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• DHS Finalizes Wage-Weighted H-1B Cap Selection Rule
• USCIS Ends SSN Requests Through EAD Applications
• TPS Maintained for Honduras, Nepal, and Nicaragua
• DHS and DOL Announce Additional H-2B Visas for FY 2026
• USCIS Updates Adjudication Policies for Individuals From Travel Ban Countries
• Expansion of Visa Bond Pilot Program to 38 Countries
• EOIR Issues Guidance on Annual Asylum Fee

DHS Finalizes Wage-Weighted H-1B Cap Selection Rule

The Department of Homeland Security has issued a final rule establishing a wage-weighted selection process for cap-subject H-1B registrations, formally replacing the traditional random lottery when demand exceeds the annual cap. As outlined in the final rule published in the Federal Register, USCIS will prioritize registrations associated with higher occupational wage levels, giving those roles increased odds of selection (Federal Register final rule).

Under the new framework, H-1B registrations will be ranked based on the applicable Department of Labor wage level for the position. Higher wage levels will receive greater selection priority, while lower wage levels will be considered only if cap numbers remain available. DHS has stated that this approach is intended to better align the H-1B program with higher-paid, higher-skilled roles.

The final rule also increases the importance of accuracy at the registration stage. Employers will be required to provide Standard Occupational Category and job location information upfront, and that information must remain consistent through the petition filing process. USCIS has emphasized that discrepancies between registration and petition filings may result in denials or other adverse outcomes, reinforcing the need for early coordination between immigration, HR, and compensation teams.

The rule takes effect for upcoming cap seasons, marking a significant shift in how H-1B numbers are allocated. Additional background on DHS’s broader H-1B policy direction is available through prior USCIS announcements on cap selection reforms (USCIS policy background).

Impact: This final rule fundamentally changes H-1B cap strategy. Wage level determinations, job classification, and early planning now directly influence selection outcomes, making advance preparation and data accuracy critical for employers sponsoring cap-subject H-1B workers.

USCIS Ends SSN Requests Through EAD Applications

U.S. Citizenship and Immigration Services has eliminated the option for applicants to request a Social Security number as part of an Employment Authorization Document application. Going forward, individuals filing Form I-765 will no longer be able to authorize USCIS to transmit their information to the Social Security Administration for SSN issuance. Instead, applicants who require an SSN must apply directly with the SSA after their employment authorization has been approved, consistent with current USCIS filing guidance (USCIS Form I-765).

This change removes a previously integrated step that allowed some EAD applicants to receive an SSN automatically following approval, and it introduces an additional administrative step for affected individuals. Processing timelines for SSN applications will now depend on SSA procedures and local office capacity, and in some cases may require an in-person visit, as outlined in SSA guidance on SSN issuance (Social Security Administration).

For employers, the update does not affect work authorization eligibility but may complicate onboarding timelines for new hires whose payroll or compliance processes require an SSN shortly after start dates. HR and mobility teams should anticipate potential delays, communicate the separate SSN process clearly to employees, and consider interim onboarding accommodations where available.

Impact: No change to EAD eligibility, but SSN issuance is now a separate, post-approval step. Employers should plan for added administrative lead time in onboarding workflows.

TPS Maintained for Honduras, Nepal, and Nicaragua

A federal district court has vacated prior government actions that terminated Temporary Protected Status (TPS) designations for Honduras, Nicaragua, and Nepal. As a result of the court’s decision, TPS for eligible nationals of these countries remains in effect while further legal and administrative steps play out. The ruling restores protections that had previously been scheduled to end and preserves work authorization for affected individuals.

For employees and employers, this means that individuals currently holding TPS under these designations may continue to rely on TPS-based employment authorization, subject to existing registration and extension requirements. The decision does not create new TPS eligibility, but it prevents the immediate loss of status and work authorization that would have followed the terminations.

From an in-house perspective, this ruling provides short-term continuity but not long-term certainty. TPS remains a discretionary and litigation-sensitive program, and future government action or appellate decisions could again change timelines or eligibility. Employers with TPS holders in their workforce should continue to monitor re-registration periods, EAD validity dates, and related compliance requirements, particularly where automatic extensions or notice-based extensions apply.

Impact: TPS for Honduras, Nicaragua, and Nepal remains in place for now, preserving work authorization for affected employees. Employers should confirm ongoing eligibility and document validity but should not assume permanent protection, as further legal or policy changes remain possible.

DHS and DOL Announce Additional H-2B Visas for FY 2026

The Department of Homeland Security, in coordination with the Department of Labor, has announced the release of an additional 35,000 H-2B visas for fiscal year 2026, supplementing the statutory H-2B cap. These supplemental visas are intended to address ongoing labor shortages in industries that rely on temporary non-agricultural workers, such as hospitality, landscaping, seafood processing, and seasonal services.

As with prior supplemental allocations, the additional visas are expected to be subject to timing restrictions and eligibility conditions, including requirements tied to irreparable harm and, in some cases, worker nationality. Employers seeking to access the supplemental visas will need to align closely with DOL filing timelines and DHS allocation windows, as demand typically exceeds available numbers and filing windows can close quickly.

For employers that rely on the H-2B program, the announcement provides incremental relief but does not fundamentally change the competitive nature of the process. Workforce planning remains constrained by short filing windows, uncertainty around allocation timing, and the need for precise coordination between recruitment, labor certification, and petition filing steps.

Impact: The additional H-2B visas offer limited but meaningful capacity for eligible employers facing acute seasonal labor shortages. Companies that anticipate H-2B needs for FY 2026 should prepare early, monitor agency guidance closely, and ensure internal teams and vendors are aligned to act quickly once filing windows open.

USCIS Updates Adjudication Policies for Individuals From Travel Ban Countries

U.S. Citizenship and Immigration Services has expanded and clarified how it adjudicates immigration benefits for individuals from countries subject to U.S. travel restrictions. The updated guidance reinforces that applications from affected nationals may be subject to heightened scrutiny, including additional security, background, and eligibility reviews, even where travel bans do not directly bar the underlying benefit.

The clarification affects a range of immigration filings, including visa petitions, extensions, changes of status, and employment authorization requests. USCIS has emphasized that officers may request additional evidence or conduct more detailed reviews to assess eligibility, national security considerations, and discretionary factors. While eligibility standards have not formally changed, processing times for affected cases may be longer and outcomes less predictable.

For employers, the update does not introduce new filing requirements but does raise planning considerations for employees from travel-restricted countries. Companies may see longer adjudication timelines, increased requests for evidence, or delayed work authorization for impacted individuals. This may be particularly relevant for workforce planning, onboarding, international travel coordination, and contingency planning for time-sensitive roles.

Impact: No immediate change to eligibility rules, but employers should expect increased scrutiny and potential delays for cases involving nationals of travel-restricted countries. In-house teams may want to flag impacted employees early, set realistic timeline expectations, and plan for possible disruptions to start dates or travel.

Expansion of Visa Bond Pilot Program to 38 Countries

The U.S. Department of State has expanded its Visa Bond Pilot Program to cover nationals of 38 countries applying for B-1/B-2 visitor visas, with implementation dates from August 2025 through January 2026. Affected applicants must post a $5,000–$15,000 visa bond, as determined by the consular officer, and no waiver process is available during the pilot, which runs through August 5, 2026.

Impact: This development may impose additional constraints on U.S. business travel for affected employers.

EOIR Issues Guidance on Annual Asylum Fee

The Executive Office for Immigration Review (EOIR) has issued guidance clarifying how the new annual asylum fee will apply to individuals with asylum applications pending in immigration court. Under recent statutory changes, certain asylum applicants may be required to pay a $100 fee for each year their application remains pending beyond an initial period. This requirement applies regardless of whether the asylum case is pending with U.S. Citizenship and Immigration Services or before EOIR.

While the fee does not directly affect employer-sponsored immigration programs, it may impact employees or family members who are pursuing asylum as a separate pathway to remain and work in the United States. EOIR’s guidance confirms that the fee framework applies to defensive asylum cases in removal proceedings and aligns with parallel implementation steps already underway at USCIS.

From an in-house perspective, this change introduces a new, recurring cost that affected employees may not anticipate, particularly given that asylum applications historically did not carry filing or annual fees. Companies with broader global mobility, refugee hiring, or humanitarian support initiatives may see increased employee questions around fee notices, payment timing, and the consequences of non-payment.

Impact: No change to employment-based immigration programs, but HR and mobility teams should be aware that some employees or dependents with pending asylum cases may face annual fee obligations. Employers may want to ensure internal teams are prepared to direct employees to appropriate resources and flag potential financial or administrative stressors that could affect workforce planning.