Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.
Below is the April 2026 edition of the Garfinkel Immigration news roundup:
What employers need to know about the proposed prevailing wage rule and its impact on the H-1B program
The Department of Labor (DOL) released a proposed rule late last month that would significantly change the methodology for determining prevailing wage levels.
The proposed rule would affect H-1B, H-1B1, E-3 and PERM filings, and would raise the prevailing wages associated with these programs.
It is important to note that the proposed rule is not yet in effect. The rule is subject to a 60-day comment period following its publication in the Federal Register on March 27. It will not be finalized until comments are reviewed, and a final version is re-published in the Federal Register. The rule also could face challenges in federal court.
Find out more about the proposed rule here.
ICE redefines I-9 substantive violations and raises risk for employers
For employers with established human resources infrastructure and mature systems, Form I-9 compliance has traditionally been regarded as a controlled and well-understood function. Internal protocols, standardized onboarding procedures, and, in many cases, electronic I-9 systems have provided a framework through which organizations have sought to ensure adherence to federal requirements.
Historically, this approach has aligned with enforcement patterns. While errors in Form I-9 completion have always carried potential consequences, the longstanding distinction between “technical” and “substantive” violations allowed minor, often clerical, deficiencies to be corrected without significant penalty.
Updated guidance from U.S. Immigration and Customs Enforcement (ICE), however, represents a meaningful evolution in this landscape.
In mid-March, ICE issued a Form I-9 inspection fact sheet shifting its enforcement framework. Notably, this change was not accompanied by a broader policy announcement. As a result, there is an increased risk that many employers will be caught unaware of the heightened requirements.
Through the fact sheet, ICE has indicated that it is applying a more expansive interpretation of what constitutes a “substantive violation,” thereby broadening the category of errors that may trigger harsher monetary penalties. This includes deficiencies related to identity verification, employment authorization, and the proper and timely completion of Form I-9.
Learn more in the latest white paper from Managing Partner Hannah F. Little.
Request for National Interest Exceptions and expedited processing for international physicians
A coalition of more than 20 healthcare organizations is calling on the Department of State (DOS) and the Department of Homeland Security (DHS) to prioritize international physicians through National Interest Exceptions and expedited processing.
The coalition argues that prolonged visa delays and adjudication holds tied to enhanced vetting are preventing international physicians from entering the U.S., continuing training, and maintaining lawful status.
- The downstream impact is immediate:
- Physicians forced to abandon residency programs
- Deepening workforce shortages, particularly in underserved communities
The attorneys at Garfinkel Immigration continue to monitor the situation closely. Healthcare employers and physicians who have been impacted by the delays and adjudication holds should contact the Firm’s Healthcare Specialty Practice Group to evaluate their options.
Read the coalition’s full letter here.
Mounting travel ban suits test freeze on immigrant work permits
This story from Bloomberg Law details the more than 30 lawsuits currently challenging the administration’s pause on all benefits applications for nationals of more than 40 countries.
“Roughly three dozen lawsuits in federal district courts across the country claim USCIS is unlawfully withholding decisions on work permits and violating immigration statute by discriminating against applicants on the basis of national origin,” the story reads. “And plaintiffs are slowly collecting preliminary court wins, albeit for limited groups of immigrants.”
FURTHER READING: Trump administration pauses immigration applications for nationals from travel-ban countries
The story adds: “The basis of those legal challenges is largely the same: They argue the benefits freeze violated the Administrative Procedure Act by imposing unreasonable delays and enacting a policy that was arbitrary and capricious, as well as unlawfully discriminating on the basis of national origin.”
Read the full story from Bloomberg Law here.
U.S. immigration service increases denials for high-skilled immigrants
United States Citizenship and Immigration Services (USCIS) “has increased denials for employment-based immigrants and in key temporary visa categories,” according to data from the National Foundation for American Policy and analyzed by Forbes Senior Contributor Stuart Anderson.
“The denial rate for a (foreign national) with extraordinary ability (in the employment-based first preference, or EB-1, green card category) nearly doubled from 25.6% to 46.6% between the fourth quarter of FY 2024 and the fourth quarter of FY 2025,” according to the data analyzed by Anderson.
The story also noted that denial rates for national interest waivers rose from “38.8% to 64.3% between the fourth quarter of FY 2024 and the fourth quarter of FY 2025,” while L-1A and L-1B denials also increased during the same period.
Find out more via Forbes here.
Acting ICE director says he’s resigning
Todd Lyons, the acting director of U.S. Immigration and Customs Enforcement (ICE), announced earlier this month he is resigning effective May 31, as detailed by this story from NPR.
“His exit … comes amid continued scrutiny of his agency’s aggressive immigration tactics and a record-long funding lapse from Congress that resulted in a lack of pay for ICE attorneys, investigators and administrative staff,” the story reads. “It was not immediately clear why he was leaving.”
The story also details other recent personnel changes at the Department of Homeland Security.
“Homeland Security Secretary Markwayne Mullin, a former Oklahoma senator, took over from Kristi Noem to run the agency as of last month,” the story notes. “Madison Sheahan, former deputy director at Immigration and Customs Enforcement, left her post at the start of the year to run for Congress. And top department spokesperson Tricia McLaughlin left her role in February.”