Pabian Law’s Year-Round Immigration Quarterly Update (April 2026)

Pabian Law Clients and Friends,

We hope that this Year-Round Immigration Quarterly Update finds you well. We are excited to share the Pabian Law Quarterly Update for April 2026, serving as an educational update on government and regulation changes, trends, alerts, and other pertinent information.

As background, Pabian Law has two practice areas – our H-2B Visa Practice for our seasonal hospitality clients and our Year-Round Practice for all hospitality employers where we assist with a myriad of visa and green card application types, including TN visas, O-1 visas, H-1B visas, green card applications (EB-1, EB-2, and EB-3). We also have a team that assists employers with employment verification issues (ex. I-9 and E-Verify questions). In short, we are a full-service immigration law firm for hospitality employers across the United States!

Please read on for information about the following topics:

• H-1B Visa Cap Update and Filing Fee Reminder
• Some Great News re. EB-3 Green Card Processing
• S. Immigration and Customs Enforcement (ICE) at airports – what documen ts workers should carry on them
• Visa Spotlight: the O-1 visa
• Registration is open and Early Bird Pricing is still available for the 2026 Staffing Summit!

H-1B Visa Cap Update and Filing Fee Reminder

U.S. Citizenship and Immigration Services (USCIS) confirmed that the H-1B visa cap registration process for this fiscal year (the period from October 1, 2026 through September 30, 2027) has been completed. This means that the agency has already received enough registrations to meet the annual quota.

As background, an H-1B is a U.S. work visa that allows employers to hire foreign nationals in specialty occupations, defined as jobs that typically require at least a Bachelor’s degree or the equivalent in a specific field. U.S. Congress set the current annual regular cap (or limit) for the H-1B visa category at 65,000 (commonly known as the “regular cap”). An additional 20,000 petitions are available for foreign nationals who have a U.S. Master’s degree or higher. Importantly, not all H-1B visa petitions are subject to this annual cap. For example, foreign nationals who already have H-1B visas are largely exempt from this annual limit as are some petitions filed by universities and colleges.

In years’ past, USCIS would select more registrations than the 85,000 cap during the initial round to account for cases that may not ultimately be filed or approved, and would occasionally run second or even third rounds of the H-1B visa cap registration lottery. However, it is unlikely that USCIS will conduct additional H-1B visa cap lottery rounds this year. Part of the reasoning for this is the current beneficiary-centric selection process that reduces duplicate and fraudulent registrations. This has led to a more accurate initial selection pool, meaning fewer “unused” selections and less need for a second lottery.

For employers whose foreign nationals were not selected in the H-1B visa cap registration lottery, now is a good time to explore alternative visa options (such as the O-1 category, see below) or begin planning early for the next H-1B visa cap filings in March 2027. Our team is always available to discuss potential strategies based on your specific situation.

Some Great News re. EB-3 Green Card Processing:

We are excited to share a positive development for many employment-based U.S. Permanent Residency (“green card”) applicants. The April 2026 update to the Visa Bulletin shows that EB-3 skilled worker priority dates have unexpectedly advanced by roughly two years. This is a significant jump and may allow many individuals who were previously waiting in line to now move forward with the next steps in their green card processes.

As background, EB-3 skilled workers are those individuals being sponsored for a green card by a U.S. employer for jobs that require at least 2 years of experience.

A priority date acts as a foreign national’s place in line for a green card. For most employment-based cases, it is the date that the PERM labor certification was filed. Because there are annual limits on green cards, applicants must wait until their priority date becomes “current” before they can move forward with the last step of their green card application. Each month, the government releases the Visa Bulletin, an update that shows how far the line has moved. When priority dates “advance,” it means the line is moving faster and the government is allowing cases with later filing dates to proceed. When they “retrogress,” the line moves backward due to high demand and the process to obtain the green card takes longer. Priority date movement depends on factors like visa demand, annual limits, and how many people are applying in each category and country.

Based on April’s Visa Bulletin, it is now possible for many green card applicants to move forward with the final step in the process – filing the I-485 Application to Adjust Status for an employee in the United States or proceeding with immigrant visa processing abroad through the U.S. Embassy in the foreign national’s country.

For those employers with foreign nationals that are now “current” thanks to the April Visa Bulletin, we strongly encourage you to move forward with the final part of the process ASAP. It is always possible for the Visa Bulletin to retrogress, and where this was such an unexpected big jump in processing times, there is a risk it will revert back to the longer times. Therefore, time is of the essence for many EB-3 green card applications.

Finally, for those employees processing their immigrant visas abroad, please remember that there is an ongoing temporary pause in immigrant visa (green card) issuance for certain countries, including Jamaica. While priority date movement is encouraging, these country-specific pauses may still impact the ability to move forward with some applications.

U.S. Immigration and Customs Enforcement (ICE) at airports – what documents workers should carry on them

The recent increase of ICE agents at U.S. airports—partly to support U.S. Transportation Security Administration (TSA) operations during staffing shortages caused by the partial government shutdown—has raised concerns about greater immigration enforcement in travel spaces. It is understandable that employers may have foreign workers who are nervous about traveling during this time and do not know what documents they should carry. To be prepared and help ease concerns, workers should carry a valid passport, current visa/I-797A Approval Notice, I-94 Arrival/Departure record, and proof of employment (such as a job offer letter from their employer). Workers should try to stay calm and confident while traveling, knowing they are prepared and have the proper documentation.

Visa Spotlight: the O-1 Visa

The O-1 visa is a great option for accomplished foreign nationals to work on temporary visas for U.S. employers. To qualify, the petitioning employer must demonstrate that the foreign national possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O-1 visa is employer-sponsored and provides work status that is granted for 3 years and can be renewed indefinitely in 1 year increments.

The O nonimmigrant classifications are:

• O-1A: Individuals with an extraordinary ability in the sciences (sample job titles: Software Engineer, Research Scientist), education, business (sample job title: General Manager for a country club, resort or hotel), or athletics (sample job titles: Director of Coaching, Tennis Professional, International Ski Federation Coach and Program Liaison)
• O-1B: Individuals with an extraordinary ability in the arts (this includes culinary arts, with sample job titles such as Chef, Creative Director at restaurant, etc.) or extraordinary achievement in motion picture or television industry;
• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance (such as a Sous Chef accompanying a Chef); and
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

There are two main ways to qualify. First, if the foreign national has received a major, internationally recognized award, they may be eligible based on that achievement alone. For most applicants, however, qualification is based on meeting at least three out of eight regulatory criteria that together demonstrate a consistent record of excellence and recognition.

These criteria include:

• Awards and Prizes: Receiving nationally or internationally recognized awards for excellence in your field.
• Memberships: Being a member of associations that require outstanding achievements for admission.
• Published Material About Foreign National: Media coverage or professional publications that highlight work and accomplishments.
• Judging the Work of Others: Serving as a judge, reviewer, or panelist evaluating others in their field.
• Original Contributions: Making significant, original contributions that have had a meaningful impact.
• Authorship: Writing scholarly articles or professional publications related to their area of expertise.
• Critical or Essential Roles: Holding an important position within a distinguished organization or company.
• High Salary or Compensation: Earning a salary or remuneration that reflects the foreign national’s high level of expertise.

Pabian Law has years of experience with successfully acquiring O-1 visas for our clients and their most valuable employees across a wide range of industries and fields, including athletics, biotechnology, engineering, and within the hospitality industry, such as general managers, sporting professionals, and chefs.

Our team recently had a successful O-1B filing for a prominent and internationally recognized Sushi Chef who was hired at a popular sushi restaurant in a tourist location in the U.S. This Chef honed his craft overseas, and gained experience working at a prestigious restaurant that dates back to the 17^th century. The Chef had several years of experience in his field, and his application included documentation demonstrating awards, recognition in national and international newspapers and magazines, demonstrated that he played a critical role in the success and acclaim of his restaurant, and recognition of his work by prestigious organizations and critics in his field. This was a critical approval for the client, as the Chef is now the Executive Chef at the client’s world-famous sushi restaurant here in the United States.

The O-1 visa can be a useful tool for organizations that want to hire extremely qualified and experienced candidates who can demonstrate their international acclaim and recognition. The visa is not tied to a specific type of job or industry – an applicant for just about any type of role can apply so long as we can demonstrate the foreign national’s recognition and accomplishments in their field.

Registration is now open and Early Bird Pricing is still available

The Summit brings together hundreds of seasonal hospitality employers from across the country for education, networking, and collaboration. Learn about H-2B visas, immigration compliance, recruiting, employee retention, and more! Plus, you will have ample opportunities to meet potential recruiting partners for your seasonal staffing.

Register today and join us at the 2026 Staffing Summit! You can find more information, including the agenda and hotel details, at www.staffingsummit.com.

Importantly, Early Bird pricing ends this Friday (April 24^th). Don’t miss your chance to join this incredible event at the reduced pricing!

I am excited to see so many of you in Portland, Maine this summer!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.