U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year (FY) 2027 H-1B cap will open on March 4 and run through March 19, 2026.

Key Points:

• 15-day registration period: The FY 2027 H-1B cap initial registration period will open at 12 p.m. ET on March 4, 2026, and close at 12 p.m. ET on March 19, 2026.
• Process: Prospective H-1B cap-subject petitioners and representatives must submit registrations electronically through a USCIS online account and pay the required $215 H-1B registration fee for each petitioner.
  • H-1B petitioning employers and representatives without a USCIS online account must create an organizational account, but must wait until March 4 to enter beneficiary information and submit registrations and the associated $215 fee.
• Selection notifications: After the initial registration period closes, USCIS will conduct a random selection process if the number of registrations exceeds the annual cap. USCIS intends to notify USCIS account holders of selection results by March 31, 2026.
• Petition filing: Petitioners may only file an H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, if their registration for the beneficiary of the cap-subject petition was selected in the H-1B registration process.
• New “weighted selection” rule: The final rule implementing the weighted H-1B cap selection process, effective Feb. 27, 2026, will apply to the FY 2027 cap season. According to the USCIS announcement, “For the FY 2027 H-1B cap season, if we receive registrations for unique beneficiaries during the initial registration period that exceed the cap, we will conduct a weighted selection from the unique beneficiaries with properly submitted registrations. If we do not receive registrations for enough unique beneficiaries, we will select all registrations for unique beneficiaries that were properly submitted in the initial registration period.”
• $100K fee: Following the mandate under the H-1B proclamation, the announcement says “if a petitioner has their registration selected and is eligible to file an H-1B cap-subject petition, they may need to pay an additional $100,000 fee before filing the H-1B petition as a condition of eligibility.”

Further details on the electronic registration process can be found here. BAL will monitor related developments and provide additional updates as USCIS releases further details on the FY 2027 cap 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.

Major media news outlets have reported that the State Department has classified certain athletic competitions as “major sporting events” and that eligible athletes and coaches may be exempt from travel bans in order to travel to the United States for participation in these designated events.

Key Points:

• According to an Associated Press article, a State Department cable sent on Jan. 14, 2026, to all U.S. embassies and consulates said, “Athletes, coaches and support staff for the World Cup, the Olympics and events endorsed or run by a long list of collegiate and professional sporting leagues and associations would not be subject to the full and partial travel bans that apply to citizens of 39 countries and the Palestinian Authority.”
• The article also said that the cable emphasized “foreign spectators, media and corporate sponsors planning to attend the same events would still be banned unless they qualify for another exemption.”
• Designated “major sporting events” were said to include, among other events, “‘all competitions and qualifying events’ for the Olympic Games, Paralympic Games, Pan-American Games, and Para Pan-American Games; events hosted, sanctioned or recognized by a U.S. National Governing Body; all competitions and qualifying events for the Special Olympics; and official events and competitions hosted or endorsed by FIFA, soccer’s governing body, or its confederations.”
• Reporting also highlighted the following events to be covered by the exemption: “Official events and competitions hosted by the International Military Sports Council, the International University Sports Federation and the National Collegiate Athletic Association as well as those hosted or endorsed by U.S. professional sports leagues such as the National Football League, the National Basketball Association and Women’s National Basketball Association, Major League Baseball and Little League, National Hockey League, Professional Women’s Hockey League, NASCAR, Formula 1, the Professional Golf Association, Ladies Professional Golf Association, LIV Golf, Major League Rugby, Major League Soccer, World Wrestling Entertainment, Ultimate Fighting Championship and All Elite Wrestling.”

Additional Information: The Trump administration’s Dec. 16, 2025, proclamation provides for an exception to the travel and entry restrictions for “any athlete or member of an athletic team, including the coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State.”

Until recent reporting, it was unclear if an event qualified as an “other major sporting event” for purposes of this exemption. Although the State Department has not yet released public-facing guidance regarding clarification on what qualifies as an “other major sporting event,” it has released event-specific guidance regarding FIFA World Cup 26 visa interview appointments and clarification on certain immigration policies on its FIFA PASS FAQ webpage.

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.

On Jan. 28, 2026, in National TPS Alliance et al. v. Noem et al., the U.S. Court of Appeals for the 9th Circuit affirmed a district court ruling that set aside certain orders by the Department of Homeland Security vacating and terminating the Temporary Protected Status (TPS) designation for Venezuela and partially vacating TPS for Haiti, finding that the secretary of Homeland Security exceeded her authority under the TPS statute.

Key Points:

• In reaffirming the district court’s ruling setting aside the Venezuelan TPS vacatur and termination, and the Haitian TPS partial vacatur, the 9th Circuit held that DHS Secretary Kristi Noem “exceeded her authority under the TPS statute [8 U.S.C. § 1254a]” when she:
  • Terminated Venezuela’s 2023 TPS designation more than a year before its statutory end date
  • Partially vacated Haiti’s July 2024 TPS extension
  • Vacated the January 2025 TPS extension for Venezuela
• Despite the appellate court’s finding that “the Secretary’s unlawful actions … fundamentally contradict Congress’s statutory design, and her assertion of a raw, unchecked power to vacate a country’s TPS is irreconcilable with the plain language of the statute,” the decision has no immediate practical effect following the U.S. Supreme Court’s emergency stay order issued Oct. 3, 2025.
• Therefore, the information on the U.S. Citizenship and Immigration Services TPS webpage is up to date and those TPS termination timelines remain in effect.

Additional 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.

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. Customs and Border Protection (CBP) announced that Australian citizens are now able to apply for Global Entry through the Trusted Traveler Programs (TTP) platform.

Key Points:

• In addition to CBP screening, applicants must complete required background checks conducted by Australian authorities. The Australian Department of Home Affairs has resumed processing Global Entry applications for all eligible citizens.
• The announcement outlines the application process that includes but is not limited to the following:
  • Australian citizens must begin the process by submitting a Global Entry application through CBP’s Trusted Traveler Programs (TTP) website and paying the applicable nonrefundable fee.
  • After the TTP application is submitted, the Australian Department of Home Affairs will issue an invitation to complete the Australian background‑check portion of the process, along with paying the applicable fees.
  • Applicants can monitor their Global Entry status — including pending risk assessment, conditional approval or denial — in their TTP dashboard.
  • Once conditionally approved, applicants may schedule an interview at a Global Entry Enrollment Center or complete the interview through Enrollment on Arrival (EoA) when entering the United States. EoA does not require an appointment.
  • Applicants must bring their passport and a photo ID showing their current residential address to the interview. CBP officers will conduct an interview and collect required biometric information.
  • After the interview, CBP will issue a final eligibility decision through the applicant’s TTP dashboard.
  • Approved Global Entry benefits take effect immediately.
• Global Entry membership is valid for five years.
• More details can be found on the Australian Department of Home Affairs Global Entry Program webpage.

Additional Information: Australia officially became a Global Entry partner country in January 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 posted an update regarding the termination of the Temporary Protected Status (TPS) designation for Myanmar in response to a court order in ongoing litigation.

Key Points:

•  As previously reported, the Department of Homeland Security terminated TPS designations and related benefits for Myanmar, effective Jan. 26, 2026.
• The Jan. 23, 2026, ruling by the United States District Court for the Northern District of Illinois in Aung DOE et al. v. Noem et al. temporarily postponed the Secretary’s termination decision regarding Myanmar, stating: “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 validity period of work authorization extends for the period of postponement. … The Termination also has no effect on the eligibility for work authorization and protection from detention and deportation for individuals with pending applications.”
• USCIS updated its TPS webpage with the following in response to the court order: “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Burma (Myanmar) 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.).”
• With the federal court’s ruling effectively putting the termination on hold, according to the USCIS update, DHS stated it is “working with Department of Justice to determine next steps” and has not yet issued additional guidance for employers or TPS recipients from Myanmar.

Because litigation is ongoing in the above matters, employers and foreign nationals should continue to check the USCIS TPS page for further government guidance. 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 State Department released additional information on the previously announced FIFA Priority Appointment Scheduling System (FIFA PASS), which gives those who purchase FIFA World Cup 2026 tickets directly from FIFA and who opt in to FIFA PASS the chance to interview for a U.S. visa before the tournament begins.

Key Points:

• The FAQ page includes step-by-step instructions for ticket holders to schedule a visa interview appointment before the tournament begins. However, the FAQ states, “Scheduling an interview appointment via FIFA PASS does not guarantee the visa will be issued. Like all visa applicants, ticket holders undergo thorough security screening and vetting, and they must demonstrate they qualify for a visa.”
• In addition to addressing procedural issues regarding ticket purchase and interview appointments, the FAQ provides the following guidance and clarification on certain immigration policies:
• • Nationals from the 39 countries identified in presidential proclamation 10998 are still subject to entry restrictions, absent individually qualifying for an exception. According to the FAQ, the exception for athletes and members of the athletic team “does not apply to fans or spectators, regardless of whether they are eligible for FIFA PASS. Applicants who are subject to presidential proclamation 10998 may still submit visa applications and attend scheduled interviews, but they may be ineligible for visa issuance or admission to the United States.”
  • Nationals from countries subject to a visa bond must still abide by the visa bond pilot program requirements. As per the FAQ, “Nationals of visa bond pilot program countries who are found otherwise eligible for a B-1/B-2 visa must post a bond when instructed to do so by the consular officer before the visa can be issued. This requirement applies regardless of place of application and regardless of an applicant’s FIFA PASS eligibility.”
  • The pause on issuance of immigrant visas to nationals of the 75 identified countries does not apply to tourists. The FAQ clarifies that “the pause announced on Jan. 14, 2026, applies to the issuance of immigrant visas only. It does not apply to nonimmigrant visas, such as those for tourists, athletes and their families, and media professionals.”
• The complete FAQ can be viewed here.

Additional Information: BAL previously noted that the State Department advises “all visitors traveling to the U.S. are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the United States, unless they are a citizen of an exempt country” and that Canadian and Bermudan passport holders do not require any additional authorization for U.S. entry as tourists.

Foreign visitors from any of the 42 countries who participate in the Visa Waiver Program can apply using the Electronic System for Travel Authorization (ESTA). Visitors from all other countries are required to have a valid B-1/B-2 visitor visa.

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 updated global visa wait times on Jan. 14, 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.

January 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 December global visa wait time report. Work visa (H, L, O, P, Q) wait times for next available interview appointments showed increased wait times compared to last month for Beijing and Chennai/Madras. These wait times are expected to increase following the State Department’s mandate published Dec. 3, 2025, expanding the requirement for “online presence review” to include all H-1B visa applicants and their H-4 dependents.

Compared to an approximate global average wait time of less than 15 days to one month, Canadian cities/posts continue to have some of the longest average wait times for “interview required petition-based next available appointment” work visas, including Ottawa (6.5 months), Quebec (6.5 months) and Vancouver (4.5 months).

Although Shanghai’s average wait times for the work visa categories decreased by three months, it did see an increase in average wait times for student/exchange visitor visas (F, M, J) by 2.5 months, bringing the wait times for F, M and J visas to 3.5 months.

Interview-required B-1/B-2 visa average wait times decreased slightly for Hyderabad and New Delhi. However, Chennai/Madras showed a dramatic decrease in wait times month-over-month from seven months to 1.5 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	<0.5 months	2 months
Chennai (Madras)	1.5 months	1.5 months	1 month	3 months
Ciudad Juarez	5 months	15.5 months	<0.5 months	<0.5 months
Guatemala City	5 months	2 months	<0.5 months	<0.5 months
Hermosillo	6.5 months	5.5 months	<0.5 months	<0.5 months
Ho Chi Minh City	NA	<0.5 months	<0.5 months	<0.5 months
Hong Kong	NA	<0.5 months	NA	<0.5 months
Hyderabad	2.5 months	4 months	2 months	2.5 months
Mexico City	7 months	10 months	NA	1 month
New Delhi	2 months	8 months	1 month	NA
Shanghai	NA	1 month	3.5 months	<0.5 months

The cities/posts with the longest average wait times for interview-required B-1/B-2 visas for this reporting period are Toronto (18 months), Tegucigalpa (16.5 months), Merida (10.5 months), Ottawa (10 months) and Vancouver (10 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.

Applicants are reminded that post-specific instructions are available on the website of the U.S. embassy or consulate where the applicant schedules their interview. Links to U.S. embassies and consulates can be found here. Applicants should be aware 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.

The Department of Labor has published a Federal Register Notice announcing the annual update of the Adverse Effect Wage Rate (AEWR) for H‑2A workers engaged in herding or the production of livestock on the range.

Key Points:

• According to the notice, “The minimum wage rates the DOL has determined must be offered, advertised in recruitment, and paid by employers to H-2A workers and workers in corresponding employment so that the wages and working conditions of workers in the United States (U.S.) similarly employed will not be adversely affected.”
• The updated monthly AEWR is set at $2,132.41 for 2026, reflecting a 3.6% increase based on the Bureau of Labor Statistics Employment Cost Index for private industry wages and salaries from September 2024 to September 2025.
• The notice also states, “Any employer certified or seeking certification for range workers must pay each worker a wage that is at least the highest of the various wage sources listed in 20 CFR § 655.211(a)(1), including the monthly AEWR of $2,132.41, at the time work is performed on or after the effective date of this notice.”

Additional Information: Contact BAL for help with reviewing wage compliance and analyzing impacts on labor certification filings and ongoing petitions.

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 Jan. 14 that it is pausing all immigrant visa (IV) issuance to nationals of 75 countries, effective Jan. 21, 2026.

Key Points:

• The countries are identified as: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, the Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen.
• According to the announcement: “The Department of State is undergoing a full review of all policies, regulations and guidance to ensure that immigrants from these high-risk countries do not utilize welfare in the United States or become a public charge.”
• During this pause, IV applicants who are nationals from the affected countries can still submit applications and attend interviews (which the department will continue to schedule) with the understanding that no immigrant visas will be issued during this holding period.
• The pause does not apply to tourist visas, which the Department clarified “are nonimmigrant visas,” or dual nationals applying with a valid passport of a country that is not on the above-noted list of affected countries.
• The State Department notes: “No immigrant visas have been revoked as part of this guidance.”

Additional Information: The Jan. 14 announcement clarifies that the pause is specific to “all visa issuances to immigrant visa applicants.” Temporary workers, business travelers and tourists are considered nonimmigrants under U.S. law, not immigrant visa applicants.

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.

U.S. Mission Italy published a security alert announcing reduced availability of routine consular and visa services from Feb. 6 to March 15, 2026, due to operational impacts related to the Olympic and Paralympic Winter Games Milano Cortina 2026.

Key Points:

• The Olympic and Paralympic Winter Games Milano Cortina 2026 will take place in eight cities across northern Italy from Feb. 6 to March 15.
• Impacted services include, but may not be limited to, the following:
  • Routine American Citizens Services including passport applications (first time and renewals), notarial services and consular reports of birth abroad will be limited at consular posts in Milan, Rome, Florence and Naples from Jan. 26 to March 15, 2026.
  • Emergency passport services will remain available at all U.S. consular sections in Italy, including the consular agency in Venice.
  • Visa services will be limited countrywide, except for diplomatic, official and qualifying urgent travel cases.
• Applicants are advised to apply early and remain flexible when selecting a consular location, as earlier appointments may be available in Florence, Rome or Naples than in Milan.

Additional Information: Significant travel congestion is expected across northern Italy during the Games, which are anticipated to draw more than 2 million spectators. Transportation schedules may shift and entry waits may be longer.

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.