January 2026 Immigration Update: 5 Critical Shifts from TPS to Audits

The administration has wasted no time in 2026. While many were focused on the broad H-1B fee announcements, the first week of January (Jan 2–8) brought a series of quieter, yet more aggressive operational shifts at USCIS and the State Department.

This January 2026 immigration update isn't just about news; it is about the government signaling that "compliance" is the watchword for the year. From the revocation of Venezuela’s TPS to new audit triggers for remote workers, here is the breakdown of the five most critical updates from last week and what they mean for your strategy.

January 2026 Immigration Update #1: Venezuela TPS Designation to End

In a major shift on January 5, DHS announced it will not extend the Temporary Protected Status (TPS) designation for Venezuela beyond its expiration in March 2026. This decision puts thousands of work permits (EADs) on a definitive countdown.

For employers, this creates an immediate compliance risk. If you employ Venezuelan nationals on TPS-based EADs (Category A-12 or C-19), you must audit your I-9s immediately. You have less than 60 days to identify these employees and determine if they qualify for alternative statuses, such as an O-1 visa or an employment-based green card (EB-2/EB-3). Do not wait until February to start these conversations.

January 2026 Immigration Update #2: "Project Firewall" Audits

On January 4, USCIS confirmed specific criteria for its "Project Firewall" site visits, targeted heavily at the IT consulting sector. The new guidance explicitly flags Master Service Agreement (MSA) mismatches.

If your H-1B petition lists a client site, but your MSA does not explicitly cover the current project scope or dates, it is now an automatic trigger for a fraud investigation. Generic MSAs are no longer sufficient. We are advising all consulting clients to draft specific addendums for every H-1B employee working at a third-party site to align perfectly with the dates listed on their petition.

January 2026 Immigration Update #3: Public Charge Rule 2.0

The "Public Charge" rule has been effectively tightened as of January 3. USCIS updated its Policy Manual to require a stricter "Totality of Circumstances" test for adjustment of status applicants.

The agency is no longer looking just at current income; they are scrutinizing liquidity and credit history. Applicants may now need to provide 12 months of bank statements and credit reports to prove they can cover unforeseen medical or living expenses. For marriage-based cases, relying solely on a joint sponsor may no longer be a "silver bullet" if the primary beneficiary has a poor financial history. We recommend preemptively including a "solvency packet" (assets, insurance, credit score) with initial filings to avoid delays.

January 2026 Immigration Update #4: STEM OPT Crackdown

An internal memo leaked on January 7 indicates that ICE/SEVP is moving to revoke STEM OPT extensions for students working at client sites or remotely without "daily direct supervision."

If you are an F-1 student on STEM OPT, your Training Plan (Form I-983) must reflect reality. If your supervisor is in San Francisco and you are working remotely from Austin, this geographic discrepancy is now a red flag. We strongly advise updating your Form I-983 to explicitly describe your digital supervision protocols (e.g., daily Zoom standups, Slack logs) to satisfy the "direct supervision" requirement.

January 2026 Immigration Update #5: Increased Scrutiny on B-1/B-2 Visitor Intent

State Department cables released on January 8 instruct consular officers to apply heightened scrutiny to B-1/B-2 applicants from regions with rising asylum rates. The presumption of "immigrant intent"—the assumption that a visitor plans to stay permanently—is being applied more aggressively.

For companies inviting foreign executives or family members visiting for extended stays, a simple invitation letter is likely insufficient. Applications should now be bolstered with a robust "Ties to Home" memo, documenting property ownership, ongoing employment, and school enrollments in the home country to prove the applicant has a reason to return.

The Takeaway

The government is moving faster than usual this January, and they are looking for technical errors to justify denials. Whether you are an employer managing a remote workforce or a family navigating the new solvency rules, the margin for error has vanished.

If any shift in this January 2026 immigration update impacts your status or your workforce, please reach out to our office to schedule a compliance review.