Pabian Law Client Alert: Recent Immigration Actions (updated May 15, 2026)

Pabian Law Clients,

I hope everyone had a nice week!  Below, please find our latest update on the recent immigration actions that have occurred in the last two weeks:

U.S. Department of Homeland Security (DHS) to remove J-1 visa “duration of status”

On May 5^th, DHS submitted a final rule that would eliminate “duration of status” for F, J, and I nonimmigrant visas.  This means that these nonimmigrant visa holders would now be subject to fixed periods of stay within the U.S. rather than being admitted for the duration of their status (admitted for the entire time an individual is pursuing a full course of study/maintaining their program requirements) .  If the rule is published, it is likely that these visa holders would be required to apply for an extension of stay and complete a biometrics screening (i.e., a digital photograph, signature, and fingerprint) to stay beyond their specified admission period.

This new rule further reflects the Administration’s continued restrictive stance on student and exchange visitor visas, as well as its broader effort to expand vetting and screening of foreign nationals and international students.  Due to these ongoing challenges with the J-1 visa program, employers should continue to strategize their staffing needs by reducing their reliance on J-1 visas, using them to bring culture to their properties, if/when possible, rather than utilizing J-1 visas to fill staffing holes.

U.S. Citizenship and Immigration Services (USCIS) raises the stakes for petition signature defects

On May 11^th, USCIS published an interim final rule stating that immigration benefit requests with invalid signatures will be denied rather than rejected.  A denial would mean that USCIS retains the filing fee and the petitioner must file an entirely new petition again.  Previously, signature defects would only result in a rejection which meant that the package would be returned to the sender and the fee refunded.  USCIS states that they have documented an increase in invalid signatures, particularly signatures copied from other documents.  Therefore, in order improve case adjudication efficiency, USCIS will be denying petitions due to these defects.

This rule will go into effect on July 10, 2026.

Winter-season H-2B visa employers should absolutely NOT move to a September 30th start date

Recently, we have heard of some organizations recommending that winter season H-2B visa employers move up their start date to September 30th in order to “beat the cap.”  Winter employers should absolutely not do this, as this is irresponsible and awful advice.  Reasons why organizations should ignore this absurd advice include:

1. Moving to a September start date would move winter employers into the summer-season, forcing them to rely on the Supplemental Cap (cap relief).  While the government regularly makes additional out-of-country visas available through the Supplemental Cap (cap relief), it is never guaranteed and is completely at the discretion of the government to open these extra visas each year.
2. For next winter season, employers would be relying on a supplemental cap allocation that is available for H-2B visa start dates that fall between May 1^st and September 30^th.  This is the first year that this specific bucket has been available and there is a high likelihood that it will be exhausted well in advance of September start dates.  If that were to happen, organizations that move to a September start date would be in an awful situation and facing no out of country H-2B visa workers for next winter season.
3. In future years, employers filing with a September start date, would continue to likely see these supplemental visas used up by earlier summer employers, especially with increased demand each year.  This means that these winter employers would again get zero out-of-country workers.
4. Cap relief can change year-to-year.  Moving start dates is always dangerous and risks petition denials.  The government is always skeptical when an employer moves start dates, especially if the government believes that it is for cap-related purposes.  As a result, petition evidentiary requests and denials are very possible in these circumstances.
5. Filing under the Supplemental Cap, which would be necessary with a September start date, increases the chances of a government audit.  In this age of very harsh and punitive actions by the government for non-compliance, inviting extra scrutiny is foolish.
6. September is a very difficult month from a recruiting standpoint.  In general, H-2B visa workers are either looking to enter under the winter numerical cap starting for October 1st employers or are already with early summer employers whose seasons wind down in the fall.  Therefore, a September start date is often much less attractive to both, workers entering on out-of-country visas and those seeking in-country extensions.
7. While the H-2B visa numerical cap could be hit for the first time ever on October 1^st, we anticipate that the vast majority of filers will still be able to get out of country workers.

In short, moving to a September start date would be an extremely harmful cap strategy and we urge winter H-2B visa employers to ignore these foolish recommendations.

We hope that you find these resources helpful as we all try to make sense of what is really happening in the world of immigration law.

Thanks, everyone, and have a great weekend!

Best regards,

Keith and the Pabian Law Team