New Rules for H-1B Visa Applicants (2026 Update)

The United States has introduced important changes to the H-1B visa programme from April 2026.  The updates introduce new procedures that organisations must follow to prepare their applications and submit them, and complete their assessment process. The new rules establish different criteria for candidate selection to gain authorised status.  The H-1B visa remains one of the main routes for skilled professionals to work in the United States. The process has widespread applications across technology, engineering, finance, and healthcare. The process has maintained its competitive edge due to the high demand for our services. The new rules establish a procedure that combines structured elements with selective components for the assessment process. The UK workforce needs to understand these changes because they affect both their employment rights and their responsibilities without exception. The United States application process requires candidates to start their preparations early, while employers need to begin all their sponsorship activities early. A clear and compliant application can reduce delays and improve approval chances. Changes to the H-1B Application Process The H-1B application process has been updated to improve accuracy and reduce incomplete or incorrect submissions. Authorities now require more detailed and structured information from applicants and employers. The latest version of Form I-129 must be used for all applications.  Applications submitted on outdated forms will be rejected automatically.  Job roles must be clearly defined with duties and responsibilities.  Applicants must provide details of their field of study.  Academic qualifications must be supported with official evidence.  Supporting documents must be complete, accurate, and consistent.  The changes will help decrease errors while allowing only qualified applications to proceed.  The process will reject applications because even minor errors or missing information will trigger automatic rejections. The applicants need to examine all of their documents in detail before they submit them. Shift from Lottery to Merit-Based Selection The most important modification involves discontinuing the traditional lottery system. The new system selects applicants who demonstrate both their qualifications and their economic value to the organisation.  The selection process now uses weighted criteria instead of random lottery selection. The system gives priority to applicants who demonstrate advanced skills. The application receives a boost from relevant work experience.  The selection process favours candidates who possess specialised skills in high-demand positions. Candidates with strong professional backgrounds have better chances of getting their applications approved.  The selection process now depends on established criteria instead of random selection methods. Applicants must prove their worth through their educational background, professional expertise, and work history. The United States workforce will use this method to attract top talent from around the world. Increased Focus on Salary Thresholds Salary has become a central factor in the updated H-1B selection process. The authorities need to establish fair payment standards for foreign workers, which should not impact local wage rates.   Selection chances increase when candidates receive higher salary offers.   The minimum salary thresholds will show expected growth.   Entry-level positions will face increased examination from authorities.   Wages must reflect the true market rate for the role.   Candidates who receive lower salary offers will face decreased chances of obtaining approval. Although exact salary thresholds have not been officially confirmed, it is expected that they will align with higher wage levels. This may create challenges for early-career professionals or roles with lower salary ranges. Applicants should carefully review salary expectations before applying. Employer Responsibilities and Compliance Employers play a critical role in the H-1B visa application process, and the new DOL regulations increase the amount of compliance and transparency that employers must meet regarding their H-1B visa applications. This means that employers now have an increased level of responsibility to ensure that they are complying with these regulations. Employers are now required to provide the following: Evidence of prevailing market wage rates for the position Verifiable specialized knowledge/skill(s) for the job Justification for the hiring of a foreign worker Accurate and verifiable documentation Consequences of Non-compliance – the employer’s application for an H-1B visa may be delayed, denied, or penalized due to their failure to comply. The above requirements have been put in place to protect the US labour market and prevent employers from abusing the H-1B visa program. Employers must double-check that they are following all applicable laws in the hiring process of each candidate who applies for an H-1B visa. Wider Immigration Policy Context The H-1B visa reform is one aspect of the US government’s overall plan to reform US immigration policy through control, fairness, and economic value. Specifically: 1. There has been an increase in visa application fees in recent years. 2. There has been a significant increase in the cost of employer sponsorship. 3. Certain cases may incur additional costs. 4. Applications for H-1B visas are now subject to more rigorous review. 5. There has been a much tighter enforcement of eligibility requirements and criteria. These changes should help to eliminate waste and encourage the issuance of H-1B visas to individuals who have demonstrated economic benefit and will enhance productivity in the US economy. Therefore, H-1B visa applications will now undergo a more thorough review and be more thoroughly considered on a case-by-case basis to help provide a fairer and more competitive process for H-1B visa applicants. What This Means for UK Applicants UK applicants need to give more thought than ever before now that the new regulations are in place. A prepared and complete application can create significant differences. The need for accuracy and completeness Employment opportunities based on pay will increase approval Strong qualifications and related history required Application errors or lost documents may delay or deny your application Plan to avoid delays and issues Before starting your application, research what you will need to prepare, and prepare all your documents before you submit. If you rush or do not fully complete an application, you run a high risk of being denied with the new system. Practical Steps for a Strong Application The visa application process requires applicants to follow a systematic process for their H-1B visa application preparation. The latest..

UK Dual Citizens Travel Rules 2026: What British Dual Nationals Need to Know

The new UK travel rules, which take effect in February 2026, will affect British dual citizens who reside abroad. The UK Electronic Travel Authorisation (ETA) system introduces new regulations affecting the entry procedures for dual nationals into the United Kingdom. The update holds special significance for British citizens who possess another citizenship and typically use a foreign passport for their international travel.  The upcoming changes will introduce different regulations that will impact their dual British citizenship status. The new regulations require British dual citizens to present their British passport because their non-British passport no longer allows them to enter the United Kingdom. The two required documents for travel to the UK include a valid Irish passport for Irish citizens, or a foreign passport together with a Certificate of Entitlement to the Right of Abode.  The UK will refuse entry to anyone who does not possess one of these essential documents. The UK government established these regulations to control international movement because of security needs.  The Electronic Travel Authorisation (ETA) system will become mandatory for all travelers from visa-free countries who wish to enter the United Kingdom beginning on 25 February 2026. British citizens do not have the option to apply for an ETA.  Dual nationals who travel with a foreign passport must provide official proof of their British citizenship status. UK border control will now enforce these regulations with stricter measures. When Do the New Rules Take Effect? The new travel requirements will come into effect on February 25, 2026. The ETA requirement for eligible country travelers begins on this date. What Is a Certificate of Entitlement?  The Certificate of Entitlement provides proof that a person holds the right to live in the United Kingdom. The document enables British citizens to enter the United Kingdom by using non-British passports.  Starting from 2026, all dual citizens without British or Irish passports must obtain this certification to travel.  Cost of the Certificate of Entitlement: The current fee for the service amounts to 589 pounds.  The certificate requires renewal whenever an individual receives their new passport.  The processing period experiences significant delays because international applicants face difficulties.  British passport applications provide a more affordable solution for most applicants.  British Passport vs Certificate of Entitlement  A standard British passport currently costs significantly less than a Certificate of Entitlement. British citizens who reside abroad must expect to face extended waiting periods to fulfil additional requirements to obtain their passports from overseas.  The selection of the appropriate option requires assessment of personal needs, which involves both emergencies and current documentation status, and the geographical area. Special Position for Irish Dual Citizens British citizens who also hold Irish nationality will not be affected in the same way. Irish passport holders are exempt from the ETA system under existing UK–Ireland travel arrangements. This means British-Irish dual nationals may continue to use their Irish passport to enter the UK without needing a Certificate of Entitlement. Who Will Be Most Affected? The alterations will have their main effect on two groups, which include  British citizens who have lived abroad for many years,  people who use foreign passports for their regular travels  dual citizens who do not know their UK citizenship status  families who travel with British citizen children.  Incorrect documentation can lead to entry delays or entry denials.  Farhan & Co advises British dual nationals to review their travel documents well in advance of the February 2026 deadline.  Advanced planning helps to prevent both financial losses and operational interruptions.  Our immigration and nationality law team provides support for British passport applications Certificate of Entitlement applications  Citizenship status assessments together with advice on ETA-related travel requirements and family nationality matters.  British dual citizens must provide valid proof of British nationality when travelling from February 2026 onwards.  A foreign passport now stands as insufficient for entry into the UK.  People will experience fewer problems if they learn about the new requirements at this moment.  People who need specific legal advice about British nationality and travel documents should reach out to Farhan & Co for expert assistance.

Government Outlines New “Earned Settlement” Proposal Ahead of Consultation

A significant transformation in the UK policy of acquiring Indefinite Leave to Remain (ILR). On 20 November 2025, the UK government officially announced its intention to change the ILR system under the new “earned settlement” model set out in A Fairer Pathway to Settlement. These proposed changes would, if accepted, totally alter the current settlement regime in the UK. The policy would give up a mainly automatic five-year path to ILR and replace it with a longer, more conditional process based on various factors such as contribution, integration, compliance, and character. Right now, a public consultation lets people, employers, and organizations share their views on the earned settlement system. They can discuss how it should work, who should apply to it, and what exemptions they should allow. What Is “Earned Settlement”? The suggested settlement in the UK system would not primarily rely on the migrant’s physical presence in the country anymore. Gradually, they would award ILR, and the evaluators would assess every alien based on the four basic pillars. Personality Joining Giving Living All the visa paths would start with a minimum period of stay required, which factors such as the person’s income, English proficiency, contributions to the public service, immigration record, and reliance on government support could shorten or lengthen. How Settlement Works Under the Current System At present, ILR is largely time-based: Once these conditions are met, settlement is generally straightforward. What Is Changing Under the New Proposal? 1. A Longer Default Qualifying Period Under the earned settlement proposal: Settlement would no longer be automatic at the end of a qualifying period; it would depend on meeting mandatory criteria and earning time reductions. Mandatory Requirements for All Applicants To be eligible for ILR, every applicant has to fulfill all the requirements that won’t be subject to negotiations, among which are: Ways in Which the Qualifying Period Could Be Shortened Who Will Still Qualify in 5 Years? Some routes are expected to retain a five-year path, including: However, even these groups would still need to meet the new mandatory criteria, unless specific exemptions are introduced. Factors That Could Extend Your Route to ILR Certain actions could significantly lengthen your qualifying period, potentially up to 30 years in extreme cases. Examples include: These extensions would apply on top of the baseline qualifying period. Impact on Key Groups Skilled Workers & Health and Care Workers Entrepreneurs & Exceptional Talent Families of British Citizens Long Residence, Private Life & Protection Routes

UK to Rejoin the Erasmus Scheme: What It Means for Students

The UK is set to re-enter the EU’s Erasmus Scheme after it formally quit the programme due to Brexit in 2021. This move signals a major change in UK–EU educational cooperation and is likely to open up again the desirable study and work placement opportunities for both UK and European students. Officially called Erasmus+, the programme is likely to reinstate the UK’s participation by 2027, costing up to £570 million. In the case that you are going to study abroad or you will be an international student in the UK, then it’s very important to know the immigration implications beforehand. How Students Will Benefit from the Erasmus Scheme Erasmus+ covers study, work experience, and training in several research and other fields, such as: Higher and further education Vocational training Culture and sport Professional development UK students studying at participating European institutions can stay there for up to one year as part of their degree course without having to pay additional tuition fees. Grains and support funding will also be provided.  And so, EU students will be able to study in UK universities with similar conditions, thus restoring the academic mobility lost after Brexit. The government instituted the Turing Scheme in place of Erasmus, but did not cater for subsidised tuition fees or the same level of financial support. Thus, while Turing offered global mobility, it was not as favorable as Erasmus. Hence, Erasmus becomes a choice widely supported by students and educational institutions.  Skills Minister Jacqui Smith characterized the announcement as a significant stride forward, emphasizing the renewal of cooperation between the UK and the EU and the benefits that come with it. Immigration Considerations for International Students The mobility of students will increase significantly starting from 2027, and students who are going both ways will need essential immigration planning. For Students Coming to the UK The immigration route is going to depend on the student’s nationality and study duration.   Longer than Six Months Study Periods   The institutions can accept applications up to six months earlier than the start date of the course, with usual processing times of about eight weeks. Generally, applicants must prove:  Real involvement in the Erasmus Scheme  A legitimate Confirmation of Acceptance for Studies (CAS) is required if required Study periods of six months or less  A limited period of study might be allowed under the following conditions:  A Standard Visitor Visa, or  An Electronic Travel Authorisation (ETA) Students from the countries that require visas will have to apply for a Standard Visitor Visa. However, the majority of the EU nationals are free from the visa requirement and would, therefore, only need an ETA for a short study visit. There are expectations of providing further clarification regarding the immigration regulations related to Erasmus as we approach 2027. For UK Students Studying in Europe UK students intending to study, train, or take internships in Europe will have to follow the immigration rules of the country where they are going. The rules differ, but students may be required to have: A study visa or permit A visa for short-term placement or training A work permit for longer placements If staying in the Schengen Area for a maximum of 90 days, a visa may not be required if certain conditions are met. From October 2025. British nationals traveling to or from Schengen countries will also have to give biometric information as part of the European Union’s new Entry/Exit System. How Farhan & Co Can Help Immigration requirements for international study are often complicated, especially when there are multiple jurisdictions involved. The immigration lawyers at Farhan & Co. are highly skilled and provide free, practical advice on: UK Student Visas Short-term study and visitor routes Immigration compliance for international students Time-sensitive and urgent applications We provide legal assistance tailored to the needs of the students, families, and educational institutions at every step of the process. Our team is ready to help if you are considering studying in the UK or elsewhere and require expert immigration advice.

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