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On March 18, 2026, the State Department announced it is “expanding its visa bond program to apply to a total of 50 countries on April 2 and will require foreign nationals from these countries to post a bond of $15,000 before receiving B-1 or B-2 visas for business and tourism in the United States,” and added all commercial airports to its required ports of entry list.
Key takeaways:
A total of 50 countries will be subject to visa bonds beginning April 2, 2026. The 12 countries added to the current list of 38 countries are Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Nicaragua, Papua New Guinea, Seychelles and Tunisia. A complete list of the countries subject to the program can be found here.
All commercial airports added to required ports of entry. All visa holders from designated countries subject to the visa bond program must enter and exit the United States through designated ports of entry (POE). The current update states, “Effective immediately, ports of entry include all commercial airports of entry, including CBP [Customs and Border Protection] preclearance locations. Visa bond holders may NOT use charter air, general aviation, land or sea ports of entry.” Previously, travelers were subject to designated POEs, which did not include any preclearance locations.
Additional information: The launch of the visa bond pilot program was announced in August. The pilot will run for 12 months from Aug. 20, 2025, until Aug. 5, 2026. More details on the bond payment process, required ports of entry, visa bond compliance and visa bond breach can be found here. During the pilot, there will not be a waiver application process.
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.
Applications for requested need date for first half of fiscal year (FY) 2026 visa cap (Oct. 1, 2025–March 31, 2026):
The Department of Labor reported that, as of March 17, a total of 6,299 cases were issued final decisions. Certified positions for this period were allocated for 116,808 workers.
Applications for requested need date for second half of FY 2026 visa cap (April 1–Sept. 30, 2026):
The DOL reported that, as of March 17, a total of 3,755 cases were issued final decisions. Certified positions for this period were allocated for 54,453 workers.
H-2B prevailing wage determination (PWD) processing times:
As of March 5, the number of remaining requests for H-2B visa PWD applications received in December 2025 was 8. The number of remaining requests for January 2026 was 88 and the number of remaining requests for February 2026 was 233.
DOL guidance on H-2B processing times:
These dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for redeterminations or center director review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a PWD for the H-2B program at least 60 days before the date the determination is needed.
OFLC may be completing the processing of applications filed prior to the month posted for various reasons. Withdrawn and voided requests are excluded from the total, which may cause the numbers for previous months to fluctuate.
Additional information:
The Department of Homeland Security issued a temporary final rule published on Feb. 3, 2026, authorizing up to 64,716 additional H‑2B visas for fiscal year 2026 with phased allocations, an “irreparable‑harm attestation” and certain filing window dates. Further guidance on the temporary increase, including instructions on how to file an H-2B petition for additional visas, can be found here.
Learn more about the BAL attorneys who help employers secure additional H-2B visas.
The U.S. State Department has released the April 2026 Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based visa preference categories must use the Dates for Filing chart in the April Bulletin, which shows India advancing in the EB-2 and EB-3 visa categories.
The Dates for Filing chart indicates who is eligible to submit their application and supporting documents for further processing, even if the green card itself is not available. Review BAL’s employer’s guide to reading the Visa Bulletin to better understand this monthly report.
Dates for Filing chart category movement:
EB-1 visa
EB-2 visa
EB-3 visa
EB-5 visa (unreserved)
Dates for Filing Chart for Employment-Based Visa Applications
Additional Information: Final Action Dates for the April Visa Bulletin can be found here.
U.S. Citizenship and Immigration Services has published an update on the termination of Temporary Protected Status (TPS) designation for Haiti dated March 13, extending the validity dates for Employment Authorization Documents (EADs) per court order.
According to the update, “The validity of EADs issued under the TPS designation of Haiti with an original expiration date of Feb. 3, 2026, Aug. 3, 2025, Aug. 3, 2024, June 30, 2024, Feb. 3, 2023, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, July 22, 2019, Jan. 22, 2018, or July 22, 2017, is extended per court order. Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).”
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 27, 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 ‘March 27, 2026’ from the Form I-9. Check back to USCIS websites regularly for updated information.”
The guidance states that it supersedes the update on Haiti’s TPS termination posted on Feb. 14, 2026. Although the USCIS TPS country page for Haiti has not been updated at the time of today’s post, individuals should also check this page for current information.
Employers are encouraged to consult with their BAL attorney for case-specific guidance. Litigation remains ongoing, and BAL will continue to monitor and provide updates as more information becomes available.
USCIS TPS page update on EAD automatic extensions
USCIS has posted a TPS page update following the interim final rule published by the Department of Homeland Security “ending the practice of automatically extending EADs for aliens filing renewal applications in certain employment authorization categories,” effective Oct. 30, 2025.
The update states, “If you have a TPS-based EAD and maintain TPS status, and your renewal application was pending on or filed after July 22 but before Oct. 30, 2025, your automatic extension is limited by H.R. 1 to 1 year or the duration of TPS, whichever is shorter. You cannot claim the full 540-day extension, even if it is listed on your Form I-797C notice.”
However, the “up-to-540-day automatic extension” still applies if the Form I-797C receipt notice has a “Received Date” of July 21, 2025, or earlier.
Today, U.S. Citizenship and Immigration Services published updates on the termination of Temporary Protected Status (TPS) designations for Burma, Ethiopia, South Sudan and Syria, extending the validity dates for Employment Authorization Documents (EADs) per respective court orders.
Burma (Myanmar): According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Burma with an original expiration date of Nov. 25, 2025, May 25, 2024, or Nov. 25, 2022 is extended per court order. Aung DOE et al. v. Noem et al., No. 25-cv-15483 (N.D. Ill.).”
Ethiopia: According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Ethiopia with an original expiration date of June 12, 2024 and Dec. 12, 2025 is extended per court order. African Communities Together et al. v. Noem et al., No. 26-cv-10278-BEM (D. Mass.).”
South Sudan: According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of South Sudan with an original expiration date of Nov. 3, 2023, May 3, 2025, and Nov. 3, 2025 is extended per court order. African Communities Together et al. v. Noem et al., No. 25-cv-13939-PBS (D. Mass.).”
Syria: According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Syria with an original expiration date of Sept. 30, 2025, March 31, 2024, Sept. 30, 2022, or March 31, 2021 is extended per court order. Dahlia Doe v. Noem, 25-cv-8686 (S.D.N.Y.).”
The updates also provide further instructions for completing the respective expiration date fields on Form I-9 and completing a case in E-Verify.
Although the respective USCIS TPS country pages for Burma, Ethiopia, South Sudan and Syria had not been updated at the time of today’s post, individuals should continue to check these pages for current information.
Today, the State Department published consular information for Americans in the Middle East, including security and travel information by country for Bahrain, Egypt, Iran, Iraq, Israel, West Bank and Gaza, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, United Arab Emirates and Yemen.
The U.S. embassies and consulates in those respective countries with consular services, as well as Pakistan, have suspended all routine consular services until further notice.
A “24/7 Task Force” has been assembled to help Americans who need consular information or assistance, with special contact numbers for those Americans calling from the U.S., Canada and abroad. Those Americans needing U.S. government-facilitated departure options from designated Middle East countries are instructed to complete the State Department’s crisis intake form.
On March 9, 2026, the Trump administration sent its nomination for Secretary of Homeland Security — Sen. Markwayne Mullin, R-Okla. — to the United States Senate.
DHS announced on March 5, 2026, that current secretary Kristi Noem would be assigned a new role as the “Special Envoy for the Shield of the Americas — Western Hemisphere.”
In announcing the change, President Trump stated that Noem’s last day as secretary of homeland security would be March 31, 2026.
Additional information: This presidential appointment requires Senate confirmation, with hearings typically conducted by the Senate Committee on Homeland Security and Governmental Affairs. Mullin’s confirmation hearing date has not yet been announced.
The Department of Labor posted the latest processing times for permanent labor certification (PERM) and prevailing wage determination (PWD) requests.
Read PERM processing times FAQ for employers to gain a better understanding of the information below.
PERM Processing Times: As of March 5, the department is adjudicating PERM applications filed in October 2024 and earlier and reviewing appeals for reconsideration filed in September 2025 and earlier.
For various reasons, the Office of Foreign Labor Certification (OFLC) may be completing the processing of applications filed prior to the month posted.
Average number of days to process PERM applications
This date reflects the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. The OFLC is reporting the average processing time for all PERM applications for the most recent month.
PWD Processing Times: As of March 5, the National Prevailing Wage Center is processing PWD requests filed in December 2025 and earlier for H-1B and PERM OEWS* and Non-OEWS* cases.
*OEWS and Non-OEWS are the sources used for determining the prevailing wage for a job. OEWS stands for Occupational Employment and Wage Statistics. Non-OEWS refers to other sources used for prevailing wage determinations, such as collective bargaining agreements or private wage surveys.
Redeterminations were being considered on appeals filed in November 2025 and earlier for both H-1B and PERM cases.
Center Director Reviews were being conducted for PERM cases filed in December 2025 and earlier.
BAL is closely monitoring the rapidly evolving situation in the Middle East, including recent military actions and related airspace restrictions affecting several countries in the region. These developments have resulted in widespread flight cancellations, suspensions and route diversions by multiple international airlines. Ongoing disruptions to travel corridors may also impact border operations and immigration processing times.
Updates as of March 5, 2026:
BAL will continue to track developments and provide updates as conditions change. If you have questions or need tailored guidance, please contact your dedicated BAL representative.
Today, the Department of Homeland Security published notice in the Federal Register (FRN) terminating the designation of Yemen for Temporary Protected Status (TPS), effective May 4, 2026.
Reason for termination: According to the notice, after consulting with appropriate U.S. government agencies, the DHS secretary determined that “the situation in Yemen no longer meets the criteria for an ongoing armed conflict that poses a serious threat to the personal safety of returning Yemeni nationals.”
Employment authorization validity dates: The FRN states, “as proof of continued employment authorization through May 4, 2026, TPS beneficiaries can show their Employment Authorization Documents that have the notation A-12 or C-19 under Category and a “Card Expires” date of March 3, 2023, Sept. 3, 2024, and March 3, 2026.”
BAL continues to monitor related developments and will provide updates as more information becomes available.