Book a Consultation Pay Online (212) 571-6002 Free Case Evaluation
Subscribe to our Newsletter
Subscribe to our Newsletter Book a Consultation Pay Online
About & Services
Free Case Evaluation
Practice Areas
Free Case Evaluation
Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

DOL Releases March 2026 PERM and Prevailing Wage Processing Times

The U.S. Department of Labor (DOL) has released its latest processing time update for PERM labor certifications and prevailing wage determinations (PWDs), providing important guidance for employers sponsoring foreign workers for employment-based green cards and H-1B visas.

According to the report dated March 5, 2026, the DOL is currently conducting analyst reviews for PERM applications filed in October 2024 or earlier. Cases that were selected for audit review are now being processed for applications filed in June 2025 or earlier. Additionally, the agency is reviewing PERM reconsideration requests filed in September 2025 or earlier.

For prevailing wage determinations, the DOL is issuing PWD decisions for PERM and H-1B prevailing wage requests filed in December 2025, including both OEWS-based and non-OEWS wage requests. The agency is also working on prevailing wage redeterminations submitted in November 2025 and PERM Center Director Review requests filed in December 2025.

These timelines indicate that PERM processing continues to face significant delays, with many cases taking well over a year for adjudication, particularly when audits or reconsideration requests are involved. Employers planning to sponsor foreign nationals for permanent residence are therefore advised to begin the PERM process as early as possible to avoid delays in green card processing.

Employers and immigration practitioners can monitor the most recent updates on the DOL’s Foreign Labor Application Gateway (FLAG) website, where monthly processing reports are published.


USCIS Places Hold on Green Card Applications for Nationals of 40 High-Risk Countries

The U.S. Citizenship and Immigration Services (USCIS) has begun holding the final adjudication of Form I-485 adjustment of status applications for nationals of approximately 40 countries classified as “high-risk” under Presidential Proclamation 10998. The directive comes through USCIS Policy Memorandum PM-602-0194 issued on January 1, 2026, which instructs officers to place an adjudicative hold on immigration benefit applications filed by individuals from countries subject to the proclamation.

Under this policy, even applicants who have completed their biometrics and adjustment of status interviews may not receive a final decision on their green card applications. Instead, USCIS officers are required to pause final approval while additional security vetting and interagency reviews are conducted. As a result, many applicants remain in extended pending status despite otherwise approvable cases.

Immigration practitioners report that the policy is affecting a wide range of benefit requests, including adjustment of status (I-485), immigrant visas, and other immigration benefits. Applicants from the listed countries may therefore experience significant delays in obtaining permanent residence, even after satisfying all eligibility requirements and completing interviews.

Attorneys advise affected individuals to maintain valid underlying status where possible, continue renewing employment authorization and advance parole if eligible, and monitor USCIS updates closely. Further guidance is expected as the government clarifies the scope and duration of the policy.

This development is likely to impact thousands of pending green card applicants, creating additional backlogs in an already strained immigration system.


State Department Issues Final Rule Requiring Passports for Diversity Visa Lottery Applicants

The U.S. Department of State has published a final rule amending the Diversity Immigrant Visa Program (DV Lottery) that will introduce a mandatory passport requirement for lottery applicants. The new rule will take effect on April 10, 2026 and will apply beginning with the DV-2027 Diversity Visa Program.

Under the new regulation, individuals submitting a Diversity Visa lottery entry must provide valid, unexpired passport information as part of the electronic registration form. Applicants will also be required to upload a scanned copy of the passport’s biographic and signature page when submitting their lottery application. Registrants who qualify for an exemption from the passport requirement must specifically indicate that exemption during the entry process.

The rule also introduces several technical updates to the program’s terminology and instructions. Among the changes, the State Department will replace the term “gender” with “sex” and replace “age” with “date of birth” in the application instructions to better reflect the information collected during registration.

The State Department noted that these changes will be implemented for the DV-2027 lottery cycle, although the agency has not yet announced the official registration period for the DV-2027 program. The start of the next lottery registration has therefore been delayed pending further announcement.


DHS Announces Termination of Temporary Protected Status (TPS) for Yemen

The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for Yemen, following a review of current country conditions. According to a Federal Register notice, Secretary of Homeland Security Kristi Noem determined that Yemen no longer meets the statutory requirements for TPS designation.

The decision was formally made on February 13, 2026, after consultation with relevant U.S. government agencies responsible for assessing humanitarian and security conditions in the country. As a result, TPS protection for Yemeni nationals will officially end on May 4, 2026, which is 60 days after the publication of the Federal Register notice.

Once TPS ends, affected individuals will lose their protected status and related employment authorization unless they have another lawful immigration status in the United States. DHS has indicated that individuals who do not have another legal status may use the CBP Home mobile application to report their voluntary departure from the United States once their TPS status terminates.


Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.