Frank Alvarado

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. Colombia Sees Increased Work Visa Delays and Heightened Scrutiny Employers sponsoring foreign nationals in Colombia may experience longer processing times and greater uncertainty as immigration authorities increase scrutiny of work visa applications. While no formal legislative or regulatory changes have been announced, recent adjudication trends suggest a more discretionary review process ahead of the country’s presidential transition on August 7, 2026. Reports indicate that work visa processing is increasingly exceeding the statutory 30-day adjudication period, with many applicants experiencing delays of several additional weeks. Authorities have also been exercising broader discretion by declaring some applications inadmissible or treating them as withdrawn, even where applicants believe they have submitted complete documentation. In addition, visa required foreign nationals have reportedly been instructed to refile under different visa categories than those originally selected. These developments may result in additional costs, longer processing times, and delayed employment start dates. The heightened review comes as Colombia prepares for a change in government, a period that often brings operational and administrative shifts. Employers should anticipate that visa processing practices may remain fluid while the new administration establishes its immigration policies. Impact: Although no formal policy changes have […]

IRCC has withdrawn the July 29, 2026 update to its C20 Reciprocity guidance and published a revised version dated August 6, 2026. The revised guidance removes the language that had suggested a foreign national must already be employed by the company abroad before qualifying under the C20 category. As a result, the guidance has effectively reverted to its previous wording, focusing on whether the proposed employment creates or maintains reciprocal employment opportunities for Canadians, without expressly requiring an existing overseas employment relationship. This is a welcome development for employers utilizing the C20 category, and we anticipate returning to the approach that existed prior to the July 29 guidance update. WR Immigration will continue to monitor developments and provide updates as additional information becomes available. If you have questions about this alert or its impact on your workforce, please contact your WR Immigration attorney or a member of the WR Immigration team.

The Department of Homeland Security (DHS) has issued new guidance implementing a significant change to the admission of J-1 exchange visitors. Effective September 15, 2026, J nonimmigrants who enter the United States or change to J status will generally be admitted for a fixed period of stay rather than for “Duration of Status” (D/S). Under the prior D/S framework, qualifying J nonimmigrants could remain in the United States as long as they continued to comply with the terms and conditions of their status. The new framework introduces an “Admit Until Date” (AUD) that establishes the last day an exchange visitor is authorized to remain in the United States in J status. The admission period generally may not exceed four years, although a 30-day period may be provided for departure or other action to maintain lawful status. What Is Changing? Beginning September 15, 2026, DHS will generally use the Program End Date on Form DS-2019 when determining an exchange visitor’s AUD. If the Program End Date occurs within four years of the Program Begin Date, DHS generally will admit the individual through that date, plus 30 days for departure. If the Program End Date exceeds four years, DHS may admit the […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. New F-1 Rule Changes Grace Periods for OPT and Status Extensions DHS’s new rule eliminating Duration of Status will significantly change how F-1 students maintain status during and after Optional Practical Training. Under the current framework, students generally receive a 60 day grace period after completing their program or authorized practical training. USCIS also provides certain post denial protections when an OPT or STEM OPT application is denied. Under the new fixed admission framework, the standard F-1 departure period will be shortened to 30 days. More importantly, OPT will become tied to the student’s fixed period of admission and, when necessary, an approved extension of stay. This creates several important distinctions: The rule therefore makes the expiration date on Form I-94 significantly more important for students, universities, and employers. DHS has also established special transition provisions for certain post completion OPT and STEM OPT cases during the first six months of implementation, meaning cases filed around the effective date will require separate analysis. Impact: The new framework leaves less room for error when OPT, STEM OPT, or an extension of stay is pending. Employers and students should closely track I-94 expiration dates […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. State Department Expands Premium B 1/B 2 Visa Appointment Pilot The U.S. Department of State has expanded its fee based pilot program that allows certain B 1/B 2 visitor visa applicants to obtain an earlier consular interview for an additional $750 fee. Effective August 18, 2026, the program now covers additional posts across the Americas. The pilot initially launched in Mexico and has expanded to include: Applicants who have completed Form DS 160 and paid the standard visa application fee may select a premium appointment, when available, that is scheduled within 10 business days. The State Department has emphasized that appointment quantities will be limited and additional consular posts may be added before the pilot concludes on December 31, 2026. Importantly, the $750 fee only expedites access to the visa interview. It does not accelerate adjudication, security screening, administrative processing, passport return, or visa issuance, and it provides no advantage in determining visa eligibility. Applicants considering appointments outside their country of nationality or residence should also review current restrictions on third country national processing before making travel arrangements. The State Department will evaluate the program after December 31 to determine whether the service should […]

The Department of Homeland Security (DHS) has proposed a sweeping new rule that would impose an additional $103,265 fee on every H-1B petition subject to the annual statutory cap. If finalized, the proposal would represent one of the most dramatic increases in the cost of employing H-1B professionals in the program’s history and could fundamentally reshape how U.S. employers recruit and retain highly skilled foreign talent. The proposal is just that—a proposed rule. It is not currently in effect, and employers should not assume that the fee will ultimately be implemented in its current form. The proposed regulation is scheduled for publication in the Federal Register on August 25, 2026, after which DHS will accept public comments for 30 days. DHS must review those comments and issue a final rule before the new fee can take effect. Significant litigation is also likely if DHS proceeds with the proposal. The Proposed $103,265 Fee Under the proposed rule, employers filing H-1B petitions subject to the annual cap would be required to pay an additional $103,265 per petition, on top of existing H-1B filing fees and other applicable charges. The proposal would apply to: The fee would reportedly be payable at the time of filing and would apply […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. DHS Advances New H-1B Reform Proposal The Department of Homeland Security is moving forward with another significant overhaul of the H-1B program. On August 24, 2026, DHS submitted its proposed rule, “Reforming the H-1B Nonimmigrant Visa Classification Program,” to the Office of Management and Budget for federal review. The proposal is classified as economically significant and remains confidential while OMB review is pending. No H-1B requirements have changed yet. However, DHS’s regulatory agenda identifies three major areas targeted by the forthcoming proposal: The potential cap exemption changes could be particularly important for universities, affiliated nonprofits, research organizations, teaching hospitals, and other employers that rely on cap exempt H-1B sponsorship. DHS has not yet disclosed which eligibility standards it plans to change. Third party placements are another key area to watch. Current regulations already permit USCIS to request contracts and supporting evidence, conduct site visits at third party locations, and examine whether a bona fide specialty occupation position exists. The new proposal could introduce additional requirements, but the details will remain unknown until the proposed rule is published. After OMB review, DHS is expected to publish the proposal in the Federal Register […]

Our March global immigration recap includes the latest on the EU’s implementation of the digital Entry/Exit System (EES), the United Kingdom’s updated guidance for sponsors of foreign workers, Australia’s skilled visa nomination income thresholds, Singapore’s new AI & Tech ONE Pass, and more.

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. SEVP Issues New Guidance on Curricular Practical Training The Student and Exchange Visitor Program (SEVP) has issued additional guidance to Designated School Officials clarifying when F-1 students may qualify for Curricular Practical Training. The August 24 guidance follows increased federal scrutiny of CPT authorizations that SEVP believes may not comply with existing regulatory requirements. SEVP emphasized that CPT must be an integral and required part of an established curriculum, distinguishing it from Optional Practical Training, which is not required to complete an academic program. According to the guidance, CPT generally cannot be offered through an optional elective if participation in practical training itself is optional. SEVP also clarified several compliance expectations: SEVP indicated that it has identified institutions where CPT appears to be treated more like optional employment rather than a required curricular component. The agency warned that schools failing to comply with federal requirements could face sanctions, including potential loss of SEVP certification. Impact: The guidance signals increased federal scrutiny of CPT programs and could affect universities, students, and employers relying on CPT employment for F-1 employees. Schools should review program structures and employer agreements, while employers should confirm that F-1 employees have […]

Employers with Salvadoran employees working pursuant to Temporary Protected Status (TPS) are facing an unusual compliance situation as DHS has not yet issued a formal decision regarding the future of El Salvador’s TPS designation. El Salvador’s current TPS period had been scheduled to end on September 9, 2026. As of that date, however, DHS had not published a termination or extension notice in the Federal Register. Instead, USCIS and E-Verify have posted guidance indicating that a further announcement regarding El Salvador TPS will be issued and, in the meantime, Salvadoran TPS beneficiaries continue to retain TPS protections, including employment authorization. While this provides important reassurance regarding continued status and work authorization, it leaves employers with a significant practical question: How should continued employment authorization be documented for Form I-9 purposes? At this time, USCIS, E-Verify, and SAVE have not provided updated expiration dates or specific Form I-9 instructions addressing this interim period. Why the Timing Matters The TPS statute requires DHS to periodically review whether the conditions supporting a country’s designation continue to exist. If DHS determines that the designation should end, termination generally cannot become effective earlier than 60 days after publication of the termination notice in the Federal Register. INA §244(b)(3)(B). The statute also provides that […]