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• I-140 Enforcement Is Expanding
• TPS Litigation Update: Honduras, Nicaragua & Nepal

I-140 Enforcement Is Expanding

The Department of Homeland Security (DHS) and USCIS have proposed reforms that would significantly change how Form I-140 petitions are reviewed, signaling a shift toward increased enforcement, employer accountability, and higher evidentiary standards, particularly for EB-1 Extraordinary Ability and EB-2 NIW cases.

Most notably, USCIS would formalize authority to conduct I-140 site visits, verifying employer legitimacy, the bona fide nature of the role, and alignment between immigration filings and actual employment conditions. At the same time, adjudicators are expected to more closely scrutinize employers’ continuous ability to pay from the priority date onward, requiring consistent financial documentation and tighter coordination across HR, payroll, and finance.

For EB-1 and NIW filings, officers are likely to apply more rigorous and subjective final merits analyses, emphasizing quality of evidence, demonstrated impact, and stronger case strategy, which may increase preparation time and denial risk if not carefully structured.

Organizations should consider:

• Reviewing internal immigration compliance processes
• Aligning HRIS, payroll, and filing data
• Establishing site visit preparedness protocols
• Reassessing EB-1 and NIW case selection strategy

Impact: If implemented, these reforms will heighten documentation requirements and compliance risk in employment-based green card sponsorship. In-house mobility leaders should assess whether their programs and internal controls are ready for a more enforcement-driven landscape.

TPS Litigation Update: Honduras, Nicaragua & Nepal

As of February 11, USCIS has updated its website to terminate Temporary Protected Status (TPS) for Nepal, Honduras, and Nicaragua and end the automatic extension of related work authorization.

This follows a February 9, 2026 decision by a three-judge panel of the Ninth Circuit Court of Appeals in National TPS Alliance et al. v. Noem et al., which stayed a prior district court order that had temporarily preserved TPS protections for approximately 60,000 individuals. As a result, DHS may now proceed with termination while the case continues on appeal.

Impact: Employers should identify impacted employees, complete required I-9 reverification, evaluate alternative immigration options where available, and coordinate clear internal communications to manage compliance risk and workforce disruption.