The holidays are almost here, and for HR teams that means budgets, headcount and hiring plans for next year. Several federal proposals could change what sponsorship costs and how long it takes, the next H-1B registration is only months away, and the holidays bring deadline risks of their own. This year-end immigration checklist covers what to decide before January.
What Is Still Pending
- Ending deference on extensions. U.S. Citizenship and Immigration Services (USCIS) would stop deferring to prior approvals on H-1B, L-1, O-1 and TN extensions and review each one as if it were new. The Department of Homeland Security (DHS) projects about 6,044 more Requests for Evidence a year, each adding roughly 64 days. Comments are due November 13. Read our full analysis.
- Ending the 60-day grace period. Workers in H-1B, L-1, O-1, TN and E status would lose the window of up to 60 days to find a new employer or change status after a job ends. Comments are due November 10, and the current grace period still applies.
- H-1B fees. The $100,000 payment remains blocked by two federal courts while the government appeals. A separate proposed fee of $103,265 on each cap-subject petition would apply in addition, but it has not been finalized.
- Fees for student work programs. DHS has proposed charging schools $70,000 for a student’s first Optional Practical Training (OPT) recommendation and $30,000 for each later one. That could shrink the pool of international graduates. Comments are due November 9.
- PERM changes. A Department of Labor proposal to update the PERM labor certification process has cleared White House review but has not been published.
Your Year-End Checklist
- Map 2027 expiration dates. List every work visa, work permit and green card milestone due next year. H-1B extensions can generally be filed six months before the current approval ends, and employees nearing the six-year H-1B limit may need green card steps started in time to qualify for further extensions.
- Pick H-1B lottery candidates now. USCIS has not announced dates, but last year’s registration opened March 4, cost $215 per registration and drew about 211,600 unique candidates for 85,000 spots. Selection is now weighted by wage level, so confirm roles and salaries in January and check that your USCIS online account is ready.
- Budget for higher costs. Premium processing for most Form I-129 and I-140 petitions has cost $2,965 since March 1. Employers with 50 or more U.S. employees, more than half of them in H-1B or L-1 status, now also pay the 9-11 fee on extensions ($4,000 for H-1B and $4,500 for L-1). Model the proposed $103,265 fee in case it becomes final.
- Review layoffs and recruitment together. Agencies now weigh an employer’s recent and planned layoffs in H-1B cases under Executive Order 14431. In October, a federal settlement also barred Cloudera from PERM for two years and required $2 million in back pay and penalties, over recruitment the government said bypassed normal hiring channels. Cloudera denies discriminating. Plan any restructuring with counsel.
- Renew work permits early. A final rule published October 14 ended automatic extensions for most work permit renewals, including those for H-4 spouses and employees with pending green card applications. File up to 180 days before the card expires, and check the monthly Visa Bulletin for green card filing windows.
- Don’t count on an extra day. Since October 23, a paper filing due on a weekend or federal holiday moves to the next business day only when the deadline is a set number of days, as with a 30-day response window. Deadlines tied to a specific date, like a child’s 21st birthday, do not move, and online filings get no extra day. Thanksgiving, Christmas and New Year’s Day are all coming up.
- Plan around December 11. Federal funding runs out that day unless Congress acts. Last year’s shutdown lasted 43 days, and past shutdowns stopped the Department of Labor from processing Labor Condition Applications and PERM filings. File time-sensitive cases before then.
- Brief employees before holiday travel. Anyone with a pending extension or change of status should talk with counsel before leaving the country. Those needing a new visa stamp abroad should allow extra time for appointments.
What Comes Next
Final versions of several proposals could arrive in early 2027. USCIS announced last year’s registration dates at the end of January, and the December Visa Bulletin usually comes out in mid-November. We will share updates as each one lands.
Klug Law Firm offers year-end immigration program reviews for HR teams. We map your 2027 deadlines and flag risks before January. Call (212) 495-9245 or use our contact form to schedule yours before the holidays.
This article is provided for informational purposes only and does not constitute legal advice.