Workforce News 2026August28
Federal Judge Vacates State Department Pause on Immigrant Visa Processing for 75 Countries.
A federal judge has struck down the State Department policy that paused immigrant visa processing for applicants from 75 countries while the Department reassessed "public charge" standards. The ruling, issued August 21 out of the U.S. District Court for the Southern District of New York, found that the policy exceeded the State Department's statutory authority and prevented consular officers from making individualized visa determinations required under federal immigration law. As a result, immigrant visa applications from the affected countries may resume processing under normal procedures, with eligibility assessed on a case-by-case basis rather than through a blanket nationality-based restriction. Of note- public charge remains a valid ground of inadmissibility; it just has to be assessed on the individual applicant's circumstances rather than nationality. While the court's decision removes the legal basis for the pause, the practical impact on processing times will depend on how quickly and fully the State Department implements the ruling and resumes adjudication of affected cases. This decision is potentially relevant to LeadingAge members who recruit internationally educated nurses through the EB-3 process.
Temporary Protected Status for El Salvado Ends September 9, 2026:
Employment authorization for eligible Salvadoran TPS holders will end September 9th per USCIS, absent new litigation or a redesignation. USCIS has automatically extended certain expired TPS-based employment authorization documents through that date and issued related Form I-9 records, and prepare for timely reverification and potential workforce disruptions. For details see the full article here.
New Guidance from IRS on No Tax on Overtime.
Last week, the Internal revenue Service issued
updated FAQs on the No Tax on Overtime provision under HR 1, which added a new tax deduction for qualified overtime compensation. The deduction allows individuals to deduct up to $12,500 of qualified overtime pay annually ($25,000 in the case of a joint return) but may be reduced if a taxpayer's modified adjusted gross income (MAGI) exceeds $150,000 ($300,000 for joint filers). Developed in coordination with the Department of Labor and Office of Personnel Management, the updated FAQs replace
previous FAQs
issued in January 2026 and provide more extensive guidance on overtime eligibility and exemptions under the Fair Labor Standards Act, reporting qualified overtime compensation, and federal income tax withholdings from wages. The FAQs also include a guidance for employers on calculating qualified overtime compensation to be paid to an employee for purposes of the deduction. This includes instructions for alternative methods of computation are used to compute overtime, which may apply to employees of certain residential care facilities.










