Immigration weekly update: February 5, 2026

Immigration news update for all regions


Americas

United States: Fiscal year 2027 H‑1B cap

USCIS has announced that the initial registration period for the fiscal year (FY) 2027 H‑1B cap will run from March 4 to March 19, 2026. During this period, employers and their authorized representatives must submit electronic registrations for each beneficiary via a USCIS online account and pay a USD 215 registration fee per beneficiary.

Employers that do not yet have a USCIS online account must create an organizational account before participating. While representatives may add company clients at any time, both employers and representatives may begin entering beneficiary information and submitting registrations only from March 4, 2026.

USCIS will issue selection notifications through online accounts by March 31, 2026. Only petitioners with a selected registration will be eligible to file an H‑1B cap‑subject petition, including petitions filed under the advanced degree exemption.

For FY 2027, USCIS will implement a new H‑1B selection process pursuant to a final rule issued by the Department of Homeland Security (DHS). The revised system is based on unique beneficiaries and introduces a weighted selection mechanism intended to prioritize higher‑skilled and higher‑paid workers, with the stated goal of better protecting U.S. workers. If the number of unique beneficiaries exceeds the annual cap, USCIS will conduct a weighted lottery; if not, all properly submitted registrations for unique beneficiaries will be selected.

This summary was prepared using information provided from the U.S. Citizenship and Immigration Services

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Joanna Sogeke (European Client Services Manager- Immigration).


Asia-Pacific

Australia: Bridging Visa B

Crown have received information highlighting the prolonged processing time for Bridging Visa B (BVB) applications with the Australian Department of Home Affairs. Although some BVB applications are finalized quickly, current patterns show that many are experiencing extended processing times, with certain approvals being issued only shortly before the applicant’s intended travel.

These delays are due to high application volumes and capacity constraints within the Department.

Key Points:

1.Processing Times Are Unpredictable

  • Bridging Visa B (BVB) applications are experiencing longer‑than‑normal processing times, with many applicants facing delays beyond the expected timeframe. In several recent cases, visa outcomes have been issued only a few days before the individual’s planned travel, creating uncertainty and making advance travel planning more challenging.

2.Travel Is Not Permitted on a Bridging Visa A (BVA)

  • Individuals holding a Bridging Visa A (BVA) are not permitted to depart Australia unless they first obtain a Bridging Visa B (BVB), which provides the necessary travel authority. Leaving the country without an approved BVB will cause the existing onshore visa application to become invalid, meaning the applicant would lose the ability to continue the process from overseas and may be required to restart the application upon return under different conditions.

3.Early Lodgment Helps, But Is Not a Guarantee

  • We strongly recommend lodging Bridging Visa B (BVB) applications well in advance of any planned travel; however, due to ongoing backlogs within the Department of Home Affairs, even early submission cannot ensure that a decision will be issued before your intended departure. As processing times remain unpredictable, applicants should be prepared for the possibility of delays despite proactive planning.

The Department of Home Affairs does not publish processing times for Bridging Visa B applications, indicating that timeframes vary significantly and are influenced by departmental workload.

India: Reciprocal agreement for Brazil

On January 16, 2026, Brazil and India reached a reciprocal agreement to extend the maximum validity of visitor visas issued to each other’s nationals from five years to ten years.

The agreement was formalized through Verbal Note No. 164, issued jointly by the South America Division of Brazil’s Ministry of Foreign Affairs and the Brazilian Embassy in New Delhi. Under the new framework, Indian passport holders will now be eligible for Brazilian visitor visas valid for up to ten years, double the previously permitted duration.

On a reciprocal basis, the Government of India approved the issuance of 10‑year, multiple‑entry visas to Brazilian passport holders, including:

  • Business visas, allowing continuous stays of up to 180 days, and
  • Tourist visas, permitting continuous stays of up to 90 days.

Previously, both Brazilian and Indian nationals were limited to a maximum visa validity of five years. The updated arrangement significantly extends travel flexibility and is expected to facilitate business, tourism, and people‑to‑people exchanges between the two countries.

This summary was prepared using information provided from the Ministry of External Affairs, New Delhi, Note Verbale No 164.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon (Director of Immigration Services, APAC).

Europe, Middle East and Africa

European Union: EU Visa Strategy

The European Commission has adopted its first‑ever EU Visa Strategy, establishing a long‑term framework for a more strategic, secure, and modern EU visa policy. The Strategy is designed to help the EU better manage increasing global mobility while responding to security concerns, geopolitical developments, and economic priorities.

The Strategy is built around three core objectives: strengthening security at the EU’s external borders, supporting prosperity and competitiveness, and improving efficiency through modernised visa systems. Key measures include stronger monitoring of visa‑free travel arrangements, the future rollout of ETIAS for visa‑free travellers from Q4 2026, and expanded use of digital visa procedures, allowing visa‑required applicants to complete the full application process online.

In addition, the Commission plans to further develop visa policy as a strategic tool, including revisions to the EU Visa Code and measures to improve travel document security and combat fraud. Alongside the Strategy, a Recommendation on attracting talent has been adopted, encouraging Member States to simplify and accelerate visa and residence permit procedures for students, researchers, highly skilled workers, and innovative entrepreneurs. Together, these initiatives signal a more coordinated and forward‑looking approach to EU visa and mobility policy.

Some of the changes are expected to come into effect in 2026 whilst others will be implemented over a period of time.

This summary was prepared using information provided from the European Commission

Spain: Regularization process for foreign nationals residing in the country

The Government of Spain has launched a period of public consultation on implementation of a newly approved extraordinary regularization process for undocumented foreign nationals currently residing in the country. Approved on January 27, 2026, the measure seeks to strengthen legal certainty, guarantee rights, and align immigration policy with Spain’s broader social and economic needs.

Eligibility Requirements

According to the government, the process will apply to all foreign nationals who were already present in Spain before December 31, 2025, and who can demonstrate at least five months of continuous residence in the country at the time of application. Proof of residence may be provided through any public or private document, or a combination of both.

Applicants will be deemed to meet the residence requirement if they can demonstrate that their protection application was submitted on or before December 31, 2025.

In addition to the residence criteria, applicants must have no criminal record and must not pose a threat to public order or public security.

Scope and Duration of Residence Authorization

Individuals who meet the eligibility criteria will be granted a one‑year residence permit, allowing them to work in any sector and anywhere in Spain. After this initial period, permit holders will be required to transition to the standard residence categories under Spain’s immigration framework, supporting their full and progressive integration into the system.

The maximum processing time for applications will be three months. However, once an application has been formally admitted ( within 15 days from submission)—the applicant will be authorized to work in Spain.

This summary was prepared using information provided from the Ministry of Inclusion, Social Security and Migration (available in Spanish language)

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Joanna Sogeke (European Client Services Manager- Immigration).


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