Leadership transitions in Washington do not always result in immediate policy changes—but they often signal shifts in emphasis, tone, and enforcement priorities that can shape how existing rules are applied.
Recent developments at the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) are a case in point. DHS now has a newly confirmed Secretary, while DOL is currently operating under interim leadership following the recent resignation of its Secretary. Although formal policy announcements remain limited, early indicators—and the broader policy environment—offer some useful guidance for employers, petitioners, and foreign nationals navigating the immigration system in 2026.
Stability at DHS, but Continued Emphasis on Enforcement and Integrity
With a permanent Secretary now in place at DHS, stakeholders can expect a greater degree of administrative stability compared to periods of acting leadership. Historically, confirmed leadership at DHS tends to correlate with more consistent policy execution and clearer internal direction.
At the same time, nothing in the current landscape suggests a retreat from the agency’s ongoing focus on program integrity. If anything, recent years have shown a continued emphasis on:
- Petition scrutiny and evidentiary rigor
- Worksite compliance and site visits
- Detection and deterrence of fraud or misuse of visa programs
For employers and applicants, this does not necessarily mean harsher outcomes, but it does reinforce an important reality: immigration benefits that may once have been perceived as routine are now evaluated with a higher level of attention to detail.
DOL in Transition: A Pause, Not a Departure
At DOL, the situation is more fluid. With the Secretary’s recent resignation, the agency is currently led by an interim official. In practical terms, this typically results in a temporary slowdown in major policy initiatives rather than an abrupt change in direction.
However, even during leadership transitions, DOL continues to play a central role in employment-based immigration through:
- Prevailing wage determinations
- PERM labor certification adjudications
- Enforcement of wage and labor standards
The research suggests that many of the policy initiatives already in development—particularly those related to wage methodology and labor market protections—are likely to continue moving forward, even if timelines or final contours shift under future leadership.
Reading Between the Lines: Continuity with Targeted Adjustments
Taken together, the developments at DHS and DOL point less toward a wholesale policy shift and more toward continuity with refinement.
A few themes appear likely to persist:
- Greater alignment between agencies: Coordination between DHS and DOL—especially in areas like wage levels and labor market impact—has been an increasing focus and may continue to evolve.
- Heightened evidentiary expectations: Whether in H-1B, PERM, or immigrant petitions, documentation standards remain high and may continue to tighten incrementally.
- Focus on U.S. labor protections: Policies that emphasize wage growth and protection of U.S. workers are likely to remain central, regardless of leadership changes.
None of these trends are entirely new—but leadership transitions often reinforce them in meaningful ways.
Practical Takeaways for Employers and Applicants
In this environment, the most effective strategy is not to wait for definitive rule changes, but to prepare for how existing rules are being applied.
That means:
- Treating every filing as if it will receive close scrutiny
- Ensuring wage levels, job descriptions, and business justifications are carefully documented
- Planning ahead for longer timelines or shifting adjudication patterns
- Seeking experienced legal guidance early in the process
Looking Ahead
While leadership changes alone rarely drive immediate outcomes, they often set the stage for more consequential developments.
One such development is already on the horizon: a proposed rule that could significantly reshape prevailing wage calculations for H-1B and PERM cases. That proposal—and its potential impact on employers and foreign workers—will be the focus of a future post.
How Buda Law Group Can Help
In times of transition, clarity and preparation matter more than ever. At Buda Law Group, we work closely with employers, entrepreneurs, and skilled professionals to navigate evolving immigration policies with confidence. Whether you are planning a new petition, responding to increased scrutiny, or preparing for potential regulatory changes, our team is here to help you move forward strategically and successfully.