The Department of Labor has taken an important procedural step toward revising wage rules for the H-1B nonimmigrant visa program and the PERM labor certification process. A proposed rule has now been cleared by the Office of Management and Budget, signaling that formal publication is likely next. The proposal has not yet been released publicly,...
H-1B Specialty Occupation & H-4 Dependent visas
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...
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...
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...
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...