EOR & Compliance Digest, June 6: EB-2 India Retrogression Stalls Green Cards

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EOR compliance update: India, United States, France, Switzerland

EOR & Compliance Digest, June 6: EB-2 India Retrogression Stalls Green Cards

If you sponsor Indian talent in the United States, this week stings. The June visa bulletin pushed the EB-2 India retrogression back more than 10 months. EB-1 India also moved backward. Meanwhile, Europe hits its biggest pay-equity deadline tomorrow. Still, most member states will miss it. In addition, France and Switzerland switched on new telework reporting. And Oregon added a fresh protection for workers fixing their employment papers. Here is what changed, and what to do about it.

EB-2 India Retrogression Stalls Employment Green Cards

The U.S. State Department’s June 2026 visa bulletin moved the EB-2 India final action date back by more than 10 months. Specifically, it now sits at September 1, 2013. EB-1 India also slipped about three and a half months, to December 15, 2022. (Source: U.S. Department of State) The reason is demand. Heavy filing from India-chargeable applicants forced the cutoff back to hold number use inside the FY 2026 limit. (Source: WR Immigration)

What the EB-2 India retrogression changes

For now, USCIS will keep accepting employment-based adjustment filings in June. Meanwhile, it is using the more generous Dates for Filing chart. However, the bulletin carried a warning. Further retrogression, or even an “unavailable” designation, may follow. That happens if India’s pro-rated limits run out before the fiscal year ends in September. (Source: Fragomen) For employers, the timeline just got longer and less certain.

Why this matters for your team

Say you have a senior data scientist on an H-1B. Their EB-2 priority date is from 2014. They are not getting a green card this year. As a result, you own their nonimmigrant status for several more years. So that means tracking H-1B extensions and keeping I-9 work authorization current. If you hire Indian nationals in the U.S., check your roadmap on our India hiring guide. Then budget for longer retention.

India EB-2 backlog: what to do this week

First, pull a list of every sponsored Indian national and their priority date. Second, map each H-1B expiry against the new cutoffs. Then file extensions early. Finally, brief affected employees directly. Uncertainty drives attrition faster than the wait itself.

EU Pay Transparency Deadline Arrives, and Most Countries Miss It

The EU Pay Transparency Directive must become national law by June 7, 2026. The European Commission has confirmed there will be no extension. (Source: Ogletree Deakins) Yet the rollout is a patchwork. The Netherlands and Denmark plan to miss the deadline and aim for January 2027. France is targeting September 2026. Ireland has confirmed it will not be ready. (Source: Syndio tracker)

So what does a missed deadline mean for you? The directive still binds the country once transposed. Employees can also rely on parts of it directly, even where local law lags. (Source: Bird & Bird) For distributed teams, the safer move is to comply now. Build pay bands. Drop salary-history questions. Share pay ranges with EU candidates.

France and Switzerland Switch On Cross-Border Telework Reporting

A permanent France-Switzerland telework agreement took effect on January 1, 2026. Both governments cemented it in Bern on May 1, 2026. (Source: EY Switzerland) French-resident cross-border workers can now telework up to 40% of their annual days. In exchange, they stay in the Swiss tax system. But Swiss employers must file monthly reports and secure A1 social-security certificates.

The reporting is detailed. For example, employers send each worker’s name, telework days, and gross salary to the Swiss tax authority. Specifically, the data flows through the Swissdec wage file. (Source: activpayroll) It will then be exchanged automatically with France in 2027. If you run French payroll for cross-border staff, set up day-tracking now. The 40% cap is measured across the whole year.

Oregon Protects Workers Updating Their Employment Papers

Oregon’s HB 4111 took effect on June 5, 2026. It bans firing or retaliating against an employee for one specific reason. That reason: updating their personal information after a lawful change to their federal work-authorization documents. (Source: Employment Law Worldview) In short, a routine document swap cannot trigger adverse action.

This connects to the visa story above. After all, as green-card timelines stretch, more employees will swap one work-authorization document for another mid-employment. For employers in Oregon, review your U.S. employment-law obligations. Then update I-9 reverification scripts so managers do not overreact.

Quick Hits

Action Items This Week

If you sponsor Indian nationals in the U.S.: List every EB-2 and EB-1 India case. Then file H-1B extensions early. The retrogression means several more years on nonimmigrant status.

If you hire anywhere in the EU: Do not wait for your country to transpose the directive. Build pay bands now. And stop asking for salary history before June 7.

If you employ staff between France and Switzerland: Turn on monthly telework-day tracking. Confirm A1 certificates are in place. The 40% cap is annual, so start counting from January.

If you hire in Oregon: Update I-9 reverification training by June 5. A lawful document change must never trigger adverse action.

Maybe these shifts have you rethinking how you hire across borders. If so, our cross-border compliance playbook and Global HRMS handle multi-country payroll, tax, and statutory reporting in one place. Worth a look before your next international hire.

FAQ: EB-2 India Retrogression and Global Hiring

What does the EB-2 India retrogression mean for my employees? The green-card wait for India-born EB-2 applicants got longer. The final action date moved back to September 2013. Affected employees stay on a nonimmigrant status such as H-1B. So employers must keep those work permits valid and file extensions on time.

Do we need an EOR for one employee in France or Switzerland? For most startups with a single cross-border hire, an EOR removes the tax and social-security risk. That now includes the new telework reporting. Larger companies with many local staff often set up an entity instead. An EOR also files the A1 certificates and monthly wage reports for you.

What happens if an EU country misses the pay transparency deadline? The June 7, 2026 deadline still binds the member state. The European Commission can open infringement proceedings. Employees may also rely on directly effective parts of the directive. So employers should comply now rather than wait.

How often do employment and tax rules change internationally? Tax and payroll rates usually change once a year, often between April and July. Employment and immigration rules can shift suddenly. The monthly U.S. visa bulletin is a good example. A per-country compliance calendar is the only reliable way to stay current.

Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant  or Labour Law  expert for specific guidance.

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