Just when employers thought they had a handle on the $100,000 H-1B fee, the litigation took another turn. On July 24, 2026, the First Circuit Court of Appeals declined to let the government reinstate the fee while its appeal plays out. A quick recap We’ve been tracking this fee since before it even took effect....
H-1B Information
The New F-1 Rule Ending Duration Of Status: What It Means For Day 1 CPT By Chris Prescott, Partner, PSBP Law On July 17, 2026, DHS published a final rule eliminating “duration of status” (D/S) for F-1 students and replacing it with a fixed period of admission, capped at four years, effective September 15, 2026....
In a long-awaited decision, a federal judge has declared the Trump administration’s attempt to impose a $100k fee on certain H-1B workers to be unlawful. Last September, the immigration community was shell-shocked when the Trump administration announced a $100k fee applicable to certain H-1B workers. Practitioners, employers, and employees initially scrambled to understand what the...
H-1B Wage Compliance, Benching, Unpaid Leave and the Cost of Getting It Wrong By Chris Prescott | PSBP Law | April 29, 2026 Most companies that sponsor H-1B workers think of the Labor Condition Application (“LCA”) as a piece of paperwork. They sign it, post it, file it with USCIS, and move on. Then a...
What Rep. Eli Crane’s Proposal Would Do, How It Compares to Existing Law, and What Employers, Workers, and Families Should — and Should Not — Do Right Now By Chris Prescott | PSBP Law | April 27, 2026 READ THIS FIRST. The End H-1B Visa Abuse Act of 2026 is a BILL that has been...
The U.S. Department of Labor (DOL) has indicated an intent to revise the prevailing-wage framework. On March 26, 2026, DOL issued a Notice of Proposed Rulemaking (NPRM) that, if finalized as proposed, would significantly increase prevailing wage levels. The NPRM was published in the Federal Register on March 26, 2026, with comments due in 60...
Requests for further Evidence, commonly known as RFEs are another obstacle in obtaining an approval across almost all immigration petitions, especially in the context of H-1Bs. Now that final selections have been made under the H-1B lottery, employers will be filing cap- subject petitions over the next 3 months (April 1 through June 30). During...
The Department of Labor (DOL) has quietly taken a significant step that could reshape the economics of employment-based immigration. A new proposal to revise wage rules across the H-1B, PERM, and related visa programs has been sent again to the Office of Management and Budget (OMB) for review. Why This Matters This is the second...