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U.S. Citizenship and Immigration Services announced it has reached the fiscal year (FY) 2027 H-1B cap and notified registrants of selection results. Employers with valid selected registrations may begin filing H-1B cap-subject petitions on April 1, 2026.
Key takeaways:
Initial selection process completed. USCIS received sufficient electronic registrations during the initial registration period to reach the FY 2027 H-1B cap numerical allocations, including the advanced degree exemption, and has completed the selection process.
Selection results available in online accounts. Registrants’ myUSCIS online accounts now display registration statuses.
Filing window opens April 1, 2026. FY 2027 H-1B cap-subject petitions, including petitions eligible for the advanced degree exemption, may be filed beginning April 1, 2026. Only petitioners with valid registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2027.
New edition of Form I-129. Beginning April 1, 2026, USCIS will accept only the 02/27/26 edition of Form I-129. All H-1B cap subject petitions for FY 2027 must use this edition of the form.
Additional $100K payment. On Oct. 20, 2025, USCIS provided updated guidance on the H-1B proclamation mandating that “certain H-1B petitions filed at or after 12:01 a.m. eastern daylight time on Sept. 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility.” BAL clients are encouraged to consult with their BAL attorney for case-specific guidance. BAL will continue to monitor ongoing litigation and developments regarding the H-1B proclamation and provide updates.
Additional information: Filings must comply with USCIS form and filing requirements outlined in the selection notice and related guidance. USCIS has provided an updated FAQ on the electronic registration process here and tips for filing forms online can be found here.
This alert has been provided by the BAL U.S. Practice Group.
Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The State Department announced that on March 30, 2026, the U.S. Embassy in Caracas, Venezuela, “formally” resumed operations.
Consular services in Caracas have not resumed. According to the announcement, the ambassador’s team is “restoring the chancery building at the U.S. Embassy in Caracas to prepare for the full return of personnel as soon as possible and the eventual resumption of consular services.”
Consular services available at Bogotá embassy. In January 2026, the State Department began a phased approach to resuming embassy operations in Venezuela. The Venezuela Affairs Unit located in the U.S. Embassy in Bogotá, Colombia, will continue to provide visa, passport and other consular services for Americans and Venezuelans until the embassy in Caracas has resumed consular services.
Travel advisory still in effect. On March 19, 2026, the U.S. Embassy in Caracas issued a Level 3 travel advisory asking individuals to “reconsider travel to Venezuela due to risk of crime, kidnapping, terrorism and poor health infrastructure. Some areas have increased risk.”
Additional information: BAL will continue to monitor related developments and provide updates.
The State Department updated global visa wait times on March 27, 2026.
The average wait times reported do not guarantee a visa applicant will get an appointment within a specific time. U.S. embassies and consulates regularly release additional appointment slots. Applicants who want an earlier appointment slot after initially scheduling their interview should check back frequently and move their appointment to another slot if available.
March 2026 global visa wait times chart highlights
The following are selected chart highlights from the latest global visa wait times of some of the cities/posts that historically have the most visa issuances compared with the February global visa wait time report:
The cities/posts with the longest average wait times for work visas (H, L, O, P, Q) for this reporting period include:
Ottawa (5.5 months), Quebec (5.5 months), Lilongwe (4.5 months) and Kuwait (4 months). Beijing wait times increased from 1.5 months to 2.5 months, and New Delhi showed a slight increase from less than 0.5 months to 1 month. Mumbai’s wait times slightly decreased from 1.5 months to 1 month. In February’s report, Chennai/Madras showed wait times of 2 months but is currently showing “not available” during this reporting period.
The cities/posts with the longest average wait times for interview-required B-1/B-2 visas for this reporting period include: Toronto (17 months), Calgary (12.5 months), Vancouver (12.5 months), Ottawa (11 months) and Bogota (10.5 months). Wait times for most of India’s cities/posts exceeded more than 5 months, with Mumbai/Bombay experiencing the longest wait times at 9 months.
Additional Information: More details on the different visa categories referenced in the table can be found here. Wait times are calculated in months in 30-day increments and half-months in 15-day increments. Average wait times are provided for B-1/B-2 visas only in cases where the next available appointment is more than three months away.
Post-specific instructions are available on the website of the U.S. embassy or consulate where the applicant schedules their interview. There may be limitations on how many times they can reschedule an appointment. Appointment calendar access for a specific post may not be accessible until the DS-160 visa application has been submitted and the required fee has been paid. (The fee is typically nontransferable across countries.)
Embassies and consulates may waive the in-person interview requirement for eligible applicants. Wait times for these appointments are not reflected in the visa wait timetables. Please check the individual U.S. embassy or consulate website to find out if a waiver of the in-person interview is available. Interview waiver eligibility was last updated on Sept. 18, 2025, and became effective Oct. 1, 2025.
Today, U.S. Citizenship and Immigration Services published updates on the termination of TPS for Burma and Somalia that included new expiration dates for completing the Form I-9 and creating a case in E-Verify.
Burma TPS termination update
As previously reported on March 12, 2026, USCIS published an update on the termination of TPS designation for Burma, extending the EAD validity dates per court order.
Today’s March 27 update also provides instructions for completing the expiration date fields on Form I-9 and completing a case in E-Verify: “When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “April 15, 2026” in Section 2 along with a note in the additional information box. Employers may download the alert and TPS Burma webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “April 15, 2026” from the Form I-9.”
According to USCIS, “This guidance supersedes the Update on Termination of TPS for Burma posted on March 17, 2026.” Individuals should also check the USCIS TPS Burma page for current information.
Somalia TPS termination update
As previously reported, on March 17, USCIS published an update on the termination of TPS designation for Somalia, extending the EAD validity dates per court order.
Today’s March 27 update also provides instructions for completing the expiration date fields on Form I-9 and completing a case in E-Verify: “When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “May 18, 2026” in Section 2 along with a note in the additional information box. Employers may download the TPS Somalia webpage and attach it to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of “May 18, 2026” from the Form I-9. Check back to USCIS websites regularly for updated information.”
According to USCIS, “This guidance supersedes the Update on Termination of TPS for Somalia posted on March 17, 2026.” Individuals should also check the USCIS TPS Somalia page for current information.
Litigation in the above matters remains ongoing. BAL will continue to monitor and provide updates as more information becomes available.
Employers are encouraged to consult with their BAL attorney for case-specific guidance. Those employers and immigration professionals who are not BAL clients but have questions regarding how these TPS updates may impact their workforce can contact us here.
The U.S. Department of Labor (DOL) is scheduled to publish a notice of proposed rulemaking (NPRM) in the Federal Register on March 27, 2026, that would revise how prevailing wages are calculated for certain employment-based immigrant and nonimmigrant visa programs.
Key takeaways
Proposed changes to prevailing wage calculations: The proposal would amend DOL regulations governing prevailing wages for permanent labor certification (PERM) applications and Labor Condition Applications (LCAs) by revising how wage levels are calculated under the agency’s four-tier weighted selection wage structure based on Occupational Employment and Wage Statistics (OEWS) data.
The proposal would increase the prevailing wage floors for Wage Level I from the 17th percentile to the 34th percentile, for Wage Level II from the 34th to the 52nd, for Wage Level III from the 50th to the 70th, and for Wage Level IV from the 67th to the 88th, relying upon wage data provided by the OEWS survey. As drafted, the proposal would not eliminate the use of private wage surveys.
Programs potentially affected: The proposed rule would apply to certain EB-2 and EB-3 employment-based immigrant visas through PERM and H-1B, H-1B1 and E-3 nonimmigrant visas. Any changes under a final rule would apply to:
Public comment period: Once the proposal is published on March 27, a 60-day public comment period will commence with a projected deadline of May 26, 2026.
Additional information: The NPRM begins the rulemaking process, which typically takes several months. Current regulations regarding H-1B and PERM wage obligations remain in place today.
More background on the rulemaking efforts regarding foreign worker wage levels can be read here.
Today, the State Department announced that, effective March 30, 2026, it will expand the requirement for “online presence review” to include certain nonimmigrant visa (NIV) classifications in addition to other classes already subject to expanded screening and vetting.
Additional NIV classifications subject to enhanced screening and vetting. Visa applicants in the following NIV classifications will be subject to “online presence review”: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T and U.
Mandatory privacy setting adjustments. Effective March 30, all visa applicants in the identified NIV classifications “are instructed to adjust the privacy settings on all of their social media profiles to ‘public’ or ‘open.’”
Expanded scope. The online presence review policy first applied only to students and exchange visitors in the F, M and J nonimmigrant visa classifications. On Dec. 15, 2025, the State Department expanded the requirement for “online presence review” to include all H-1B visa applicants and their H-4 dependents.
Haiti TPS termination update
Today, U.S. Citizenship and Immigration Services published an update on the termination of Temporary Protected Status (TPS) designation for Haiti.
As previously reported, on March 13, 2026, USCIS published updates on the termination of TPS designation for Haiti, extending the Employment Authorization Document (EAD) validity dates per court order.
Today’s update provides the following instructions for completing the expiration date fields on Form I-9 and completing a case in E-Verify:
“When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘July 1, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Haiti webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘July 1, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.” Individuals should also check the USCIS TPS Haiti page regularly for updates.
Syria TPS termination update
As previously reported, on March 12, 2026, USCIS published updates on the termination of TPS designation for Syria, extending the EAD validity dates per court order.
On March 24, USCIS published an update on Syria’s termination of TPS status with the following instructions for completing the expiration date fields on Form I-9 and completing a case in E-Verify:
“When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘July 1, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Syria webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘July 1, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.” Individuals should also check the USCIS TPS Syria page regularly for updates.
On March 23, 2026, the U.S. Senate confirmed Sen. Markwayne Mullin, R-Okla., as secretary of homeland security in a 54-45 vote. The White House later announced the confirmation on X and the Department of Homeland Security issued a press release.
Former secretary Kristi Noem will be assigned a new role as the “Special Envoy for the Shield of the Americas — Western Hemisphere.” President Trump previously stated that Noem’s last day as secretary of homeland security would be March 31, 2026.
Today, Mullin was sworn in as secretary of homeland security by President Trump.
U.S. Citizenship and Immigration Services announced it has “has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year [FY] 2026.”
Supplemental visa allocation filing open. The filing dates for the second and third allocations for the supplemental H-2B visas for FY 2026 are now available.
Final receipt date. March 10, 2026, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1 and before Oct. 1, 2026. Any new cap-subject H-2B petitions received after March 10, 2026, will be rejected.
Additional information: More information about the second and third allocations of supplemental visas and the relevant filing dates can be found here.
The Department of Homeland Security previously published a Federal Register Notice terminating the Temporary Protected Status (TPS) designation of Somalia, effective March 17, 2026.
Following a ruling by the U.S. District Court for the District of Massachusetts on March 13, 2026, staying the termination of TPS designation for Somalia, U.S. Citizenship and Immigration Services published an update on March 17, 2026.
According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Somalia with an original expiration date of March 17, 2023, Sept. 17, 2024, and March 17, 2026, is extended per court order. African Communities Together et al. v. Noem et al., No. 26-cv-11201(D. Mass.).”
The update also provides further instructions for completing the expiration date fields on Form I-9 and completing a case in E-Verify:
“When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘March 31, 2026’ in Section 2 along with a note in the additional information box. Employers may download the TPS Somalia webpage and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘March 31, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.”
Burma and Syria Form I-9/E-Verify instruction updates
As previously reported on March 12, USCIS published updates on the termination of TPS designations for Burma and Syria, extending the EAD validity dates per respective court orders.
According to the March 17 update on termination of TPS for Burma: “When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘March 30, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Burma webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘March 30, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.”
According to the March 17 update on termination of TPS for Syria: “When completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘March 24, 2026’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Syria webpages and attach them to Form I-9. Check back to USCIS websites regularly for updated information. When completing a case in E-Verify, enter the expiration date of ‘March 24, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.”