LPY Law Group

U.S. Citizenship and Immigration Services (USCIS) has announced the FY 2027 H-1B cap registration period will run from March 4, 2026 (12:00 PM Eastern) to March 19, 2026 (12:00 PM Eastern), and there will be significant changes for how H-1B registrations will be selected. This electronic registration process is for H-1B petitions that are subject to the 65,000 annual regular quota (plus 20,000 “master’s cap” quota). Employers considering H-1B sponsorship for the upcoming fiscal year should review the information below carefully and begin planning.

During the registration period, prospective H-1B cap-subject petitioners must electronically register each beneficiary through a USCIS online account and pay the $215 registration fee per beneficiary. Employers must have a USCIS organizational account to participate in the registration process. Employers without an existing account can contact our firm if you need assistance with creating an account.

On January 14, 2026, the U.S. Department of State (DOS) announced a major update affecting immigrant visa applicants from dozens of countries. First and foremost, this announcement applies only to immigrant visa processing conducted overseas at U.S. embassies and consulates. It is a DOS directive, not a USCIS policy change.

Beginning January 21, 2026, DOS will pause the issuance of immigrant visas to foreign nationals from 75 countries identified as having a higher risk of using public benefits in the United States. This is part of a full review of government policies, regulations, and guidance to ensure that immigrants must be financially self-sufficient and not become a public charge or financial burden on U.S. taxpayers. While this review is underway, DOS will continue processing applications but will not issue immigrant visas to affected nationals.

On January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a sweeping new policy memorandum, PM-602-0194, directing officers to place adjudicative holds on a broad range of immigration benefit applications filed by or on behalf of foreign nationals from countries designated as “high-risk” under the expanded travel ban issued on December 16, 2025, in Presidential Proclamation (PP) 10998. Read the Fact Sheet on the Proclamation.

This policy significantly expands prior national security-based review measures and has immediate implications for pending and previously approved immigration benefits. The January 1, 2026, memorandum builds upon an earlier Policy Memo issued on December 2, 2025 (PM-602-0192) addressing holds on asylum and benefit applications from high-risk countries. PM-602-0194 does not fully supersede the prior memo, but rather expands its scope to include additional countries and re-review of approved cases, subject to limited exceptions.

On December 12, 2025, the U.S. Department of State issued additional instructions with respect to its guidance for nonimmigrant visa applicants (NIV), specifically updating Designated Locations for Nonimmigrant Visa Processing where the United States does not routinely conduct NIV operations: https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-niv-applicants-in-their-country-of-residence.html.

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On June 10, 2025, the U.S. Department of State updated the Foreign Affairs Manual (FAM), specifically 9 FAM 302.5, to make sweeping changes concerning immigrant visa eligibility and membership in Communist or totalitarian parties. The revisions significantly expand the definition of “affiliation” with the parties for individuals who have never been official party members, remove certain exceptions, and increase recordkeeping requirements. This update has already adversely affected many pending immigrant visa applications.

Under Section 212(a)(3)(D) of the Immigration and Nationality Act (INA), any immigrant visa applicant (or applicant for adjustment of status) who is or has been a member of the Communist Party or another totalitarian party, including subdivisions, affiliates, and certain related organizations, is generally considered inadmissible to the United States. The statute provides limited exceptions for past membership, involuntary membership, or membership terminated before age sixteen. Consular officers apply this provision through the Foreign Affairs Manual (9 FAM 302.5), which sets forth how “membership” and “affiliation” are defined, what exceptions may apply, and how cases must be documented.

UPDATE: On December 12, 2025, the U.S. Department of State issued additional instructions with respect to its guidance for immigrant visa applicants (IV), specifically updating Designated Locations for Immigrant Visa Processing where the United States does not have consular operations: https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-niv-applicants-in-their-country-of-residence.html.

ORIGINAL ARTICLE follows: