The FY 2027 H-1B cap season is here, and it comes with meaningful changes. USCIS has introduced a new wage-weighted selection process that favors higher-paid positions, making salary, wage level and location more important than ever. Employers should also be aware of the $100,000 penalty fee, which may apply to certain cases, including candidates outside...
Employment-Based Immigration
Feb182026
En inmigración familiar, su peticionario puede ser toda la diferencia. Entender quién es su peticionario puede ayudarle a establecer expectativas y planear su estrategia migratoria. ¿Quién es el peticionario? Inmigración basada en la familia suele comenzar con un peticionario. El peticionario puede ser un ciudadano estadounidense o un residente permanente legal que presenta una petición...
Feb182026
In family-based immigration, your petitioner can make all the difference. Understanding who your petitioner is can help you set realistic expectations and plan your immigration strategy. Who is the Petitioner? Family-based immigration typically begins with a petitioner. This petitioner can be a U.S. citizen or Lawful Permanent Resident who files a petition (Form I-130) on...
EB-1A (Extraordinary Ability) is an immigrant visa category for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. It is designed for individuals who have risen to the very top of their field and whose achievements have been recognized at a national or international level. One of the key advantages...
Premium Processing is an optional service offered by U.S. Citizenship and Immigration Services (USCIS) that allows certain immigration petitions to be adjudicated on an expedited timeline in exchange for an additional government filing fee. When Premium Processing is requested, USCIS guarantees action on the case by issuing an approval, denial, request for evidence (RFE), or...
Jan262026
The FY 2027 H-1B lottery is approaching fast. But what will this year’s lottery look like? Will there even be a lottery? To qualify for an H-1B, employers are required to submit an electronic registration on behalf of potential candidates. Each year there is a total of 85,000 visas available, 65,000 of which are reserved...
Our firm has recently seen a notable increase in Requests for Evidence (RFEs) in I-140 petitions where the beneficiary is being paid at or above the proffered wage, yet USCIS continues to question ability to pay based on negative net income reflected on the employer’s tax returns. While submission of tax returns is required under...
The Trump administration is once again going after the H-1B program and has now introduced a rule that will radically change the H-1B lottery for FY 2027. Background Every March foreign nationals enter the H-1B cap lottery in the hopes of competing for an H-1B to either begin employment in the United States or transition...