H-1B Cap Reached for Fiscal Year 2026 and Potential Process Changes Ahead

U.S. Citizenship and Immigration Services (USCIS) announced it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2026. Also, a new proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” is currently pending with the White House Office of Management and Budget’s Office of Information and Regulatory Affairs. While the exact content is unclear, it is expected to have a significant impact on how H-1B cap-subject numbers are allocated.

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F-1, M-1, J-1 Visa Interviews Resume With Enhanced Screening of Applicants’ Online Activity

The new screening measures direct U.S. consular officers to thoroughly review visa applicants’ social media accounts and overall online presence. The directive encourages applicants to set their social media profiles to “public,” as private accounts may be perceived as an attempt to conceal information. Due to the increased screening workload, the number of available visa appointment slots is expected to decline, resulting in longer appointment wait times and visa processing times.

To view the full alert, visit the Faegre Drinker website.

Extreme Vetting at U.S. Embassies and Consulates

Executive Order “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats” directs federal agencies, including the U.S. Department of State, to re-establish enhanced vetting and screening processes for foreign nationals seeking a visa or immigration benefit of any kind. Agencies are to vet and screen visa applicants to the maximum degree possible, particularly foreign nationals applying and arriving from nations with identified security risks. It is expected that additional vetting and screening requirements will only add to increased wait times for visa clearances at U.S. embassies and consulates. The order further directs the administration to begin the process of restoring a potential travel ban within 60 days.

To view the full alert, visit the Faegre Drinker website.

Immigration Update: U.S. Immigration Options for Ukrainian Nationals

In addition to the 3.2 million Ukrainians who have fled Ukraine, the United Nations reports that there are more than 6.5 million Ukrainians internally displaced within the country. The United States’ policies and practices with respect to inbound immigration options continue to evolve as the situation in Ukraine changes. Current inbound-U.S. immigration options include:

Options for Ukrainians Present in the United States

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