Hamilton Immigration Weekly Update: October 23, 2026
Week ending October 23, 2026
This week: a new boarding requirement for U.S.-bound air travelers, movement in the November Visa Bulletin, and another reminder that PERM recruitment cannot be treated as a paperwork exercise.
New CDC requirement for U.S.-bound flights
Beginning with flights departing a foreign country at or after November 3 at 11:59 p.m. EST, covered passengers traveling to the United States must attest that they have not been in the Democratic Republic of the Congo during the preceding 21 days. The requirement includes U.S. citizens and permanent residents, passengers connecting through the United States, and departures from preclearance airports. Airport transit through the DRC counts as presence there.
CDC says the measure is intended to reduce the risk of Ebola entering the United States. It creates a boarding requirement, not a change in immigration status. For travelers without recent DRC travel, the principal new burden is completing the attestation. For those who have been there, it may prevent travel unless an exemption applies. A valid visa or green card does not eliminate this requirement.
Employers should add the attestation to their travel checklists before employees leave for international trips. The order is scheduled to end December 18 unless modified or rescinded. CDC instructions and attestation.
November Visa Bulletin: EB-2 advances, most filing dates stay put
USCIS will use the Dates for Filing chart for employment-based adjustment applications in November. The most notable Final Action Date movement is in EB-2 for applicants chargeable to countries other than India and China, including Mexico and the Philippines: the cutoff advances three months to April 1, 2025. Several EB-3 categories also advance, but most filing dates remain unchanged.
The distinction matters. Movement in Final Action Dates can help applicants waiting for approval without creating a new opportunity to file. Where a cutoff applies, the priority date must be earlier than that date, not equal to it, and applicants must independently meet the other adjustment requirements.
PERM recruitment: the application process matters
On October 20, DOJ and the EEOC announced an Instacart settlement involving $1 million in civil penalties and up to $4 million in compensation. The agencies alleged that the company required mailed applications for PERM positions while accepting electronic applications through its ordinary hiring process, creating additional barriers for U.S. workers. This is a settlement of discrimination allegations, not a new regulation requiring every recruitment method to match.
The practical lesson is broader than whether an advertisement satisfies DOL’s technical requirements. Employers should examine whether applicants can realistically find the job, apply, and receive genuine consideration. A less visible or more restrictive PERM process can create discrimination risk even when the recruitment checklist appears complete. DOJ announcement.
