2027 Business Immigration Outlook for Employers | Mintz
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2027 Business Immigration Outlook for Employers
By John F. Quill, William L. Coffman, and Arash R. Bahar
The 2027 business immigration outlook for employers combines new restrictions with legal uncertainty. Automatic Employment Authorization Document (EAD) extensions are ending and visa processing is slower. At the same time, several proposals face legal and procedural challenges, and courts have blocked major initiatives such as the $100,000 H-1B fee. With the midterm elections approaching, the administration has proposed further changes to the US immigration system.
In this webinar, Mintz attorneys John Quill, William Coffman, and Arash Bahar will:
- Explain which changes are in effect
- Discuss which proposals are pending and their likelihood of advancement
- Outline the impact of policies stopped in litigation
- Provide practical steps for the March 2027 H-1B lottery, PERM compliance, and international travel.
Key Takeaways for the 2027 Business Immigration Outlook
- End of Automatic EAD Extensions: A final rule issued October 14, 2026, ends automatic EAD extensions for renewals filed on or after October 30, 2026, creating new work authorization risk for many workers.
- Visa Processing Delays: Consulates now require in-person interviews for most visas, and mandatory social media vetting for H, F, J, and M applicants is adding time. Section 221(g) administrative processing holds can delay issuance for weeks or months.
- Challenged Proposals: Several proposed rules with significant costs face challenges and may not take effect as written, including proposals to eliminate the 60-day grace period, impose fees on H-1B petitions, and raise prevailing wage levels.
- Closer Scrutiny of PERM Compliance: The Department of Labor is closely scrutinizing PERM compliance, recently barring companies from filing PERM applications if they had both sponsored PERM applications and laid off workers. This action is now in litigation.
- Court Injunctions: Courts have blocked some of the more extreme immigration restrictions, including the $100,000 H-1B fee, end of duration-of-status admission for F, J, and I visa holders, and immigrant visa pauses for various countries.