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• Federal Agencies Outline Immigration Rulemaking Priorities for 2026
• Immigrant Advocacy Groups Challenge TPS and Work Authorization Restrictions
• DHS Proposes Rule to Formalize EB-5 Regional Center Reforms
• Slovakia Introduces Broad Immigration Reforms for Foreign Workers

Federal Agencies Outline Immigration Rulemaking Priorities for 2026

The Departments of Homeland Security, Labor, and State have released their 2026 regulatory agendas, providing an early look at immigration related rules expected over the coming months. While publication dates remain tentative, the agendas signal several significant proposals that could affect employers, foreign nationals, and educational institutions.

DHS plans to finalize several high profile regulations, including the replacement of Duration of Status with fixed admission periods for F, J, and I nonimmigrants, expanded biometric collection, changes to public charge policy, revisions to Employment Authorization Document rules, and new Electronic System for Travel Authorization requirements for Visa Waiver Program travelers entering through land borders.

The Department of Labor is expected to focus on employment based immigration, with priorities including:

• A proposed modernization of the PERM labor market test to reflect current recruiting practices
• Final action on proposed prevailing wage increases affecting H-1B, H -1B1, E-3, and PERM programs
• Updates to H-2A and H-2B wage and compliance regulations

The Department of State also outlined several initiatives, including plans to make the B-1 and B-2 visa bond program permanent and proposed changes to J-1 exchange visitor regulations.

Although regulatory agendas are not binding, they provide insight into each agency’s priorities and often serve as an early indicator of upcoming policy changes. Many of the listed proposals will still undergo notice and comment rulemaking before becoming effective.

Impact: The 2026 regulatory agenda signals continued changes across employment based immigration, student visas, humanitarian programs, and consular processing. Employers should monitor these proposals closely, as several could significantly affect workforce planning, compliance obligations, and immigration sponsorship strategies over the coming year.

Immigrant Advocacy Groups Challenge TPS and Work Authorization Restrictions

A coalition of immigrant advocacy organizations has asked a federal court in Massachusetts to temporarily block several Trump administration policies that they argue unlawfully restrict work authorization for Temporary Protected Status beneficiaries and asylum seekers.

The lawsuit challenges multiple USCIS policies that the plaintiffs claim create new barriers to maintaining employment authorization, including changes affecting TPS renewals and asylum related work permits. According to the complaint, the policies could cause thousands of individuals to lose their ability to work while applications remain pending, creating significant hardship for workers and employers alike.

The plaintiffs argue that the challenged policies conflict with existing immigration law and administrative procedures. They are seeking a preliminary injunction that would pause enforcement while the litigation moves forward.

The legal challenge comes amid broader changes affecting humanitarian immigration programs and follows recent updates to TPS designations and employment authorization guidance. The outcome of the case could determine whether affected individuals may continue working while awaiting USCIS decisions on renewal or related applications. The federal court has not yet ruled on the request for emergency relief, and the challenged policies remain in effect while the case proceeds.

Impact: The lawsuit could have significant implications for employers with workers relying on TPS or asylum-based employment authorization. Until the court issues a decision, employers should continue following current USCIS guidance while monitoring the litigation for potential changes affecting work authorization and I-9 compliance.

DHS Proposes Rule to Formalize EB-5 Regional Center Reforms

The Department of Homeland Security has proposed a new rule to implement and codify key provisions of the EB-5 Reform and Integrity Act of 2022, the law that reauthorized the EB-5 Regional Center Program through September 30, 2027. The proposed regulation is intended to strengthen program oversight while providing greater clarity on investment requirements, regional center compliance, and investor protections.

Many of the proposed provisions reflect policies already in effect since the 2022 legislation, but the rule would formally incorporate them into federal regulations. Among the most notable proposals are updated definitions for key EB-5 terms, expanded audit and recordkeeping requirements for Regional Centers, enhanced sanctions for noncompliance, and new guidance on priority date retention when projects are terminated or undergo material changes.

The proposal also includes:

• Codification of current minimum investment thresholds established under the 2022 law
• Clarification of what qualifies as eligible capital and when an investment is considered to be at risk
• Formal guidance on Regional Center audits and document retention requirements
• Potential biometrics collection earlier in the EB-5 petition process
• Recognition that digital assets may qualify as a lawful source of investment funds, while requesting public input on future evidentiary standards

DHS is accepting public comments for 60 days following publication of the proposed rule before considering a final regulation.

Impact: The proposed rule would largely formalize changes already introduced by the EB-5 Reform and Integrity Act while providing greater certainty around program administration and investor eligibility. Regional Centers, investors, and employers involved in EB-5 projects should review the proposal carefully, as future regulations may affect investment documentation, compliance obligations, and long-term planning.

Slovakia Introduces Broad Immigration Reforms for Foreign Workers

Slovakia will implement a series of immigration reforms beginning July 15, 2026, aimed at modernizing visa processing, strengthening compliance, and providing greater flexibility for foreign workers. Several of the changes are part of the country’s implementation of the revised European Union Single Permit Directive.

Among the most significant reforms, national visas issued in connection with residence applications will remain valid for 120 days instead of 90, providing employers with greater flexibility when coordinating employee relocations. Residence permit holders who lose their jobs will also receive additional time to secure new employment, with grace periods extended to three or six months depending on how long they have held their residence permit.

Slovakia is also overhauling its visa processing system by creating a new Central Visa Authority that will centralize application processing and establish a standard government processing timeline of approximately 40 days.

Additional changes include:

• Greater scrutiny of business residence permit applications and ongoing compliance obligations
• Introduction of digital residence cards through the government’s eDoklady mobile application
• Longer processing times for student residence permits
• A strict 15 day deadline to submit missing documentation for work permit applications
• Simplified residence permit requirements for certain applicants, including changes affecting EU citizens

The reforms are intended to improve consistency, strengthen oversight, and further digitize Slovakia’s immigration system.

Impact: The reforms provide greater flexibility for employers relocating foreign talent while introducing stricter compliance and documentation requirements. Companies should review onboarding timelines and internal immigration processes, particularly for business residence permits and work authorization applications, as several new requirements will take effect simultaneously.