Headlines:
OFLC Reminds Stakeholders of H-2B Submitting Timeline for 2026 Peak Submitting Season – The Division of Labor’s Workplace of International Labor Certification reminded employers and different stakeholders that the submitting window to submit an H-2B utility requesting work begin dates of April 1, 2026, or later, opened on January 1, 2026.
DOS Points Up to date Variety Visa Steering – The Division of State (DOS) launched up to date steering on variety visa issuance. The steering notes that efficient instantly, DOS has paused all visa issuances to variety immigrant visa candidates. Candidates should still submit functions and attend interviews.
District Court docket Guidelines In opposition to Plaintiffs in $100,000 H-1B Payment Lawsuit – In Chamber of Commerce v. Division of Homeland Safety, a district court docket has dominated in favor of the Division of Homeland Safety (DHS), discovering that imposition of a $100,000 price for brand new H-1B functions and associated actions have been authorized below a Presidential Proclamation.
Particulars:
OFLC Reminds Stakeholders of H-2B Submitting Timeline for 2026 Peak Submitting Season
On December 29, 2025, the Division of Labor’s Workplace of International Labor Certification (OFLC) reminded employers and different stakeholders that the submitting window to submit an H-2B Software for Short-term Employment Certification (Kind ETA-9142B and appendices) requesting work begin dates of April 1, 2026, or later, opened on January 1, 2026. H-2B functions requesting an April 1, 2026, work begin date will probably be denied in the event that they have been filed earlier than that date.
OFLC will randomly order for processing all H-2B functions requesting a piece begin date of April 1, 2026, that have been filed throughout the preliminary three calendar days (January 1-3, 2026) utilizing the randomization procedures revealed within the Federal Register on March 4, 2019.
If OFLC identifies a number of functions that seem to have been filed for a similar job alternative, OFLC will situation a Discover of Deficiency. If a number of filings have been submitted throughout the three-day submitting window, all functions will obtain a Discover of Deficiency requesting that the employer show that the job alternatives usually are not the identical. Employers that fail to determine a bona fide want for every utility will obtain a non-acceptance denial for every utility.
DOS Points Up to date Variety Visa Steering
On December 23, 2025, the Division of State (DOS) launched up to date steering on variety visa (DV) issuance. The steering notes that efficient instantly, DOS has paused all visa issuances to variety immigrant visa candidates.
DV candidates could submit visa functions and attend interviews, and DOS will proceed to schedule candidates for appointments, however no DVs will probably be issued. Current DV appointments typically won’t be rescheduled or canceled, DOS stated. No variety or different visas have been revoked as a part of this steering.
District Court docket Guidelines In opposition to Plaintiffs in $100,000 H-1B Payment Lawsuit
In Chamber of Commerce v. Division of Homeland Safety, a district court docket has dominated in favor of the Division of Homeland Safety (DHS), discovering that imposition of a $100,000 price for brand new H-1B functions and associated actions have been authorized below a Presidential Proclamation. “Defendants have the stronger place,” U.S. District Decide Beryl Howell stated. “The lawfulness of the Proclamation and its implementation rests on an easy studying of congressional statutes giving the President broad authority to control entry into america for immigrants and nonimmigrants alike.”
Decide Howell famous, “To be clear, this determination in favor of defendants is to not dismiss or low cost the previous and ongoing contributions of H-1B staff to the American financial system that plaintiffs spotlight. Essential as these contributions could also be, the consequences of the H-1B program on the American financial system or nationwide safety, whether or not constructive or unfavourable, are merely not at situation on this case. The Supreme Court docket has lengthy maintained that issues of financial and overseas coverage are typically entrusted to the political branches of presidency and ‘not often correct topics for judicial intervention.’ ”
