This Week in Immigration

1.      Department of Labor Proposed Rulemaking Revising Method to Calculate Prevailing Wage

For US Businesses

Prevailing wage is a critical component of many employment-based visas ( such as PERM EB-2/ EB-3, H-1B, and H-2B), dictating the minimum that must be paid to immigrant and nonimmigrant workers in those categories.  The Department of Labor has proposed rules that will revise the way to calculate prevailing wages, effecting a raise across all wage levels.  Notice and comment periods last 60 days.  After which, DoL will review comments from the public and make final changes as appropriate.

2.      Department of State Online Processing for Certain Employment-Based Immigrant Visas

For US Businesses and Noncitizen Workers Submitting Employment-Based Visa Petitions

Department of State recently confirmed that employment-based immigrant visa petitions submitted in or after November 2025 will now be sent electronically to the National Visa Center after approval.  Furthermore, documents submission for those cases may also be done electronically  

This may not seem like a big deal, but until recently, I-140 processing at the NVC was still done with physical documents.  Submission had to mailed instead of sent electronically.  Contrast that with I-130 family-based petitions, which had enjoyed the (relative) convenience of electronic processing for some time.

3.      H-1B Lottery Selections Made

For US Businesses

Shortly after the close of H-1B registration period some weeks back, USCIS announced the individuals selected to file H-1B petitions.  Congrats to everyone who won the lottery!

H-1B petitions may be submitted between April 1 and June 30.  If you have not been selected, lookout for a second round of selection later this year.  Not everyone selected in the first round has their petitions approved.

4.      USCIS Lifted Holds on Certain Immigration Benefit Requests

For Those Whose Applications Are Subject to USCIS Holds

The U.S. Citizenship and Immigratio Services provided an update on the recent series of policy changes meant to tighten screening procedures for applicants of various immigration benefits. Importantly, the update mentioned that the holds over certain categories of benefit requests have been lifted:

·         Noncitizens in Minnesota vetted through Operation PARRIS;

·         Certain petitions filed by U.S. Citizens;

·         Intercountry adoption forms;

·         Certain scheduled naturalization oath ceremonies;

·         Statutory and regulatory decision issuance;

·         Refugee registrations for South African citizens/nationals;

·         Certain Special Immigrant Visa petitions;

·         Certain work permit applications; and

·         Asylum application from non high-risk countries.

5.      Visa Line Advances in Family and Employment Visa Categories

For Everyone

April 2026’s visa bulletin shows unusually large advancements in several visa categories.  Below, we list the notable categories relevant to our mainland-born Chinese clients.

·         F1, spouse of permanent residents...........................................................174 Days

·         F2B, unmarried and over 21 y/o sons and daughters of permanent residents...... ............................................................................................................................173 Days

·         EB1, including extraordinary ability individuals, scholars, and intracompany transferees ...........................................................................................................30 Days

·         EB3, skilled workers, professionals, and other workers............................. 44 Days