Publication
Immigration Update: Ten Developments Employers Need to Know
Here is a recap of recent DHS, DOS, and USCIS developments that employers need to know.
1. DHS Proposes Elimination of 60-Day Nonimmigrant Grace Period
A proposed rule under OMB review would eliminate the 60-day grace period for nonimmigrant workers whose employment ends. A 30–60-day comment period will follow publication.
What This Means: Nonimmigrant employees would have far less time to find a new sponsor, change status, or depart after a job ends.
Action Items to Consider:
- Monitor OMB and the Federal Register for the proposed rule and consider submitting comments once published.
- Review offboarding protocols for nonimmigrant employees now.
2. USCIS Processing Delays and Premium Processing Issues
USCIS is clearing a backlog from the 39 county adjudication pause. The government is missing premium processing deadlines, and approved petitions sometimes are not reflected in CBP systems, stranding employees at the border.
Action Items to Consider:
- File early. Do not rely on premium processing for hard deadlines.
- Have employees carry physical I-797 approval notices when traveling and confirm case status before international travel, especially for employees from affected countries.
- Check case status immediately if USCIS refunds a premium fee.
3. ICE Airport Enforcement and Data Sharing
Under a May 2025 TSA-ICE agreement, TSA shares passenger lists with ICE several times weekly. ICE uses this data for airport arrests, including people with valid work authorization. ICE has expanded its workforce by 120% and ended its “sensitive locations” policy.
What This Means: Employees with pending applications, expiring status, or prior removal history face detention risk during travel, even domestically.
Action Items to Consider:
- Advise at-risk employees to consult immigration counsel before travel.
- Have a point person and plan for airport detentions.
4. USCIS Can Now Deny Without Requests for Evidence (RFE) or Notice of Intent to Deny (NOID)
Effective August 5, 2026, USCIS can deny petitions outright for missing evidence without issuing an RFE or NOID.
What This Means: A missing document can now mean denial, requiring new fees, a new filing, and potentially lost priority dates.
Action Items to Consider:
- Build in extra lead time for evidence-gathering.
- Work closely with counsel on higher-risk or first-time filings.
- Include all evidence “arguments” in the initial submission.
5. B-1/B-2 Expedited Appointment Pilot at Mission Mexico
Starting July 21, 2026, B-1/B-2 applicants at Mission Mexico can pay $750 (plus the $185 MRV fee) for an interview within 10 business days. The fee accelerates scheduling only, not adjudication. Pilot runs through December 31, 2026.
Action Items to Consider:
- Evaluate whether $750 is justified for time-sensitive trips.
- Remind travelers this only speeds scheduling, not approval.
6. Visa Bond Program Final Rule: Increased Bond Amounts
Effective August 3, 2026, the visa bond pilot is permanent. Consular officers can require B-1/B-2 applicants from 50 designated countries to post bonds of $10,000-$20,000 (default $15,000). Entry/exit must be through designated airports.
Action Items to Consider:
- Check the designated-country list at travel.state.gov and budget up to $20,000 for the refundable bond.
- Book travel through designated airports and track departure deadlines for refund eligibility.
7. Alien Registration: Final Rule
On June 29, 2026, DHS published the final rule on alien registration. Most noncitizens in the U.S. for 30 days or longer must register using Form G-325R through their USCIS online account and attend a biometrics appointment. Failure to register or report address changes within 10 days carries fines up to $5,000 and up to six months imprisonment. DHS has indicated noncompliance will be a civil and criminal enforcement priority.
What This Means: Noncompliant employees face detention and removal risk, disrupting workforce availability. The 10-day address-change reporting obligation adds compliance exposure for mobile employees.
Action Items to Consider:
- Notify foreign national employees of the registration requirement and direct them to uscis.gov/alienregistration.
- Remind employees to carry proof of registration (I-94, I-551, EAD, or Proof of Alien Registration form) and report address changes within 10 days.
- Consult immigration counsel for employees who may not yet be registered.
8. New I-539 and I-765 Editions: No Grace Period
On September 15, 2026, USCIS will publish revised editions of Form I-539 and Form I-765 implementing fixed admission periods for F, J, and I nonimmigrants. There is no grace period — USCIS will reject prior editions postmarked or submitted on or after September 15, 2026.
What This Means: Old-edition filings arriving on or after September 15 will be rejected, potentially causing gaps in status or work authorization.
Action Items to Consider:
- File pending I-539 or I-765 applications using current editions before September 15, 2026, and alert employees with in-progress filings about the hard cutoff.
- Review the preview versions now, update internal filing templates, and coordinate with counsel to prioritize at-risk filings.
9. BIA Overrules Arrabally: Advance Parole Travel Now Triggers Bars
On August 13, 2026, the BIA issued Matter of Delcarmen-Lara, overruling Matter of Arrabally and Yerrabelly (2012). Under Arrabally, advance parole travel did not trigger the 3- and 10-year unlawful presence bars. Now, noncitizens with over 180 days of unlawful presence who travel abroad, even with valid advance parole, may be barred from reentry for 3 or 10 years.
What This Means: DACA recipients, TPS holders, and employees with pending adjustment of status who have accrued unlawful presence now risk being barred from reentry for years if they travel abroad, creating significant workforce disruption.
Action Items to Consider:
- Immediately advise employees with advance parole who may have accrued unlawful presence not to travel internationally until counsel has assessed their exposure.
- Review pending I-485 cases for unlawful presence issues and suspend domestic and international travel for at-risk employees until further guidance is available.
- Monitor for litigation and USCIS guidance, and consult counsel on whether unlawful presence waivers (Form I-601) may be necessary.
10. USCIS Mandatory E-Filing Framework
On August 11, 2026, DHS published an Interim Final Rule creating the framework for mandatory e-filing. No forms are immediately required to be e-filed, but USCIS can mandate e-filing for specific forms after 180 days of availability and 60 days’ notice. Twenty-one form types already meet the 180-day threshold. The rule creates a hardship waiver (Form I-936), but business filers and representatives are unlikely to qualify.
What This Means: Employers should expect mandatory e-filing announcements with as little as 60 days’ notice. Business filers are unlikely to receive waivers, so operational readiness is essential.
Action Items to Consider:
- Ensure USCIS online accounts are set up and begin transitioning paper-based workflows to electronic processes.
- Monitor USCIS announcements for mandatory e-filing designations, which could come with as little as 60 days’ notice.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 17 locations throughout the United States and in Mexico, including Phoenix and Tucson, Arizona; Los Angeles, Orange County, Palo Alto and San Diego, California; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno-Tahoe, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
