We get this question a lot from employers. The certified LCA lists $85,000. The employee has been paid $100,000 for two years. Business slows, a major account goes away, and the employer asks the obvious question: can we go back down to the $85,000 we certified? Usually the answer is no. The LCA wage is...
H-1B Information
On September 11, 2026, DHS published a new rule in the Federal register titled “Eliminating the Discretionary 60-day Grace Period,” with comments due 60 days later, which puts the deadline at November 10, 2026. The short version: if this rule is finalized as drafted, a nonimmigrant worker whose employment ends is out of status and...
Aug242026
On August 25, 2026, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) that would impose a $103,265 fee on H-1B cap-subject petitions. The timing is not a coincidence. It comes one month after the First Circuit refused to let the government reinstate the $100,000 fee created by last September’s presidential...
I’ve been telling people this for a while now: if you own your own company and want to sponsor yourself for an H-1B through it, you do not need a board of directors. No investors. No outside corporate governance. None of it. I’ve said it enough times that people started asking me if I was...
A rule effective January 17, 2025, changed what’s possible for entrepreneurs and business owners pursuing an H-1B visa. It allows H-1B beneficiaries to self-petition even when they hold a controlling interest in the petitioning entity. For founders and beneficiary-owned businesses, that opened a real path forward. But this path comes with specific documentation requirements. This...
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....
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...