The State Department updated global visa wait times on Feb. 13, 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.

February 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 January 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: Kinshasa (4.5 months), Vancouver (4.5 months), Hyderabad (3 months) and Casablanca (3 months). Beijing, Chennai/Madras and New Delhi saw slight decreases in average wait times for work visas.

The cities/posts with the longest average wait times for interview-required B-1/B-2 visas for this reporting period include: Toronto (18.5 months), Calgary (15 months), Vancouver (15 months), Ottawa (14 months), Bogota (10 months), Monterrey (10 months), Kinshasa (9.5 months) and Mumbai/Bombay (9.5 months). Hyderabad and New Delhi both saw wait times for interview-required B-1/B-2 visas triple during this reporting period (Hyderabad increased from 2.5 months to 7.5 months; New Delhi increased from 2 months to 6.5 months).

Both Hermosillo and Mexico City experienced a substantial decrease in next available appointment wait times for B-1/B-2 visas (Hermosillo decreased from 5.5 months to <0.5 months; Mexico City decreased from 10 months to 2.5 months).

City/Post Interview required B-1/B-2 visas average wait times Interview required B-1/B-2 visas next available appointment Interview required F, M, J visas next available appointment Interview required petition-based H, L, O, P, Q visas next available appointment
Beijing NA <0.5 months[JG1] 1.5 months 1.5 months
Chennai (Madras) 1.5 months 1 month 1 month 2 months
Ciudad Juarez 5 months 14.5 months <0.5 months <0.5 months
Guatemala City NA 2 months <0.5 months <0.5 months
Hermosillo NA <0.5 months <0.5 months <0.5 months
Ho Chi Minh City NA <0.5 months <0.5 months <0.5 months
Hyderabad 7.5 months 8 months 2.5 months 3 months
Mexico City 6.5 months 2.5 months 1 month <0.5 months
Mumbai (Bombay) 9.5 months 10 months 2.5 months 1.5 months
New Delhi 6.5 months 8 months <0.5 months <0.5 months
Shanghai NA 1.5 months 3.5 months 1 month

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.

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.

U.S. Citizenship and Immigration Services has updated its Temporary Protected Status Designated Country: Haiti webpage following a federal court order on Feb. 2, 2026, pausing the Secretary of Homeland Security’s termination of Temporary Protected Status (TPS) designation and related benefits for Haiti.

Key takeaways:

Federal court stays Haiti TPS termination. On Feb. 2, 2026, the U.S. District Court for the District of Columbia in Miot et al. v. Trump et al. (No. 25-cv-02471-ACR (D.D.C.) “grants plaintiffs a renewed motion for a stay under 5 U.S.C. § 705, Dkt. 81.,” effectively pausing the Secretary of Homeland Security’s TPS termination decision for Haiti published in the Federal Register on Nov. 28, 2025, with the termination date effective Feb. 3, 2026.

Employment authorization document validity dates automatically extended. According to the USCIS update, “The validity of Employment Authorization Documents (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.”

E-Verify webpage provides additional Form I-9 guidance. The E-Verify webpage provides additional guidance on completing certain Form I-9 fields regarding the extended expiration dates, including the following instructions: “Employers may download the alert and TPS Haiti webpages and attach them to Form I-9.”

BAL will continue to monitor related developments and provide updates.

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.

Today, U.S. Citizenship and Immigration Services updated its Temporary Protected Status Designated Country: Ethiopia webpage following a federal court order in January pausing the Secretary of Homeland Security’s termination of Temporary Protected Status (TPS) designation and related benefits for Ethiopia.

Key takeaways:

Federal court stays Ethiopia TPS termination. On Jan. 30, 2026, the U.S. District Court of Massachusetts in African Communities Together et al. v. Noem et al (No. 26-cv-10278-BEM (D. Mass.) stayed (i.e., paused) the Secretary of Homeland Security’s TPS termination decision for Ethiopia published in the Federal Register on Dec. 15, 2025, with the termination date effective Feb. 13, 2026.

Employment authorization document validity dates automatically extended. According to the USCIS 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.”

BAL will continue to monitor related developments and provide updates.

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 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 Feb. 9, the department is adjudicating PERM applications filed in September 2024 and earlier and reviewing appeals for reconsideration filed in September 2025 and earlier.

These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request date for reviewing appeals reflects the month and year in which cases that are currently being reviewed were appealed. 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

Determinations Month Calendar Days
Analyst Review January 2026 512

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 Feb. 9, the National Prevailing Wage Center is processing PWD requests filed in November 2025 for H-1B OEWS* and Non-OEWS* cases and PERM OEWS cases. For PERM Non-OEWS cases, the department was processing requests filed in October 2025 and earlier.

*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 October 2025 and earlier for both H-1B and PERM cases.

Center Director Reviews were being conducted for PERM cases filed in August 2025 and earlier.

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.

Following a procedural ruling by the Ninth Circuit Court of Appeals on Feb. 9, 2026, U.S. Citizenship and Immigration Services updated its Temporary Protected Status (TPS) Designated Country webpages for HondurasNepal and Nicaragua, noting the termination of TPS and prior extensions of Employment Authorization Documents (EADs) for each country are in effect.

Key takeaways:

District court vacated TPS termination: On Dec. 31, 2025, the Northern District of California vacated the Secretary of Homeland Security’s termination of TPS designations for Honduras, Nepal and Nicaragua, determining that the decisions violated the Administrative Procedure Act. In response, USCIS updated its website to indicate that EADs had been extended per the court order.

Federal government granted a stay pending appeal: On Feb. 9, 2026, the Ninth Circuit Court of Appeals granted the government’s movement for a stay (postponement) of the district court’s vacatur order, allowing the termination of TPS status for Honduras, Nepal and Nicaragua to stay in effect while the appeal continues. The order states:

“We conclude that the government is likely to succeed on the merits of its appeal either by showing that the district court lacked jurisdiction or by prevailing on plaintiffs’ arbitrary-and-capricious APA challenge.”

No final decision: The order issued by the Ninth Circuit is a procedural ruling. The court has not made a final decision on the matter.

Additional information: Employers should continue to check the USCIS TPS page for further government guidance. BAL will continue to monitor related developments on this matter and provide updates.

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 from Oct. 1, 2025–March 31, 2026:

The Department of Labor reported that, as of Feb. 3, a total of 6,198 cases were issued final decisions. Certified positions for this period were allocated for 115,710 workers.

Applications for requested need date from April 1–Sept. 30, 2026:

The DOL reported that, as of Feb. 3, a total of 374 cases were issued final decisions. Certified positions for this period were allocated for 5,641 workers.

H-2B prevailing wage determination (PWD) processing times:

As of Feb. 3, the number of remaining requests for H-2B visa PWD applications received in November 2025 was 30. The number of remaining requests for December 2025 was 518. The disparity between November and December reflects the impact of the government shutdown from Oct. 1–Nov.12, 2025.

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. 

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.

Following a ruling issued by a federal court on Feb. 2, 2026, U.S. Citizenship and Immigration Services updated its Temporary Protected Status (TPS) Designated Country: Haiti webpage, noting that certain Employment Authorization Document (EAD) validity dates have been automatically extended per the court order.

Key takeaways:

Haiti TPS termination decision stayed: On Feb. 2, 2026, the U.S. District Court for the District of Columbia issued an order (Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.)) staying (i.e., postponing) the Secretary of the Department of Homeland Security’s decision to terminate Haiti’s TPS designation effective Feb. 3, 2026. The order states:

“During the stay, the Termination shall be null, void and of no legal effect. The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the valid period of work authorization extends during the stay.”

Certain EAD validity dates auto-extended: According to the USCIS Haiti TPS webpage, “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.”

DHS determining next steps: DHS noted that it “vehemently disagrees with this order and is working with the Department of Justice to determine next steps.”

Additional information: BAL will continue to monitor related developments on this matter and provide updates.

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.

On Feb. 2, 2026, the State Department released two updates containing adoption exceptions regarding its visa issuance suspension for certain foreign nationals and the immigrant visa processing pause.

Key Points:

  • Following the State Department’s updated guidance in December implementing two presidential proclamations (10998 and 10949) that suspend visa issuance and/or entry for certain foreign nationals based on security and vetting deficiencies, effective Jan. 1, 2026, the department has added the following exception to both the suspended visa issuance policy and the immigrant visa processing pause:

“Children being adopted by Americans can qualify for an exception, including a National Interest Exception pursuant to Presidential Proclamation 10998, if applicable. These American families should continue the normal adoption process. They should submit visa applications and attend consular interviews. They do not need to take other additional steps to be considered for a case-by-case exception under the National Interest Exception.”

  • The full list of limited exceptions regarding the suspended visa issuance policy can be found here.
  • FAQs regarding the immigrant visa processing pause can be found here.

Additional Information: BAL will continue to monitor policy developments and provide updates as the Department of State releases further operational guidance.

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 Department of Homeland Security has published a final rule in the Federal Register (FR) formally establishing the Gordie Howe International Bridge (GHIB) as a class A port of entry for immigration purposes and as part of the Port of Detroit for customs purposes.

Key Points:

  • Purpose: As a designated United States class A port of entry, the GHIB crossing allows Customs and Border Protection (CBP) to more efficiently process travelers and goods and enforce customs and immigration laws at the site. According to the FR, “GHIB will be an innovative crossing as it will have a highway-to-highway connection. This seamless connection benefits the international trade industry and the public.”
  • Location: The bridge is located between Detroit, Michigan, and Windsor, Ontario, in Canada.
  • GHIB opening date: The crossing is not currently open. CBP will notify the public when the GHIB border crossing is fully operational and open to public use on the CBP website.
  • Rule effective date: The final rule takes effect March 2, 2026.

Additional Information: Regarding the classification of ports of entry, CBP explains that “Class A means that the port is a designated port of entry for all travelers. Class B means that the port is a designated port of entry for travelers who at the time of applying for admission are lawfully in possession of valid Permanent Resident Cards or valid nonresident aliens’ border-crossing identification cards or are admissible without requiring a waiver of inadmissibility.”

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 Department of Homeland Security will issue a temporary final rule, scheduled for publication on Feb. 3, 2026, authorizing up to 64,716 additional H‑2B visas for fiscal year (FY) 2026 with phased allocations, an “irreparable‑harm attestation” and certain filing-window dates.

Key Points:

  • Effective date: The rule is effective from Jan. 30Sept. 30, 2026, except for 20 CFR 655.69 (outlining certain document-retention provisions for H-2B employers for FYs 2022–26), which is effective from Jan. 30, 2026–Sept. 30, 2029.
  • Availability: According to the rule, the supplemental visas “will be available only to those American businesses that are suffering or will suffer impending irreparable harm, i.e., those facing permanent and severe financial loss, as attested by the employer.”
  • Three allocation groups: The visas will be distributed in three allocations, each with a specific filing window, based on the petitioner’s start date of need through the end of the fiscal year. The three allocations are grouped as follows:
    • Allocation one: 18,490 immediately available visas limited to returning workers issued H‑2B visas in FYs 2023, 2024 or 2025 and with Jan. 1–March 31, 2026, needed start dates. Petitions must be filed no later than 14 days after the second half of the statutory cap is reached.
    • Allocation two: 27,736 visas, plus any unused visas from the first allocation, limited to workers issued H‑2B visas in FYs 2023, 2024 or 2025 and with April 1–30, 2026, needed start dates. Petitions must be filed no later than 15 days after the second half of the statutory cap is reached.
    • Allocation three: 18,490 visas, plus any unused visas from the first or second allocations, for nonimmigrant workers available for eligible workers with May 1–Sept. 30, 2026, needed start dates. Petitions must be filed no earlier than 45 days after the second half of the statutory cap is reached.
  • Petitioner eligibility requirements: Eligible petitioners must meet certain criteria to qualify for the FY 2026 supplemental caps in accordance with the temporary final rule. The criteria include but are not limited to:
    • Meeting all existing H-2B eligibility requirements
    • Properly filing Form I-129 with U.S. Citizenship and Immigration Services
    • Submitting an attestation affirming that the employer is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested on the petition
  • Excluded petitions: H-2B petitions under provisions related to the FY 2026 supplemental numerical allocations received after Sept. 15, 2026, will not be accepted. H-2B petitions received after Sept. 30, 2026, will not be approved.

Additional Information: As previously reported by BAL, the Department of Labor announced that it “will make an additional 35,000 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2026, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year.”

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.