Regulatory Agenda: Key Immigration Reforms to Watch

This page serves as an ongoing resource for monitoring proposed, pending and recently finalized policy changes that may affect employment‑based immigration. As DHS releases updates through the Unified Agenda and related rulemaking notices, Envoy Global will continue to track key developments, expected timelines and potential impacts on employers and foreign national talent.

Proposed Rules

DHS Proposes New Penalties for Unpaid Asylum Fees (Interim Final Rule)

DHS has released an interim final rule implementing fee and compliance changes required under H.R. 1, including new consequences for unpaid Annual Asylum Fees and updates that may affect certain work authorization categories.

Key Provisions

• USCIS will reject asylum applications if the Annual Asylum Fee is not paid within 30 days.
• Individuals without a valid status may be placed into removal proceedings after a rejection.
• Employment authorization tied to a pending asylum application will be denied or terminated if the fee is unpaid.
• USCIS will retain the Form I‑589 filing fee even when an application is rejected.
• Temporary Protected Status (TPS) Employment Authorization Documents (EADs) will be limited to one year or the remainder of the designation period.
• A new minimum fee of $24 will apply to Form I‑102 (replacement/initial arrival‑departure document).

Timeline

• The interim final rule is scheduled to take effect May 29, 2026.
• Public comments are open through June 29, 2026.

Clarification of Discretionary Employment Authorization for Certain Alien Populations (1615‑AC98) 

Expected Publication: Upon release of the Notice of Proposed Rulemaking in the Federal Register 

First Reported by Envoy Global: April 2, 2026

Focus: The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), is proposing significant amendments to regulations governing when certain noncitizens may receive discretionary employment authorization. The rule would apply to individuals who: 

• Have final orders of removal but are temporarily released from custody under an order of supervision (OSUP), 
• Are paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, or 
• Have been granted deferred action. 

According to DHS, the proposed changes are intended to enhance public safety and national security, preserve the integrity of the immigration system, and strengthen protections for U.S. workers by refining the standards and processes for granting employment authorization to these populations. 

Next Steps: Once the Notice of Proposed Rulemaking (NPRM) is released, the public will be able to review the full proposal and submit comments during the designated comment period. 

Revisions to Prevailing Wage Rules for Foreign Workers (DOL NPRM)

Expected Publication: Upon release of the Notice of Proposed Rulemaking in the Federal Register

Focus: The Department of Labor (DOL) has released a proposed rule that would revise how prevailing wage levels are calculated for the PERM, H‑1B, H‑1B1 and E‑3 programs. The proposal would update the four‑tier OEWS‑based wage methodology to better align prevailing wages with those paid to similarly employed U.S. workers and strengthen program integrity.

The NPRM outlines changes to “the computation of wage levels under the Department’s four‑tiered prevailing wage structure,” which is based on the Occupational Employment and Wage Statistics (OEWS) survey administered by the Bureau of Labor Statistics. DOL indicates that these updates could raise required wage levels for certain occupations and create more consistency across temporary and permanent employment‑based programs. The agency also notes that 57.6% of FY 2024 PERM applications involved workers already in H‑1B status, underscoring the need for unified wage protections.

Key Elements of the Proposal:

• Revises how DOL calculates wage levels under the four‑tier OEWS framework.
• Aligns prevailing wage levels more closely with U.S. worker wages, reducing incentives to use lower‑paid foreign labor.
• Applies consistent wage protections across PERM and H‑1B‑related programs.
• Updates the four‑tier structure required by the INA, which ties wage levels to experience, education and supervision.

Next Steps: A public comment period will begin once the proposed rule is published in the Federal Register. DOL will review and consider all submitted comments before issuing a final rule. For more information on this rule proposal, read our news alert.

Improving Wage Protections for H‑1B and PERM Employment in the United States (1205‑AC30)

Expected Publication: Upon release of the Notice of Proposed Rulemaking in the Federal Register 

Focus: The Department of Labor (DOL) has advanced a proposed rule to update the calculation of prevailing wages for the H‑1B, H‑1B1, E‑3 and PERM programs. The proposal, titled “Improving Wage Protections for H‑1B and PERM Employment in the United States,” has recently completed review by the Office of Information and Regulatory Affairs (OIRA), a required step before publication in the Federal Register. 

DOL first submitted the proposal for federal review two months ago. While the full text remains unavailable until publication, the agency has indicated that it is considering changes to prevailing wage determinations. These updates could result in higher required wage levels for certain roles and may align wage methodologies more closely across temporary and permanent employment categories. 

DOL has not released additional details, and the contents of the proposal will remain confidential until the Notice of Proposed Rulemaking is published. Once released, employers and stakeholders will have the opportunity to review the full text and submit comments. 

A public comment period will begin upon publication of the proposed rule in the Federal Register. 

Immigrant Worker Reforms (RIN 1615-AC85) 

Expected Publication: Janauary 2026

Focus: USCIS is preparing a proposed rule to modernize and clarify regulations governing employment‑based immigrant petitions in the EB‑1, EB‑2 and EB‑3 categories.

The proposal is expected to:

• Update evidentiary standards for extraordinary ability, outstanding professors and researchers and national interest waiver (NIW) classifications
• Codify existing policy guidance, including successorship‑in‑interest and ability‑to‑pay requirements
• Clarify what constitutes a bona fide job offer
• Formalize site‑visit authority in the immigrant petition context

Once published, the NPRM will undergo a public comment period before any changes take effect.

H-1B Program Reform (RIN 1615-AD00) 

Expected Publication: December 2025

Focus: DHS plans to revise:

• Eligibility for H‑1B cap exemptions
• Oversight of third‑party placements
• Scrutiny of employers with prior violations

The goal is to strengthen program integrity and protect U.S. workers’ wages and working conditions.

Medical Examination and Vaccination Requirements for Immigration (RIN 1615-AC37) 

Expected Publication: December 2025

Focus: DHS proposes updates to medical examination and vaccination requirements for immigration benefits, including how civil surgeons conduct and report medical exams.

While primarily procedural, the rule may indirectly affect employment‑based green card applicants by influencing timelines or access to required medical documentation.

Rule Changes in Review 

Public Charge Ground of Inadmissibility (RIN 1615-AD06)

DHS published a proposed rule on November 19, 2025, to rescind the 2022 public charge regulations and revise how officers determine whether an applicant is likely to become a public charge under INA 212(a)(4).

Key Details

• Would withdraw the 2022 public charge regulation
• NPRM is in the public comment review stage
• Public comments submitted in Dec. 2025 and Jan. 2026 include responses from state officials, disability‑rights groups and research organizations
• USCIS released supplemental economic analysis materials, including updated benefit‑usage assumptions and cost‑impact modeling

What’s Next

DHS will review all comments before issuing a final rule. No publication timeline has been announced.

Employment Authorization Reform for Asylum Applicants (RIN 1615‑AC97)

DHS published a proposed rule on February 23, 2026, that would significantly revise eligibility and processing standards for employment authorization based on pending asylum applications.

Key Details

• Would pause initial (c)(8) EAD filings when average affirmative asylum processing times exceed 180 days
• Extends the waiting period to apply for an initial asylum‑based EAD from 180 to 365 days
• Replaces the 30‑day adjudication requirement with a 180‑day processing timeframe
• Adds new eligibility bars tied to certain criminal grounds, late‑filed asylum applications, and unlawful entry (with limited exceptions)
• Requires biometrics for all initial and renewal applications
• Allows USCIS to prioritize asylum cases with derogatory information
• Automatically terminates (c)(8) EADs following asylum denials, depending on appeal posture

What’s Next

The NPRM is open for public comment through April 24, 2026. DHS will review all submissions before issuing a final rule.

Rule Changes That Have Taken Effect

Weighted H-1B Registration Lottery  

The DHS Fall 2025 Unified Agenda also includes a proposed rule to implement a weighted H-1B registration lottery that favors higher wage levels. This rule was officially published in September 2025 and is currently open for public comment. For a full breakdown of how it works and what it means for employers, see Envoy Global’s news alert. 

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