What You Missed In Immigration: Caps, Courts, and Gold Cards

Milow LeBlanc
Feb 9
3 min read

Last week's round-up of the biggest, need-to-know immigration news

U.S. Immigration News

H-1B Season Is Coming, Mark Your Calendars (and Your Budgets)

The FY 2027 H-1B registration window opens at noon Eastern on March 4 and slams shut on March 19. Employers must register online and pay a $215 fee per entry, with lottery results expected by March 31. But here's the kicker: DHS wage-weighted selection rules mean higher-paid roles get priority, and some employers could face a jaw-dropping $100,000 filing fee. If you haven't started planning, yesterday was a good time.

The PERM Takeaway: H-1B registration is just one piece of the foreign talent puzzle. Employers with long-term workforce needs should be running PERM recruitment now to build a pipeline that doesn't live and die by a lottery. A dual-track strategy, H-1B registration plus PERM processing gives you the best shot at retaining critical talent regardless of cap outcomes.

Border Encounters Hit a 50-Year Low

Migrant encounters at the U.S.–Mexico border plummeted to roughly 237,500 in FY 2025, the lowest in over five decades and a staggering drop from 1.5 million the prior year. The decline is attributed to ramped-up Mexican enforcement, tighter U.S. asylum rules under Biden, and expanded enforcement under the Trump administration.

The PERM Takeaway: Lower border numbers may cool some of the political heat around immigration, but don't expect a sudden embrace of employer-sponsored pathways. Workforce shortages persist, and the PERM process remains the most reliable route for employers to demonstrate a genuine need for foreign talent, regardless of the political headlines.

"Gold Card" Visa Faces Legal Challenge

A coalition of immigrant scholars and labor groups has sued President Trump over his "Gold Card" visa program, alleging it unlawfully prioritizes wealth over merit. The $1 million-plus fast-track visa allegedly diverts limited EB-1 and EB-2 slots away from scientists, doctors, and other highly skilled professionals, and critics say it bypasses Congress entirely, noting that investment-based visas already exist under the EB-5 program.

The PERM Takeaway: Whether the Gold Card survives court scrutiny or not, the lawsuit highlights just how competitive EB-1 and EB-2 visa categories have become. Employers sponsoring workers in these categories through PERM should ensure their recruitment efforts and documentation are airtight any disruption to visa allocation makes a well-prepared case more important than ever.

Federal Judge Blocks Termination of TPS for Haitians

A federal judge has indefinitely paused the Trump administration's plan to end Temporary Protected Status for Haitians, preserving work authorization and deportation protections for hundreds of thousands of individuals. Judge Ana C. Reyes found that DHS Secretary Kristi Noem lacked adequate justification for the immediate termination. DHS plans to appeal, but TPS remains in effect during court review.

The PERM Takeaway: For employers with TPS-holding employees, this is a reprieve, but not a resolution. TPS was never meant to be a permanent workforce solution. Companies relying on TPS workers should proactively explore PERM sponsorship to secure a more stable, long-term immigration status for valued employees before the legal landscape shifts again.

Public Opinion Shifts: More Americans See Immigration as a Benefit

A new YouGov/Economist poll shows a 15-point jump in Americans who say immigrants make the country "better off" rising from 31% in January 2025 to 46% today. Meanwhile, 50% of respondents described the current administration's immigration approach as too harsh.

The PERM Takeaway: Shifting public sentiment could create political space for employer-friendly immigration reform down the road. In the meantime, PERM remains the established, legally sound process for demonstrating that foreign workers fill roles Americans aren't available to fill a message that resonates with an increasingly immigration-positive public.

Global News

EU Unveils Sweeping Visa Policy Strategy

The European Commission has rolled out its first-ever EU Visa Policy Strategy, a multi-year roadmap to modernize and tighten visa rules across the Schengen Area. While no rules change overnight, expect stricter oversight of visa-free travel, expanded digital border systems, and new pre-travel authorization requirements starting in 2026.

The PERM Takeaway: Multinational employers, take note. As the EU tightens its borders, global mobility planning gets more complex. Companies with international operations should ensure their U.S. PERM and immigration strategies are coordinated with evolving overseas requirements a disjointed approach is a recipe for compliance headaches.

Ireland Extends Travel Relief for Non-EEA Residents

Ireland has extended its Travel Confirmation Notice through February 28, 2026, allowing certain non-EEA residents with recently expired Irish Residence Permits to travel while renewals are pending. The extension responds to ongoing registration backlogs delaying new IRP cards.

The PERM Takeaway: Processing backlogs aren't just a U.S. problem, they're a global reality. Employers sponsoring workers in any jurisdiction should build buffer time into their immigration timelines and keep meticulous records. In the PERM context, early filing and proactive case management remain the best defense against bureaucratic delays.

Stay informed. Stay compliant. Start your PERM recruitment early.