WR Immigration News Digest

Feb 5, 2026 | Immigration Updates

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here.

DHS and DOL Announce Supplemental H-2B Visa Allocation

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released 64,716 supplemental H-2B visas for the current fiscal year, in addition to the standard 66,000 annual cap. The visas are intended for employers facing severe seasonal labor shortages. Employers must attest that they will suffer irreparable harm without the requested workers. 46,226 visas are reserved for returning workers who previously held H-2B status within the past three fiscal years. Demand is expected to exceed supply.

Impact: The supplemental release provides limited short-term flexibility but heightens the need for rapid planning, strong documentation, and coordination with business stakeholders. Immigration teams should prioritize returning-worker strategies and prepare for continued volatility in H-2B availability, reinforcing the importance of contingency workforce planning.

Federal Court Pauses Termination of Haiti Temporary Protected Status (TPS)

A U.S. federal judge has temporarily blocked the termination of Temporary Protected Status (TPS) for Haitian nationals, keeping the designation and related work authorization in place while legal challenges proceed. The stay means that TPS holders can continue to live and work in the U.S. even though the government had announced an end to the Haiti TPS designation effective February 3, 2026.

The judge’s order halts the termination pending further judicial review, and the administration is expected to appeal the decision. For now, existing TPS protections and employment authorization documents remain valid for those covered by the stay.

Impact: The ruling temporarily maintains work authorization for affected Haitian employees, easing immediate compliance and reverification concerns, but requires close monitoring as the litigation continues and timelines may change.

Temporary DHS Funding Maintains Immigration Operations

Congress has approved funding to keep most federal agencies operating through September 30, 2026, while providing short-term funding for the Department of Homeland Security (DHS) through February 13, 2026 as negotiations continue. Immigration operations were not disrupted by the brief shutdown, and USCIS is expected to continue processing cases as a fee-funded agency even if DHS funding lapses.

Other functions, including border operations and verification systems, are expected to remain operational, though some programs could face uncertainty if funding or authorization issues arise.

Impact: While immediate immigration processing impacts are unlikely, teams should monitor DHS funding negotiations closely and be prepared for potential operational disruptions tied to border processing or related systems if funding is not extended beyond February 13.

Subscribe to the WR Immigration Newsletters

Start the RFP Process

Join the Corporate Benchmarking Roundtable

Request an Attorney Consultation

Related Posts:

Rapid-Fire Wednesdays Q&A | Impact of Recent U.S. Supreme Court Rulings | 1/22/2025 Recap

The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates. By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥 Question: What is the significance of the Bouarfa v. Mayorkas case for immigration professionals? Response: In December, the U.S....

DOL Proposes to Delay Effective Date of H-1B/PERM Wage Rule Until May

The Department of Labor’s Employment and Training Administration has proposed to delay the effective date of a Trump administration rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The implementation of the rule published in January will now be delayed until May...