Federal Agencies, FR Regulations & Notices
DOL and DHS will issue a temporary rule authorizing the issuance of up to 64,716 additional H-2B visas in FY26. The rule is effective 1/30/26-9/30/26. An advance copy of the rule, to be published in the Federal Register on 2/3/26, is available.
Featured Issues
This page provides key information on the FY2027 H‑1B cap-subject filing season. It will be updated with official announcements, policy guidance, and tools to assist practitioners. Check back often for filing dates, regulatory updates, and compliance resources to ensure timely, accurate submissions.
Federal Agencies, FR Regulations & Notices
USCIS 60-day notice of the reinstatement with change of Form I-129H2A, Petition for a Nonimmigrant Worker: H–2A Classification. Comments are due 3/30/26. (91 FR 3912, 1/29/26)
Federal Agencies, Agency Memos & Announcements
USCIS announced that the initial registration period for the FY 2027 H-1B cap will be open 3/4/26-3/19/26. The announcement shares information the registration process, the new weighted slelection process, and the $100,000 H-1B fee.
Cases & Decisions, Federal Court Cases
The court ruled DHS exceeded its authority by vacating Venezuela’s TPS designation and shortening Haiti’s TPS period, finding TPS statute allows only designation, extension, or termination—not midstream vacatur—and requires strict procedures. (Nat’l TPS All., et al. v. Noem, et al., 1/28/26)
Agency Memos & Announcements
DOL announced it will be conducting onducting system maintenance on the Foreign Labor Application Gateway (FLAG) System on 1/30/26, 8:30 PM-11:00 PM ET. System users may experience issues or delays submitting cases during this time.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 30, 2026.
1/30/26
Professional Resources
Learn how to establish boundaries with clients and yourself to attain better work-life balance, including what to put in your engagement agreement and how to discuss it with clients.
Federal Agencies, FR Regulations & Notices
USCIS 60-day notice of the extension without change of the e-Request Tool. Comments are due 3/30/26. (91 FR 3913, 1/29/26)
1/29/26
AILA Doc. No. 26012904.
Press Releases
AILA leadership responded to the Senate vote to block passage of a combined spending bill, driven by opposition to increasing funding to DHS without, at the same time, enacting meaningful measures that check the unlawful abuses and violence being committed in cities across the nation.
1/29/26
AILA Doc. No. 26012903.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that where the respondent did not appear at a hearing, was properly served with notice, and DHS provided evidence of their removability, the IJ erred in continuing proceedings rather than entering an in absentia removal order. Matter of Laurent Castro, 29 I&N Dec. 419 (BIA 2026)
AILA Blog
AILA Past President Jeremy McKinney describes how Congress normalized “arming a civil enforcement agency with criminal-style power while insisting the Constitution counts for less” and what must be done to ensure “Civil law is not a back door to a police state.”
1/29/26
AILA Doc. No. 26012901.
AILA Announcements
As the Senate continues negotiating funding bills, and a vote potentially loos, AILA is urging Congress to oppose any increase in funding for DHS. Use our advocacy tools to quickly and easily contact your senators and urge them to oppose increased funding for DHS.
Professional Resources
As the threat of more ICE surges comes up, immigration firms are implementing workplace safety protocols to give a sense of security and preparedness. Here is how to do it.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 29, 2026.
1/29/26
Practice Resources
AILA National shares information on how federal agencies may be affected as a result of the potential partial government shutdown. This page will continue to be updated as more information is received.
Practice Resources
The Verification and Documentation Committees provides a comprehensive chart on current status, key updates, and EAD notes for TPS and parole programs.
Federal Agencies, Agency Memos & Announcements
CBP’s Carrier Liaison Program issued a bulletin on the suspension and restriction of entry of first-time arriving refugees pursuant to Executive Order 14163.
Professional Resources
Life can bring moments of bad news and disappointments. How we handle those moments can make a huge difference in our well-being. Laura Kelley and Charity Anastasio talk strategies for these times in this well-being skills builder. This program was originally a part of Lawyer Well-Being week 2023.
AILA Blog
AILA member Joey Barnett describes how EB-5 has evolved from a niche corner of immigration law to "one of the most dynamic, high-stakes, and fast-evolving areas that U.S. immigration attorneys handle."
1/28/26
AILA Doc. No. 26012861.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 28, 2026.
1/28/26
Professional Resources
Learn more about the environmental and energy costs created by the AI revolution and the need for sustainability going forward.
Professional Resources
Paul Unger, a lawyer and productivity guru, regularly presents on time management techniques for lawyers. Here are ten of Unger’s best tips for managing your time better.
Practice Resources
Immigration detention facilities often subject detainees to inadequate and punitive conditions, affecting immigrants' ability to fight their cases. This guide outlines how attorneys can document these violations and use them to support their clients' legal cases and broader advocacy efforts.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 27, 2026.
1/27/26
Client Flyers
AILA provides a flyer members can share with clients to provide an overview of the FY2027 H-1B lottery season, including the planned introduction of a weighted selection process. Available as a generic PDF version and a Word version you can customize with your firm's information. Please share.
Federal Agencies, Agency Memos & Announcements
ORR issued a revision of Field Guidance #24 – ORR Division of Sponsor Administration Role Guidance, which provides guidance to ORR Unaccompanied Alien Children Bureau Care Providers participating in federally led sponsor vetting. ORR is restructuring the Sponsor Vetting Program.
Congressional Updates
AILA sent a vote recommendation to the Senate on 1/26/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 26, 2026.
1/26/26
Practice Resources
AILA's DOL Committee provides recommendations on how to avoid Requests for Information (RFI's) on prevailing wage requested survey, based on continued conversations with DOL's OFLC. A review of previous meeting notes is also recommended.
AILA Announcements
The AILA Law Journal seeks submissions related to immigration and the expansion of executive authority for its Spring 2026 issue. Articles must be within the range of 2,500-7,000 words, including citations. The submission deadline has been extended to 2/16/26.
1/26/26
AILA Doc. No. 19072960.
AILA Governance
View the schedule of upcoming AILA Board of Governors meetings.
1/23/26
AILA Doc. No. 99900686.
Practice Resources
On January 6, 2026, USCIS updated the TPS websites for Honduras, Nepal and Nicaragua to reflect the December 31, 2025 decision in National TPS Alliance et al. v. Noem et al. Please see practice alert for employer implications.
Professional Resources
Discover how intentional legal design can transform immigration law firms from burnout-prone environments into resilient, sustainable practices built for real people.
Federal Agencies, Agency Memos & Announcements
DOL released a flyer for employers regarding "Project Firewall," an enforcement initiative with the stated purpose of ensuring employers comply with the H-1B program's standards preventing displacement of U.S. workers. The flyer includes H-1B employers' obligations and how to report violations.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 23, 2026.
1/23/26
Cases & Decisions, Federal Court Cases
The court held that the record compelled the conclusion that the petitioner’s reporting of her beatings by her partner to Honduran authorities would have been futile, and thus granted the petition for review as to her asylum and withholding claims. (Guevara-Serrano, et al. v. Bondi, 1/20/26)
Cases & Decisions, Federal Court Cases
The court held that USCIS’s denial of affirmative asylum applications as to Temporary Protected Status (TPS) holders does not constitute final agency action under the APA, and affirmed the district courts’ dismissals of the plaintiffs’ APA lawsuits. (Sayegh de Kewayfati v. Bondi, 1/14/26)
Cases & Decisions, Federal Court Cases
The court held that substantial evidence supported the BIA’s denial of CAT deferral to petitioner, concluding that El Salvador’s harsh prison conditions were not specifically intended to inflict torture and that the risk of future torture was speculative. (Fuentes-Pineda v. Bondi, 1/14/26)
Federal Agencies, FR Regulations & Notices
DHS 60-day notice of the reinstatement of Form I-945, Public Charge Bond. USCIS uses Form I-945 to ensure that the conditions of the bond are fully articulated and met when USCIS accepts the public charge bond posting. Comments are due 2/23/26. (90 FR 44694, 9/16/25; 91 FR 2790, 1/22/26)
Federal Agencies, FR Regulations & Notices
USCIS notice of reinstatement with change of Form I-356, Request for Cancellation of a Public Charge Bond. Comments are due by 2/23/26. (90 FR 45238, 9/19/25; 91 FR 2791, 1/22/26)
Professional Resources
Nonprofit lawyers typically carry some of the highest caseloads among immigration practitioners. This article will focus on common ethics issues that arise in nonprofit organizations that assist immigration clients and offers practical tips and best practices when lawyers transition in their career.
1/22/26
AILA Doc. No. 22100306.
Ethics
Correspondence
AILA sent a letter to USCIS regarding reports that USCIS local field offices and customer service channels are refusing to recognize the continued lawful status of EB-5 investors and derivatives following the denial of Form I-829.
AILA Blog
AILA member Yalda Hajavi reflects on the spiritual aspect of the immigration journey, writing that “anyone who has lived through the process knows that it’s also an internal journey—one that demands patience, resilience, and a deep sense of purpose.”
1/22/26
AILA Doc. No. 26012203.
Professional Resources
Jumpstart 2026 with these sample technology policies to help your firm stay on track.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 22, 2026.
1/22/26
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the written warnings on respondent’s initial asylum application provided respondent with statutorily compliant notice of the consequences of filing a frivolous application, irrespective of the absence of oral warnings by an IJ. Matter of S–M–H–, 29 I&N Dec. 412 (BIA 2026)
Federal Agencies, Agency Memos & Announcements
Whistleblower Aid disclosed to the Senate, on behalf of two anonymous U.S. Government officials, an unreleased ICE policy directive allowing agents to enter residences to conduct arrests and removals without consent or a warrant issued by a federal judge. The document includes the memo text.
Federal Agencies, Agency Memos & Announcements
DHS announced that it is temporarily increasing the stipend for eligible individuals who “self-deport” using the CBP Home App from $1,000 to $2,600.
1/21/26
AILA Doc. No. 26012106.
Federal Agencies, Agency Memos & Announcements
DHS Secretary issued a memo on congressional oversight visits to ICE facilities, requiring Members of Congress to email Office of Congressional Relations 7 days in advance for permission to visit. It directs ICE to use H.R. 1 funding for these activities to avoid the 12/17/25 order in Neguse v. ICE.