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• Sudan and Ukraine TPS Protections Continue as DHS Guidance Remains Pending
• Federal Court Orders State Department to Reopen FY 2027 Diversity Visa Lottery
• Canada Introduces New Express Entry Priorities for High-Wage Occupations
• India Raises Minimum Salary Requirement for Employment Visas

Sudan and Ukraine TPS Protections Continue as DHS Guidance Remains Pending

Temporary Protected Status (TPS) beneficiaries from Sudan and Ukraine continue to retain TPS protections and employment authorization despite the October 19, 2026, expiration of their previously designated TPS periods. The Department of Homeland Security (DHS) published an announcement on their website but has not yet published a formal extension term or termination notice in the Federal Register, creating uncertainty for employers regarding employment eligibility verification. For now, beneficiaries from both countries remain protected and authorized to work while DHS determines the future of their TPS designations. However, the agency has not provided updated Employment Authorization Document expiration dates or specific Form I-9 instructions for this interim period.

Under federal immigration law, TPS designations may automatically continue for at least six months when DHS does not determine that the conditions supporting a designation have ended. However, the absence of formal guidance leaves employers uncertain about how to document continued employment authorization.

For employers, the distinction between continued work authorization and acceptable Form I-9 documentation is particularly important. Although USCIS has indicated that affected individuals remain authorized to work, employers should not independently assign new EAD expiration dates or assume that a six-month extension applies to Form I-9 records without supporting government instructions. DHS is expected to provide additional guidance clarifying the future of both designations and the documentation requirements for affected workers.

Impact: Employers with Sudanese and Ukrainian TPS beneficiaries should continue monitoring USCIS and DHS announcements while carefully reviewing employment authorization records. Organizations should preserve relevant government guidance and coordinate Form I-9 decisions with immigration counsel to avoid unnecessary employment disruptions or compliance issues.

Federal Court Orders State Department to Reopen FY 2027 Diversity Visa Lottery

A federal district court in California has ordered the Department of State to open registration for the Fiscal Year 2027 Diversity Visa (DV) lottery following delays to the program. Under the preliminary injunction, the agency must begin accepting entries by November 1, 2026, and keep registration open for at least 30 days.

The court also established several deadlines for the State Department:

• October 29, 2026: Publish official registration instructions, including eligibility requirements, application procedures, and opening and closing dates.
• November 1, 2026: Open the FY 2027 Diversity Visa registration period.
• December 3, 2026: Notify selected applicants of their lottery selection.

The order also requires the State Department to process eligible DV immigrant visa applications under its usual procedures, subject to applicable visa limits and deadlines.

The ruling follows litigation challenging the Administration’s suspension of Diversity Visa processing and delays to the FY 2027 registration period. The court previously established earlier compliance deadlines but subsequently extended them to provide the agency additional time.

Prospective applicants should also prepare for recently introduced registration requirements, including a $1 entry fee and valid passport information.

Importantly, the ruling is a preliminary injunction rather than a final decision on the underlying lawsuit. The government may appeal, and further court action could affect the registration schedule.

Impact: The decision provides a potential opportunity for eligible foreign nationals to participate in the delayed FY 2027 Diversity Visa lottery. Applicants should monitor State Department announcements closely, prepare required documentation, and remain alert for possible changes to registration deadlines as litigation continues.

Canada Introduces New Express Entry Priorities for High-Wage Occupations

Immigration, Refugees and Citizenship Canada (IRCC) is introducing significant changes to its Express Entry permanent residence system beginning November 3, 2026. The reforms will prioritize candidates with Canadian work experience or qualifying job offers in designated high-wage occupations while simplifying certain employer sponsorship requirements.

Under the new Labour Market Integration factor, Express Entry candidates may receive additional Comprehensive Ranking System (CRS) points based on eligible Canadian work experience or a qualifying job offer. Candidates working in designated high-wage occupations may receive additional points, improving their competitiveness for invitations to apply for permanent residence.

Importantly, eligibility for high-wage occupation points will depend on IRCC’s published occupation list rather than an individual’s actual salary. Candidates who qualify through both work experience and a job offer will receive the higher applicable score, rather than combining the two.

The reforms also eliminate the Labour Market Impact Assessment (LMIA) requirement for qualifying job offers under the Federal Skilled Worker and Federal Skilled Trades programs. Employers must still demonstrate that job offers are genuine and meet applicable program requirements.

IRCC will automatically recalculate scores for candidates already in the Express Entry pool and temporarily pause invitation rounds beginning November 3. The recalculation process may take up to two weeks. Candidates relying on qualifying job offers should update their Express Entry profiles before implementation.

Impact: The changes could improve permanent residence opportunities for skilled foreign workers in designated high-wage occupations while reducing administrative requirements for employers. Organizations should review employee occupation classifications, work experience, and job offer documentation ahead of November 3 to prepare for the new scoring framework.

India Raises Minimum Salary Requirement for Employment Visas

India has reportedly increased the minimum annual salary requirement for foreign nationals applying for Employment Visas, introducing a significant change that could affect employers sponsoring international talent. The new threshold has increased from INR 1,625,000 to INR 2,400,000 annually, representing an approximately 47.7% increase.

The revised salary requirement is reportedly effective immediately and applies to both new Employment Visa applications and renewal applications submitted within India.

Although the Ministry of Home Affairs has not yet published a formal notification confirming the change, the higher threshold has appeared in endorsements on recently issued residence permits from local Foreigners Regional Registration Offices (FRROs). Immigration authorities have also reportedly confirmed the revised requirement verbally.

This marks the first reported adjustment to India’s minimum Employment Visa salary threshold since 2018. The increase could have a particularly significant impact on employers hiring foreign professionals whose compensation falls between the previous and revised minimums. Additional guidance from the Ministry of Home Affairs is expected to clarify implementation procedures and any potential exceptions to the revised salary requirement.

Impact: The higher salary threshold could increase sponsorship costs and affect Employment Visa eligibility for certain foreign workers in India. Employers should review compensation packages for upcoming applications and renewals, identify employees who may fall below the revised minimum, and coordinate with immigration counsel while awaiting formal government guidance.