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 Proposal to Overhaul Asylum EAD Eligibility
• DOL Advances Proposal to Revise H-1B and PERM Wage Requirements
• H-2B FY 2026 Supplemental Cap Hits First Allocation Limit

DHS Proposal to Overhaul Asylum EAD Eligibility

DHS has published a proposed rule that would substantially tighten and delay employment authorization eligibility for asylum applicants. Most notably, the rule would extend the waiting period to apply for an initial Employment Authorization Document (EAD) from 180 days to 365 days after filing an asylum application. It would also introduce additional eligibility bars, expand biometric and documentation requirements, and give USCIS authority to suspend acceptance of initial asylum-based EAD applications during periods when affirmative asylum processing times exceed specified thresholds.

The proposal reflects a broader policy shift toward restricting early employment eligibility for pending asylum applicants and would significantly alter current timing, intake, and adjudication frameworks. Comments are due April 24, 2026.

Impact: If finalized, the rule would materially lengthen onboarding timelines and increase uncertainty around work authorization for asylum-based hires, creating potential workforce gaps and I-9 compliance risk. In-house mobility and HR teams should assess pipeline exposure and plan for significantly longer lead times.

DOL Advances Proposal to Revise H-1B and PERM Wage Requirements

A proposed U.S. Department of Labor rule aimed at revising wage protections for H-1B nonimmigrant workers and PERM employment-based immigration has cleared federal review by the Office of Management and Budget and is expected to be published soon for public comment. The initiative, titled Improving Wage Protections for H-1B and PERM Employment in the United States, signals potential changes to how prevailing wage levels are calculated and may raise required minimum wages that employers must offer for H-1B and PERM roles.

While the full regulatory text has not yet been released, a central focus of the rule is strengthening wage protections for foreign workers, which could result in higher salary floors for H-1B positions and impact compensation planning and labor certification strategies. Next steps will likely include a Federal Register notice, a public comment period, and eventual finalization of the rule through the formal rulemaking process.

Impact: Changes to the prevailing wage framework could narrow eligibility margins for certain positions and increase overall program costs, prompting closer coordination between mobility, HR, and finance teams.

H-2B FY 2026 Supplemental Cap Hits First Allocation Limit

USCIS has announced that the first supplemental allocation of H-2B visas for FY 2026 — 18,490 visas reserved for “returning workers” with employment start dates from Jan. 1 to Mar. 31, 2026 has reached its numerical limit. During the filing period, USCIS received more petitions than available visas, triggering a random selection process (lottery) conducted on Feb. 13, 2026. Petitions not selected in the lottery were rejected and filing fees returned.

USCIS continues to update cap counts and final receipt dates on its H-2B cap count page and anticipates future allocations under the supplemental H-2B visa program for FY 2026.

Impact: With the first supplemental cap already exhausted, employers must closely monitor remaining supplemental and regular H-2B cap windows and plan filing strategies accordingly to address seasonal workforce needs.