Dear Readers,
The immigration system is again being reshaped through executive orders, presidential proclamations, and agency directives that reach into some of the most important parts of the legal immigration process: who may receive a visa, who may enter the United States, who must pay new entry-related charges, and how USCIS adjudicates applications and petitions already filed by people seeking lawful immigration benefits.
These measures are not abstract policy debates. They affect employers trying to hire needed workers, universities and hospitals relying on international talent, families waiting for long-delayed benefits, students planning their futures, and foreign nationals who have followed the rules only to see those rules changed midstream. The H-1B proclamation imposing a $100,000 payment requirement is one of the clearest examples. Issued in September 2025, it restricts entry of certain new H-1B workers unless a petition is accompanied or supplemented by the required payment or the worker receives a national-interest exception. The proclamation was announced as a temporary 12-month measure, but its practical effect has been immediate and profound for employers, workers, and communities that depend on the H-1B program.
Other actions target visa issuance and entry more broadly. In December 2025, the administration issued Proclamation 10998, expanding country-based visa and entry restrictions. The State Department has stated that the proclamation applies to certain foreign nationals outside the United States who did not hold a valid visa as of January 1, 2026, while also stating that visas issued before that date would not be revoked under the proclamation. These restrictions have been paired with expanded screening and vetting initiatives, including USCIS policies affecting the handling of pending benefit requests by nationals of designated countries. USCIS announced in March 2026 that it would continue strengthening screening and vetting procedures, and earlier policy guidance expanded adjudication pauses for certain pending benefit requests tied to “high-risk countries.”
Siskind Susser is participating in litigation challenging these kinds of actions because they go to the heart of the statutory immigration system Congress created. The question is not whether the executive branch has an important role in national security, foreign affairs, visa processing, and immigration enforcement. It plainly does. The question is whether that authority allows the government to impose new barriers, fees, suspensions, or adjudication freezes that override the Immigration and Nationality Act, disrupt already-established procedures, or deny benefits without the process required by law.
The lawsuits we are involved in focus on that line. When a proclamation effectively rewrites the terms for H-1B entry by adding a six-figure payment requirement, courts must ask whether Congress authorized that result. When visa issuance is suspended or restricted by broad executive action, courts must ask whether the action is consistent with the statutes governing admission, inadmissibility, and visa eligibility. When USCIS slows, pauses, or alters adjudications for categories of applicants, courts must ask whether the agency is complying with its legal obligations to decide cases fairly, consistently, and within the bounds of the law.
If you want to learn more about these cases and what else is going on in immigration law, follow our social media feeds. We normally provide a simultaneous livestream over the firm’s Facebook and YouTube pages and on my X and LinkedIn accounts on Wednesday evenings at 7 pm central time.
And please feel free to reach out to our firm for a consultation to discuss your case. If you are interested, please go to www.visalaw.com/consultation.
Sincerely,
Greg Siskind
Global Mobility News
Written by Marshal Garbus
What’s Changing with Citizenship by Descent (Italy and Canada)
If you’ve ever wondered whether your family heritage could qualify you for citizenship in another country, two major developments in Italy and Canada are worth knowing about.
Italy Tightened Its Rules
For generations, Italy had one of the most generous citizenship-by-descent policies in the world. If you could trace your family tree back to an Italian ancestor from as far back as the 19th century (a great-great-grandparent, for example) and show that Italian citizenship was never formally given up along the way, you could potentially claim an Italian passport. Millions of people in the United States, Brazil, Argentina, and elsewhere have taken advantage of this over the years.
That changed in May 2025. Italy passed a new law that limits who can claim citizenship through ancestry. Now, to qualify, you generally need to have a parent or grandparent who was Italian, not a great-grandparent or beyond. The new rules also survived a recent legal challenge with Italy’s Constitutional Court upholding them in March 2026.
Canada Expanded Its Rules Significantly
Canada moved in the opposite direction. Under the old law, citizenship could only be passed down one generation outside of Canada. So, if your parent was born in Canada but you were born abroad, you were Canadian. But your children, also born abroad, were not. This cutoff created a frustrating gap, where families with clear Canadian roots found themselves unable to pass citizenship to the next generation.
In December 2025, Canada passed Bill C-3, which changed this. For anyone born before December 15, 2025, the generational limit has been revised. If you can trace an unbroken line of Canadian citizenship back to a grandparent or even a great-grandparent, you may already be a Canadian citizen, you just need to apply for a certificate proving it. For children born after December 15, 2025, the Canadian parent must have spent at least three cumulative years physically in Canada before the child’s birth, to pass on automatic Canadian citizenship. The reform has generated enormous interest, particularly among Americans exploring their options, and Canadian archives are reporting record numbers of requests for historical birth and marriage records.
Takeaway
These two changes illustrate how citizenship law can shift quickly, and in opposite directions. If you have Canadian heritage that seemed out of reach, it may now be available. Either way, the window for acting on these rules can narrow without much warning, and documentation takes time to gather. If you think you might qualify for citizenship by descent in any country, or want to discuss how these changes may affect you, now is a good time to start the conversation.
In the News from ABIL
FY 2027 Initial H-1B Registration Selection Process Completed
U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2027 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
USCIS Releases Update on Screening/Vetting of Foreign Nationals
U.S. Citizenship and Immigration Services outlined a series of actions it has implemented to screen and vet foreign nationals after issuance of related policy memoranda. I am running a few minutes late; my previous meeting is running over.
Supreme Court Hears Oral Arguments on Birthright Citizenship
The Supreme Court heard oral arguments on President Trump’s bid to eliminate “birthright citizenship” for children of undocumented and temporary foreign nationals in the United States. Under the executive order being challenged, the U.S. government would no longer recognize the U.S. citizenship of children born in the United States to temporary visa holders.
DOL Releases Long-Anticipated Prevailing Wage Proposed Rule
The Department of Labor DOL released a long-anticipated proposed rule that could significantly reshape prevailing wage requirements for H-1B, PERM, and related programs.
DOS Announces Expansion of Social Media Vetting to Additional Nonimmigrant Visa Classifications
Effective March 30, the agency will expand its “online presence review” to include applicants in additional nonimmigrant visa classifications: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U classifications. These are in addition to H-1B applicants and their dependents, and the F, M, and J student and exchange visitor visa applicants already subject to social media review.
Texas to Require Proof of Legal Status for Professional Licensing
The new ruling affects not only doctors and lawyers but also barbers, electricians, educational professionals, dog breeders, used car parts recyclers, cosmetologists, accountants, and others who obtain licenses to operate.
U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the H-2B temporary nonagricultural worker statutory cap for the second half of Fiscal Year (FY) 2026. USCIS also announced that filing dates for the second and third allocations of the supplemental H-2B visas for FY 2026 are now available.
‘Keep Innovators in America Act’ Would Codify OPT Program
A newly introduced bipartisan bill would codify the Optional Practical Training program for international students in the United States. The bill is aimed at attracting and retaining U.S.-trained talent.
DOS Adds 12 More Countries to List Subject to Visa Bonds for B-1/B-2 Visas
A citizen or national traveling on a passport issued by one of the listed countries who is found otherwise eligible for a B-1 or B-2 visa must post a bond for $5,000, $10,000, or $15,000. The amount is determined at the time of the visa interview.
Immigrant visa issuance rates for people from certain countries have decreased. Consequently, to make visas available to prospective immigrants from other countries, the dates for filing and final action dates have been advanced across various immigrant visa categories.
DOS Final Rule Amends Diversity Visa Program Documentation Requirements
The new amendments require a DV petitioner to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or to otherwise indicate that the applicant is exempt.
USCIS Updates Guidance on Automatic Extensions of Work Authorization for TPS Beneficiaries
USCIS said that if a TPS beneficiary presents a TPS-based Employment Authorization Document (EAD) and timely filed a renewal application that was pending on or filed after July 22, 2025, but before October 30, 2025, their automatic extension is limited to one year or the duration of TPS, whichever is shorter.
SAVE Releases Updates on TPS for Several Countries
In response to recent court orders, U.S. Citizenship and Immigration Services’ Systematic Alien Verification for Entitlements (SAVE) program and E-Verify released updates on Temporary Protected Status for Burma, Ethiopia, Haiti, South Sudan, and Syria.
Global Entry Program Restarted Amid Partial DHS Shutdown
The Global Entry Program, which the Trump administration had paused amid a partial Department of Homeland Security shutdown due to a lapse in funding, was reactivated on March 11, 2026.
Middle East: Alert for Employers and Travelers
As instability spreads across the Middle East amid the U.S.-Israel conflict with Iran, the Alliance of Business Immigration Attorneys has provided tips for employers and travelers.
Appeals Court Allows Haitian TPS to Remain Pending Further Litigation
The Trump administration is widely expected to appeal the decision to the Supreme Court.
Yemen TPS to End on May 4, 2026
The Department of Homeland Security published a notice terminating the Temporary Protected Status designation for Yemen effective May 4, 2026.
U.S. Reportedly Sets Goal of Processing 4,500 South Afrikaner Refugee Applications Per Month
To accomplish this goal, trailers are being set up on U.S. Embassy property in Pretoria.
DOL’s Proposed 2027 Budget Would Make OFLC a Separate DOL Agency
The Department of Labor’s (DOL) proposed budget for Fiscal Year 2027 would make the Office of Foreign Labor Certification (OFLC), currently under the Employment and Training Administration, a separate and independent DOL agency reporting directly to the Deputy Secretary.
New ICE I-9 Inspection Policy Increases Risks for Employers
A new fact sheet indicates a change in policy that increases the risks for employers by reclassifying some former technical violations as substantive.
The Department of State’s Visa Bulletin for May notes that dates for filing and final action dates have been advanced across various immigrant visa categories, and that sufficient demand and increased number use by India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date or make the category unavailable.
House Passes Bipartisan Bill to Extend Haitian TPS; Fate in Senate is Uncertain
Ten House Republicans and one independent voted for the bill in addition to all of the House Democrats.
DOL Proposes Rule Clarifying Joint Employer Status
The Department of Labor’s Wage and Hour Division published a proposed rule that would address joint employer status under federal wage and hour laws.
Trump Gold Card: Amid Contradictory Statements, Just One Approved So Far
Secretary of Commerce Howard Lutnick said that just one Trump Gold Card has been approved so far, but that “there are hundreds in the queue that they are going through.”
Trump Admin Considers Sending Afghan Refugees in Camp Who Aided United States to DRC
According to reports, after halting a U.S. resettlement program for Afghan refugees who had aided the United States in various ways during the U.S. war against the Taliban, the Trump administration is considering sending up to 1,100 of those currently in Camp As Sayliyah, a former U.S. military base near Doha, Qatar, to the Democratic Republic of the Congo and possibly other countries.
State Department Visa Bulletin
To view the April 2026 Visa Bulletin from the State Department, click here.