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...
H-1B Specialty Occupation & H-4 Dependent visas
In a significant legal development affecting U.S. immigration policy and employer hiring strategies, a federal district court in Washington, D.C. has upheld the Trump administration’s controversial $100,000 fee on certain H-1B visa petitions, rejecting a legal challenge brought by the U.S. Chamber of Commerce. The business lobby has since filed an appeal and continues to...
The U.S. Department of State has announced that, beginning December 15, all H-1B and H-4 visa applicants will now undergo an online presence review, a screening measure previously required only for F, M, and J students and exchange visitor categories. Expanded Social Media Review Requirements Applicants in the H-1B, H-4, F, M, and J visa...
The Supreme Court has declined to review a long-running legal challenge to the work authorization program for spouses of H-1B visa holders, known as the H-4 EAD. On October 14, 2025, the Court refused to take up Save Jobs USA v. U.S. Department of Homeland Security, effectively ending the case and leaving in place the...
The current government shutdown has created significant uncertainty for employers and foreign workers navigating the H-1B process. While the U.S. Citizenship and Immigration Services (USCIS) remains operational, other key agencies involved in the process, particularly the Department of Labor (DOL), have been directly affected, making it challenging for employers to move forward with H-1B filings....
The headlines have been dominated by talk of a proposed $100,000 H-1B filing fee. While that number grabs attention, it’s a distraction from the changes that will truly reshape the H-1B landscape. Employers should be far more focused on three key developments: prevailing wage increases, a weighted lottery system, and Project Firewall. Prevailing Wage Increases...
We are pleased to share that our firm has secured its first approval of an H-1B self-petition. This milestone allows our client to transfer from his current employer to his own company, giving him the ability to take control of his career and officially launch his business. Effective January 17, 2025, a new rule permitted...
Surprisingly, this Trump administration has not attacked the H-1B program, at least not with regard to filings through USCIS. Under the previous Trump Administration, we saw a huge uptick in requests for further evidence (RFEs), and denials and approval rates took a nosedive. Since Trump took office earlier this year, approval rates remain high, although...