Immigration Updates: July 7, 2026

Fewer dramatic decisions and potentially more friction points for employers and travelers: exit screening, re-verifying work permits, departure screening, wage-year data, and flying-while-pregnant.

Not unauthorized yet, but maybe soon

Last week we highlighted the Supreme Court decision in Mullin v. Doe that precludes federal courts from reviewing non-constitutional challenges to the Department of Homeland Security’s termination of Temporary Protected Status (TPS): thus permitting DHS to end the programs for Haiti and Syria. Lower courts had previously issued injunctions blocking terminations and ordering extensions of Employment Authorization Documents (EADs); those courts must now adjust their orders consistent with Mullin. USCIS E-Verify and SAVE issued guidance recognizing that affected TPS beneficiaries (Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen) will maintain their status and employment authorization in the United States until that time.

HR and payroll teams responsible for I-9 reverification, E-Verify, and SAVE should note that the SAVE manual responses will identify the person as “Temporary Protected Status - Employment Authorized - Temp Emp Auth,” show an employment-authorized-through date of July 10, 2026, and include DHS comments that TPS and employment authorization are extended per court order while the relevant USCIS TPS country page should be checked regularly. It describes the July 10, 2026 work-authorization date as a placeholder extension that may change depending on DHS and lower-court action. It is thus not a stable expiration date for all practical purposes. As different district courts may dissolve stays for different TPS countries at different times, anticipate rolling terminations and/or reverification’s.

Affected employers should develop a country-by-country reverification plan, a process for checking alternative work authorization, and consider action when employment authorization has actually expired (not necessarily when the document expires) and no valid List A or List C document is presented.

Really, you just gotta keep checking this page, scrolling down to ‘Countries Currently Designated for TPS,’ and taking it from there. You’ll have to skim through the summaries, which are essentially “the stupid judge ruled against us even though the Supreme Court said we’re better,” etc., and scroll down again to the section for “Automatic Employment Authorization Document (EAD) Extension.”

wages

The U.S. Department of Labor’s Office of Foreign Labor Certification(OFLC) publishes wage levels that serve as the baseline pay standard in a number of employment-based immigration programs, so employers use them to assess whether a proposed job offer meets the required minimum compensation. OFLC updates wage data each year to set benchmarks for paying foreign workers for jobs tied to labor certification and work-visa filings, including H-1B, H-2B, and many employment-based green cards. Last week it released updated wage data (for the period of July 2026 through June 2027, effective July 1, 2026), effectively setting the wage levels to be used in recruiting, budgeting, compliance decisions, and and responses to government requests for evidence.

The OFLC also announced that employers seeking H-2B workers with an October 1, 2026 start date were required to file during the designated registration window of July 3–5, 2026. Applications submitted before the filing window opened are subject to denial, while timely filed applications will be randomly assigned for processing.

EB-5 stuff

Created in 1990 to stimulate the economy through job creation and capital investment by foreign investors (and their immediate family members) seeking green cards, the EB-5 immigrant funnels qualifying investment in a U.S. business that will create jobs for U.S. workers. It has since been used as a financing source for development projects, especially through the regional center program, which allows investors to pool capital in federally approved regional centers that are meant to promote economic growth. (With the pleasant side effect of the centers sponsoring a lot of the conferences we attend.)

While generally seen as successful, the program has also dealt with concerns about needing stronger integrity safeguards, including better oversight of investments, promoters, project governance, and the risk of fraud or abuse in the petition process.

USCIS published a proposed rule on July 2, 2026 titled EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification. The Act adds anti-fraud and oversight measures while also reauthorizing the regional center program through September 2027. The point of the law was to make the program more transparent and accountable (addressing documentation, promoter registration, investment duration, targeted employment areas, project governance, and revocation risk), while still keeping it available for investors who create jobs and invest in U.S. businesses. Comments may be submitted until August 31, 2026.

birth-tourism

In light of last week’s decision in Trump v. Barbara defeating the Trump Administration’s attempt to end birthright citizenship, a leaked memo indicates that the Department of Justice (DOJ) is moving to address the issue via investigations of visitors for visa fraud and false pretenses, using their full scope of available tools for prosecutions, including criminal charges under visa fraud, money laundering, identity theft, and wire fraud statutes via a “birth tourism initiative” that has been active since April. Those traveling while pregnant may face additional scrutiny regarding their stated purpose of travel, misrepresentation, funding, lodging, and organized birth-tourism services.

Smile

Prepare to have your picture taken on the way out. All international travelers (excluding U.S. citizens) departing the U.S. may be required to provide biometrics upon departure; earlier exemptions for children under 14 and adults over 79 have been removed. Last week DHS published a Final Rule amending how biometric collection systems integrate into the broader immigration framework. Custom and Border Protection (CBP)’s biometric exit system does not require physical contact, primarily using facial comparison, taking your picture at the departure gate (or other inspection point) and, within seconds, matching it with your passport or visa photos, verifying departure, and updating their records. If a “hit” appears, they may thus address it before you board. Essentially, anything that could have caused an issue on the way in may now cause an issue on the way out, so perhaps make your way to the gate a bit earlier than planned if you’ve had significant immigration or criminal issues in the past (and carry clarifying documentation). The window for public comment on the rule remains open until August 28, 2026. Check CBP alerts here.

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
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