DOS Releases March 2026 Visa Bulletin – EB-2 Current for Early Filing for All Countries Except China and India

On February 19, 2026, DOS released the March Visa Bulletin. Due to the various presidential proclamations and DOS policy restricting immigrant visa issuance for nationals of certain countries, the number of visa numbers being used is lower than expected. As such, DOS has advanced the dates for filing and final action dates across various immigrant visa categories. Of course, as additional immigrant visa demand materializes due to the advanced movement in the visa bulletin, and if the administration amends its policies, retrogression may be necessary later in the fiscal year to keep visa number issuances within annual limits.

USCIS has stated that for the month of March, family- and employment-based applicants may use the Dates for Filing charts.

Of particular significance, the employment-based EB-2 category was designated current for Early Filing for nationals of all countries except China and India. This means that all applicants, except those born in China or India, with a pending or approved EB-2 I-140 can file an I-485 adjustment of status application starting March 1, 2026. Furthermore, if you were planning to file an EB-2 I-140 in March, you can also concurrently file an I-485 application to adjust your status. Although the adjustment of status application cannot be approved until your priority date is current under the Final Action Dates chart, early filing allows you to have your green card application in queue for possibly faster adjudication in the future. Additionally, an application for Advance Parole and/or an Employment Authorization Document (work permit) can also be filed with an I-485 application.

Other notable movement in the March Visa Bulletin:

• EB-2 Final Action Date moves forward to October 15, 2024 for all countries except China and India
• EB-3 Final Action Date moves forward by several months for all countries except China and India
• EB-4 Final Action Date moves forward by about 6.5 months for all countries
• EB-2 Early Filing Date for India moves forward by almost a year to November 1, 2014
• EB-3 Early Filing Date for all countries except China and India moves forward by about 3.5 months
• EB-4 Early Filing Date moves forward by almost 2 years to January 1, 2023

H-1B Lottery Registration Period Announced

USCIS has announced that the initial registration period for the fiscal year 2027 H-1B cap will open at noon EST on March 4, 2026, and run through noon EST on March 19, 2026. The registration fee this year is $215 per registration. New this year is the weighted selection process USCIS will utilize in the H-1B cap lottery. Under the new system, registrations will be assigned to the relevant Occupational Employment and Wage Statistics wage level and entered into the selection pool as follows: registrations assigned wage level IV will be entered into the selection pool four times, those assigned wage level III will be entered into the selection pool three times, those assigned wage level II will be entered into the selection pool two times, and those assigned wage level I will be entered into the selection pool one time.

Once the selection process is complete, USCIS will notify those selected in the lottery by March 31, 2026. H-1B petitions for selected beneficiaries may be filed with USCIS starting April 1, 2026. Note that the new proclamation fee of $100,000 may apply to some of these H-1B petition filings.

Current Government Shutdown Update

Annual appropriated funding for DHS lapsed on February 14, 2026. As a result, we are in a partial government shutdown as of midnight on Friday, February 13, 2026. However, most DHS functions will keep operating despite the shutdown because they are considered “essential” or because they have separate funding mechanisms. For example, USCIS is a fee-funded agency, which allows it to keep operating even during government shutdowns. ICE and CBP personnel continue working because they are considered “essential.” Meanwhile, DOL and DOS have been funded for the remainder of fiscal year 2026, which ends on September 30, 2026. As such, the current government shutdown is minimally impacting the day-to-day functions of most DHS activities.

Texas Suspends H-1B Sponsorship for State Colleges & Agencies — Florida May Follow Suit

On January 27, 2026, Governor Greg Abbott directed all Texas public universities and state agencies to refrain from filing new H-1B petitions unless the Texas Workforce Commission provides written permission. The freeze on new H-1B filings is in effect through May 31, 2027. In addition, public universities and state agencies were instructed to submit detailed reports to the Commission, including the number of new or renewed H-1B visa petitions filed in 2025, the number of H-1B visa holders currently sponsored, job titles, countries of origin, and visa expiration dates. Further, the universities and agencies must provide documentation showing that they made an effort to hire qualified Texans for the positions filled with H-1B visa holders.

Meanwhile, Florida is considering a similar restriction on H-1B sponsorship filings by state universities. The state university system’s Board of Governors set up for final approval a proposal that would restrict the use of the H-1B program for new hires through January 5, 2027.

DOL Issues New Flyer for Employers on Project Firewall

The U.S. Department of Labor (DOL) released a new informational flyer for employers regarding Project Firewall, an enforcement initiative with the stated purposes of ensuring employers comply with the H-1B program and qualified American workers are not unfairly displaced. The flyer includes H-1B employer’s obligations and how to report violations. Employers are encouraged to review the flyer to confirm their compliance with H-1B program rules. The flyer is available here.

Federal Judge Blocks DHS Plan to End Haiti TPS

On February 2, 2026, the U.S. District Court for the District of Columbia issued an order staying the TPS Haiti termination, thereby preserving TPS protections for eligible individuals while the litigation proceeds. This ruling provides continued stability for Haitian TPS holders and underscores the evolving legal landscape surrounding TPS designations. As a result of the stay, the validity of Employment Authorization Documents (EADs) issued under the TPS designation of Haiti is extended per court order.

DHS Moves Forward with Termination of Yemen TPS

On February 13, 2026, Secretary of Homeland Security Kristi Noem announced she was ending the TPS designation for Yemen. The TPS termination will be effective 60 days after the notice of termination is published in the Federal Register. As of February 20, 2026, the notice had not yet been published. Similar to other TPS-designation terminations, litigation is likely to be pursued by affected individuals.

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