WR Immigration News Digest – WR Immigration

May 28, 2026 | Immigration Updates
For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here.
The U.S. Department of State has confirmed that the annual immigrant visa limit for the EB-2 India category has been reached for fiscal year 2026. As a result, the category is now unavailable and will remain closed through September 30, 2026, the end of the current federal government’s fiscal year.
This means that U.S. embassies and consulates can no longer issue immigrant visas in the EB-2 India category, and U.S. Citizenship and Immigration Services cannot approve adjustment of status applications requiring an EB-2 India visa number until the new fiscal year begins on October 1, 2026.
Although approvals are paused, USCIS is still expected to continue accepting adjustment of status filings for applicants whose priority dates remain current under the applicable Visa Bulletin charts, consistent with prior practice during visa number exhaustion periods.
The development follows earlier warnings from the State Department that increased demand across several employment-based categories could result in annual visa limits being reached before the close of the fiscal year. The EB-2 India category has historically experienced significant demand and lengthy backlogs, particularly for highly skilled workers seeking permanent residence.
Once the annual limits reset on October 1, immigrant visa numbers will again become available and USCIS may resume adjudicating pending EB-2 India adjustment applications.
Impact: The unavailability of EB-2 India visa numbers will delay green card approvals for many Indian nationals and may extend uncertainty for employers and employees awaiting permanent residence. While filings may still continue, applicants should expect approval delays until the next fiscal year begins.
The Department of Homeland Security (DHS) has automatically extended Temporary Protected Status (TPS) for Lebanon through November 27, 2026, allowing eligible Lebanese nationals (or if stateless, last habitually resided in Lebanon) currently enrolled in TPS to maintain status and work authorization for an additional six months. The extension took effect and was announced by DHS in the Federal Register after DHS failed to issue a determination on Lebanon’s designation before the statutory deadline.
According to DHS, rapidly evolving conditions in Lebanon and changes in agency leadership affected the government’s ability to complete a full review of country conditions in time for a formal decision. The extension preserves TPS protections while the Department continues evaluating whether further action is warranted.
The six-month automatic extension of TPS designation applies to current TPS beneficiaries who continue to meet eligibility requirements and also extends the validity of certain Employment Authorization Documents (EAD) from May 28, 2026, through November 27, 2026. Existing beneficiaries are not required to re-register for TPS to receive the extension. Individuals who want an updated EAD reflecting the new expiration date may still file Form I-765 with USCIS.
USCIS also confirmed that:
Impact: The automatic extension provides temporary stability for Lebanese TPS beneficiaries and employers relying on continued work authorization. Employers should review I-9 records carefully and ensure that documentation reflects the updated automatic extension period.  Guidance on completing Form I-9 based on TPS automatic extension may be found in the M-274 Handbook for Employers.
The Centers for Disease Control and Prevention (CDC) has expanded its temporary Ebola related entry restrictions to include lawful permanent residents who have recently traveled to the Democratic Republic of the Congo, Uganda, or South Sudan. The revised public health order follows concerns tied to the ongoing Ebola outbreak in parts of Africa and broadens the scope of restrictions first announced earlier this month.
Under the updated rule, individuals who have been physically present in any of the three designated countries within the previous 21 days may be barred from entering the United States, regardless of nationality or immigration status. The change removes lawful permanent residents from the list of exempt travelers that had been included under the earlier order.
The revised restrictions remain subject to several exceptions, including:
The interim final rule took effect on May 22, 2026 and is scheduled to remain in place through November 27, 2026 unless terminated earlier by federal health authorities. CDC has indicated it will continue reviewing outbreak conditions and may extend or modify the restrictions depending on public health developments.
The order was issued under federal public health authority allowing temporary suspension of entry when a communicable disease is determined to pose a serious risk to the United States.
Impact: The expanded restrictions create additional travel risks for lawful permanent residents and foreign nationals with recent travel to affected regions. Employers and travelers should carefully assess international travel plans, as reentry restrictions and heightened screening measures may disrupt mobility and business operations.
U.S. Citizenship and Immigration Services (USCIS) has announced a major policy shift that may require many nonimmigrants already in the United States to pursue lawful permanent residence through consular processing abroad rather than through adjustment of status with USCIS.
Historically, eligible foreign nationals in valid nonimmigrant status have often been permitted to apply for permanent residence from within the United States by filing Form I-485. Under the new approach, applicants in many employment-based and family-based categories may instead be required to depart the country and complete immigrant visa processing at a U.S. embassy or consulate overseas.
USCIS has indicated the change is intended to strengthen vetting procedures and restore what it describes as the traditional use of immigrant visa processing through the Department of State. Additional implementation guidance is expected, including clarification on which categories and applicants will be affected.
The shift could introduce several practical concerns for employers and applicants, including:
The change may also significantly affect workforce continuity for employers sponsoring foreign nationals for permanent residence, particularly where international travel or prolonged overseas processing creates employment interruptions.
Impact: This policy shift could substantially change green card strategy for employers and foreign nationals already in the United States. Companies may need to reassess long-term sponsorship planning, while affected individuals should carefully evaluate travel, timing, and reentry risks before pursuing permanent residence processing abroad.
The Department of Homeland Security has issued new guidance directing U.S. Immigration and Customs Enforcement to increase enforcement efforts related to alleged asylum fraud. The directive focuses on the use of existing federal laws addressing document fraud and expands ICE attorneys’ authority to pursue enforcement actions connected to fraudulent filings in immigration court.
According to DHS, the initiative is intended to strengthen oversight of asylum claims and deter the submission of applications containing false statements or fabricated supporting information. The agency specifically referenced concerns that some asylum applicants may be coached to misrepresent facts during immigration proceedings.
Under the new directive, ICE attorneys are expected to coordinate more closely on fraud related investigations and may pursue penalties under federal immigration laws governing document fraud and misrepresentation. DHS also indicated that enforcement efforts could extend to attorneys or representatives accused of knowingly filing false asylum claims.
The policy follows broader administration efforts focused on immigration enforcement and adjudication integrity. While asylum protections remain available under U.S. law, the government has emphasized increased scrutiny of supporting documentation, credibility assessments, and procedural compliance in asylum related proceedings.
Employers and foreign nationals should be aware that enhanced fraud enforcement may also result in:
Impact: The directive signals a more aggressive enforcement posture toward perceived asylum fraud and could lead to heightened scrutiny across immigration filings more broadly. Foreign nationals and practitioners should ensure that applications are thoroughly documented, accurate, and consistent to minimize compliance and enforcement risks.

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U.S. Citizenship and Immigration Services (USCIS) announced the results of the fiscal year (FY) 2024 H-1B initial registration period and expressed concerns about fraud.  During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. For…

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WR Immigration News Digest

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. FY 2027 H-1B Cap Registration Begins USCIS has announced the opening of the FY 2027 H-1B cap initial registration period, which will run from noon…

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