What You Missed In Immigration: Rundown Shutdowns, Screenings & Trick Questions

USCIS Hits Pause on Approvals While "Enhanced" Background Checks Ramp Up

Starting April 27, USCIS officers have been told to hold off on approving immigration cases until expanded background checks clear. The new directive pulls in broader criminal history data from the FBI, covering green card and naturalization applications alike. If your fingerprints on file are older than a certain threshold, expect to resubmit them, adding yet another step to an already sluggish process. No one's being denied outright, but no one's getting approved on the usual timeline either. The entire system just got a speed bump, and there's no telling how long it lasts.

The PERM Takeaway: This is a downstream bottleneck that PERM employers need to plan around. If your sponsored employee has a labor certification approved and is moving toward adjustment of status or consular processing, these expanded checks could stretch their timeline significantly. Employers should prepare for longer gaps between PERM approval and green card issuance, which means extending H-1B status, maintaining compliant job conditions, and keeping employees informed so they don't jump ship during the wait. Build the delay into your workforce planning now, not after it surprises you.

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New Visa Interview Questions Are an Asylum Trap, And They Apply to Work Visas

The State Department has quietly rolled out new guidance requiring consular officers to ask every nonimmigrant visa applicant whether they've experienced harm or fear returning home. That includes tourist visas, student visas, and yes work visas like the H-1B. Answer "yes" and you risk a refusal. Decline to answer and you risk a refusal. The questions are asked verbally during the interview and logged by the officer. It's a no-win setup that turns a routine visa stamp into a potential minefield.

The PERM Takeaway: This one hits close to home for any employer sending a sponsored worker to a consular interview. An H-1B holder returning abroad for visa stamping could now face denial over a question that has nothing to do with their job, their qualifications, or their employer's petition. Companies need to brief their foreign workers on this change before they travel. Work with immigration counsel to prepare employees for these questions and consider whether consular processing is still the right strategy or whether adjustment of status, where available, is the safer bet. One wrong answer at a consulate window could derail years of sponsorship investment.

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76-Day DHS Shutdown Ends, But ICE and CBP Are Still Unfunded

The lights are back on at the Department of Homeland Security after a 76-day partial government shutdown, the longest DHS closure in history. President Trump signed a spending bill restoring funding for core functions, but here's the catch: ICE and significant parts of CBP were deliberately excluded. The shutdown triggered by a standoff over enforcement reform demands, disrupted airport operations and created chaos across the immigration system. Lawmakers are now floating a separate bill that could funnel up to $70 billion to ICE and CBP, but nothing is finalized.

The PERM Takeaway: A DHS shutdown doesn't just affect border enforcement, it ripples through every corner of the immigration system. Processing delays, staffing gaps, and administrative backlogs all compound when agencies run on fumes for two and a half months. For PERM employers, the fallout means potential delays in labor certification processing, slower DOL responses, and USCIS adjudication slowdowns that may linger well after funding is restored. And with ICE still unfunded and a massive spending bill on the table, expect continued instability. Employers in the middle of sponsorship cases should document all timeline impacts and stay in close contact with counsel to navigate any procedural disruptions.

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Canada Opens a Back Door, And Americans Are Walking Through It

Canada has expanded its citizenship-by-descent rules to allow anyone with a Canadian-born ancestor, even a great-grandparent or further back to apply for citizenship. The policy change, effective since December 2025, followed a court ruling that struck down generational limits. Early demand is surging, particularly among Americans exploring a Plan B. But it's not automatic: applicants must prove lineage through official records, often requiring deep archival research. The move comes as Canada tightens other immigration pathways, creating an interesting contrast, closing the front door while opening a side entrance.

The PERM Takeaway: This isn't a direct PERM issue, but it's a talent retention signal employers can't ignore. When skilled workers start exploring citizenship in other countries, it means they're hedging their bets on the U.S. immigration system. If your sponsored employees are looking north, that's a sign your retention strategy needs reinforcing. Accelerate PERM timelines where possible, communicate clearly about case progress, and make sure your employees feel like their sponsorship is a priority not a bureaucratic afterthought. In a tightening global talent market, the countries (and employers) that move fastest win.

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Stay sharp, stay compliant, and we'll see you next week.