Beltway Buzz, January 16, 2026

State Department Stops Visa Processing. On January 14, 2026, the U.S. Department of State announced on social media that the Department would “pause immigrant visa processing from 75 countries whose migrants take welfare from the American people at unacceptable rates.” The pause will commence on January 21, 2026, and continue indefinitely. Nonimmigrant visas, such as H-1B visas, are not impacted by the announced pause. The seventy-five countries are listed by the State Department here.

Independent Contractor Proposal on the Way? The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has sent to the Office of Information and Regulatory Affairs (OIRA) a proposed regulation relating to “Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act.” Although the proposal has not been released to the public, according to the abstract, “The Department intends to rescind the 2024 IC rule and is considering how it will proceed with respect to independent contractor classification under the FLSA employee [sic] or under the FLSA.” Thus, while it is a safe bet to assume that WHD will propose rescinding the existing independent contractor regulation, it is unclear at this time whether the agency will also propose a new standard.

The Biden-era rule was finalized in January 2024 and is still the subject of multiple legal challenges, but the WHD announced on May 1, 2025, that it would no longer enforce the rule.

EEOC Seeks to Rescind Harassment Guidance. The U.S. Equal Employment Opportunity Commission (EEOC) has sent to OIRA a “final rule,” titled, “Rescission of Enforcement Guidance on Harassment in the Workplace.” The guidance, which was first proposed in 2017, later reproposed in 2023 and finalized in 2024, “presents a legal analysis of standards for harassment and employer liability applicable to claims of harassment under the equal employment opportunity (EEO) statutes enforced by the Commission.” As the title of the submission indicates, rather than amending the guidance, it appears that the Commission will rescind it in its entirety without receiving public comments. The Commission has further announced that rescission of the guidance will be a topic (i.e., vote) of a public meeting on January 22, 2026.

House Passes One Employment-Related Bill, Rejects Another. It was a “good news, bad news” type of week for Republican leaders in the U.S. House of Representatives when it came to the passage of employment-related legislation.

• First, the good news for Republican leaders. On January 15, 2026, the House passed the “Protecting Prudent Investment of Retirement Savings Act” by a vote of 213–205, with three Democrats voting for the measure. The bill would reverse a Biden-era regulation by clarifying that plan fiduciaries must prioritize pecuniary factors—rather than environmental, social, or corporate governance (ESG) factors—when making investment decisions. The administration is addressing the regulation, too, as the DOL’s Employee Benefits Security Administration (EBSA) plans to issue a proposal in May 2026 to amend or rescind the regulation.
• On the other hand, the Flexibility for Workers Education Act, which would allow employers to provide voluntary training opportunities to employees without the time counting towards hours worked, failed by a vote of 209-215. Six Republicans joined with Democrats to vote against the bill. As a result, Republicans scrapped votes on two other labor/employment-related bills, including the Tipped Employees Act and the Save Local Business Act. In light of these developments and considering that the countdown to the midterm elections is already on, the Buzz wonders if this might be the last vote we see on labor/employment-related legislation in this Congress.

House Republicans Kick Off Series of Hearings on Artificial Intelligence (AI). On January 14, 2026, the House Committee on Education and the Workforce held a hearing, titled, “Building an AI-Ready America.” This hearing focused on the role that AI plays in education and workforce development, as well as in the workplace. Committee Chairman Tim Walberg (R-MI) highlighted the need for federal employment laws to keep pace with the rapidly changing ways that people work—a subtle plug for bills such as the Modern Worker Empowerment Act (H.R. 1319) and the Modern Worker Security Act (H.R. 1320). Some witnesses also warned about potential discriminatory effects that AI could have in the workplace. The Buzz will continue to monitor future committee hearings in this area, as well as any potential legislation that may result.

Noel Canning and Recess Appointments. Twelve years ago this week, the Supreme Court of the United States heard oral arguments in National Labor Relations Board v. Noel Canning. The case, which marked the first time the Supreme Court interpreted the Recess Appointments Clause of Article II of the Constitution, involved a challenge to President Barack Obama’s recess appointments of Sharon Block, Terence F. Flynn, and Richard F. Griffin, Jr., to the National Labor Relations Board (NLRB) on January 4, 2012—during a three-day adjournment of the Senate. The Court ruled that appointments made while the Senate is in recess for less than ten days are not covered by the Recess Appointments Clause, thereby invalidating the appointments of Block, Flynn, and Griffin, as well as the NLRB rulings issued during the approximately eighteen months after their appointments.

As a result of Noel Canning and subsequent parliamentary maneuvering in the Senate, presidential recess appointments have decreased dramatically:

• President Ronald Reagan: 240 recess appointments
• President George H. W. Bush: 77 recess appointments
• President William Clinton: 139 recess appointments
• President George W. Bush: 171 recess appointments
• President Barack Obama: 32 recess appointments
• President Donald Trump: 0 recess appointments
• President Joseph Biden: 0 recess appointments
• President Donald Trump: 0 recess appointments thus far.