DHS, DOL, and the State Department released their 2026 regulatory agendas on July 6, giving employers an early look at what’s still in the pipeline for the rest of the year and into 2027. The duration of status change and the public charge rescission we’ve already covered are now finalized. What follows are the major items still ahead, the ones worth building into hiring and compliance planning now rather than waiting for the Federal Register notice to land.
H-1B Program Reforms, Targeted for August 2026
DHS is planning changes to cap exemptions, tighter rules governing third-party placements of H-1B workers, and closer scrutiny of employers with a history of program violations. This follows the wage-weighted registration system that replaced the random H-1B lottery earlier this year, so this next round appears aimed at the placement and compliance side of the program rather than the selection process itself.
PERM Recruitment Standards Are Getting an Overhaul
The Department of Labor has signaled plans to modernize the recruitment requirements employers must satisfy before filing a PERM labor certification. Expected changes include greater acceptance of online recruiting methods, stronger compliance documentation, and increased scrutiny of employers that have conducted recent layoffs. Current PERM rules remain in effect while this moves through the rulemaking process, but employers building a PERM case now should keep thorough records given where scrutiny appears to be headed.
Prevailing Wage Increases for H-1B, H-1B1, E-3, and PERM
DOL closed the comment period on a proposal to raise prevailing wage levels across EB-2 and EB-3 immigrant petitions filed through PERM, as well as H-1B, H-1B1, and E-3 nonimmigrant classifications. No final rule date has been set yet, but this is one of the more consequential items on the agenda for employers budgeting sponsorship costs into next year.
Limits on OPT, STEM OPT, and CPT, Targeted for February 2027
DHS is looking at new restrictions on practical training options for F-1 students, which would affect OPT, STEM OPT, and CPT. This is a longer runway than most of the other items here, but it’s worth tracking closely alongside the fixed admission period changes that already took effect, since it touches the same student population.
H-4 Spouse Work Authorization
USCIS intends to restore the prior policy of not extending work authorization eligibility to H-4 dependent spouses. This is listed as a longer-term action on the agenda rather than something imminent, but it would reverse a benefit that’s been in place for years for many H-1B families.
Expanded Biometrics Collection, Expected December 2026
A final rule addressing the use and collection of biometrics across immigration applications, petitions, and benefit requests broadly is expected by the end of the year. This would formalize an expansion of biometric requirements beyond where they currently apply.
Why This Matters Even Before Anything Is Proposed
Publication dates on a regulatory agenda are estimates, not commitments, and agencies routinely miss them by months. But the agenda is still useful as a signal of direction. Employers with PERM cases, H-1B placements involving third-party worksites, or H-4 dependent spouses relying on work authorization have a real interest in watching these items move from agenda to proposed rule to final rule, rather than being caught off guard when a Federal Register notice appears.
For background on the H-1B lottery change already in effect, see our earlier coverage of the wage-weighted H-1B selection system, and watch this space as each of these items moves toward publication.
Frequently Asked Questions
Are any of these changes in effect right now?
No. Everything above is still at the agenda or proposal stage, apart from duration of status and public charge, which are already final and covered in separate posts.
How reliable are the target dates on a regulatory agenda?
Not very. They’re the agency’s own estimate, and it’s common for a rule to be published months after its listed target date, or not at all.
Should employers wait to see the proposed rules before doing anything?
Not necessarily. Reviewing current PERM recruitment documentation, third-party placement arrangements for H-1B workers, and reliance on H-4 work authorization now can save time once a rule is actually proposed.
Does the prevailing wage proposal have a final rule date yet?
Not as of this agenda. DOL closed the public comment period in May 2026, but hasn’t announced when a final rule will be issued.
What’s the difference between this and the duration of status rule you already covered?
Duration of status is now a finalized rule with a firm effective date. Everything in this post is still in progress, at varying stages between an agenda listing and a proposed rule.
If you have questions about how any of these upcoming changes could affect your workforce planning, our attorneys are available to help.
If you or your family members have any questions about how Special Immigrant Juvenile Status or other immigration matters may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.