa, they should enter the US as soon as possible.

We will continue to provide updates as received.

The Department of Homeland Security has posted a Federal Register notice on the termination of the 2021 designation of Venezuela for Temporary Protected Status. After reviewing country conditions and consulting with the appropriate inter-agency partners, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer meet the statutory requirements for TPS.

The 2021 TPS designation for Venezuela will terminate at 11:59 p.m. on Nov. 7, 2025, 60 days after publication of the Federal Register notice. If you are an alien who is currently a beneficiary of TPS for Venezuela under the 2021 designation, you should prepare to return to Venezuela if you have no other lawful basis for remaining in the United States. The United States government offers financial and travel assistance for eligible Venezuelan nationals who voluntarily return to their home country through the CBP Home mobile application  This initiative is intended to incentivize voluntary returns and reduce the number of involuntary deportations.   

Here is the USCIS Notice:

https://www.uscis.gov/newsroom/alerts/dhs-terminates-2021-designation-of-venezuela-for-temporary-protected-status