What's Happening?
WR Immigration attorneys Kimberley Best Robidoux and Miki Kawashima Matrician have provided an update on the November 2026 Visa Bulletin and Temporary Protected Status (TPS) for Ukraine and Sudan. The November Visa Bulletin shows limited advancement in employment-based
green card categories, particularly for India, with movement only in EB-3. EB-1 and EB-2 categories for India remain largely stagnant. USCIS will allow employment-based adjustment of status applicants to use Chart B, the Dates for Filing chart, in November, but movement is minimal. Additionally, the Department of Homeland Security (DHS) did not issue a formal extension or termination decision for TPS designations for Ukraine and Sudan before their October 19, 2026, expiration. USCIS now states that affected individuals retain TPS protections, including work authorization, until a further announcement, but has not provided a new expiration date or clear instructions for employers regarding I-9 compliance, creating significant challenges.
Why It's Important?
This information is crucial for U.S. employers and foreign national employees navigating the complexities of immigration law. The limited advancement in employment-based visa categories means continued long wait times for many skilled workers, particularly from countries like India, impacting workforce planning and talent retention for U.S. companies. The uncertainty surrounding TPS for Ukraine and Sudan creates a compliance dilemma for employers. Without clear guidance from USCIS on new expiration dates or documentation, employers face challenges in verifying continued employment authorization, potentially leading to I-9 violations or the erroneous termination of authorized workers. This situation underscores the need for prompt and clear communication from government agencies to ensure legal compliance and protect the rights of employees.
What's Next?
Employers are advised to identify employees whose work authorization relies on TPS for Ukraine or Sudan and determine if alternative valid employment authorization exists. For new hires after October 19, 2026, employers should preserve relevant USCIS country-page alerts, the employee’s TPS documentation, and government guidance for I-9 completion. For existing employees undergoing reverification, employers can document in the Additional Information field that TPS work authorization continues as indicated by DHS, retaining copies of USCIS alerts, while seeking case-specific legal guidance. HR and Global Mobility teams must monitor the Federal Register, USCIS TPS country pages, I-9 Central, and E-Verify for further announcements, as new guidance will require prompt action to ensure compliance and avoid adverse employment actions.
Beyond the Headlines
The ongoing challenges with the Visa Bulletin and TPS designations highlight systemic issues within the U.S. immigration system, including backlogs and a lack of timely, clear guidance from federal agencies. The limited visa availability for employment-based categories can deter highly skilled foreign professionals from contributing to the U.S. economy, potentially impacting innovation and competitiveness. The TPS situation, where individuals are granted protection but face administrative ambiguity regarding work authorization, creates significant stress for affected communities and operational hurdles for businesses. These issues underscore the broader need for comprehensive immigration reform that addresses both the economic demands for skilled labor and the humanitarian aspects of temporary protected status, ensuring a more predictable and efficient system for all stakeholders.
