The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in...
Category: H-1B Visa
ABC’s of H-1Bs (This Is Part 2 of a 7-Part Series): How Much Must Employers Pay H-1B Employees—and Why Prevailing Wage Matters More Than Ever Under the New Selection System
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which...
NEW HIGH FEES AND H-1B STRATEGY: KEY PLANNING CONSIDERATIONS FOR L-1 EMPLOYEES, EMPLOYERS, AND HR
Each year, employers sponsor professionals working in the United States in L-1 status for the H-1B cap lottery. For many organizations, this dual strategy is part of long-term workforce planning, designed to provide flexibility and continuity for key employees.
With rising government filing fees and increased scrutiny around H-1B processing...
H-1B Lottery Changes for FY 2027 (March 2026 Registration): What Employers Need to Know
The H-1B cap registration process continues to evolve, and employers planning ahead for the FY 2027 H-1B cap season should be aware of important upcoming changes. While the H-1B program has always been competitive, recent regulatory developments signal a shift toward a more strategy-driven and compliance-focused registration process.
For employers...
NEW H-1B FEES COULD REACH $100,000: HOW EMPLOYERS CAN PREPARE FOR FY2027
U.S. employers preparing for the FY2027 H-1B lottery may soon face a major budgeting challenge: a potential new fee reported at $100,000, depending on how and where an employee files.
While H-1B programs have always required careful planning, this change could make location and filing strategy more important than...
Employer Immigration in 2026: What HR Teams Should Prepare for Now
As 2026 begins, many U.S. employers are entering a more demanding immigration environment—one shaped by tighter review standards, higher costs, and increased enforcement activity. For companies relying on foreign national talent, the best approach this year is early planning and stronger internal coordination between HR, recruiting, and legal teams.
ABC’s OF H-1Bs (THIS IS PART 1 OF AN 7 PART SERIES) H-1B FILING SEASON GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES.
U.S. Citizenship and Immigration Services (USCIS) requires employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $215.00 H-1B registration fee before filing a petition. USCIS will open an initial registration period for a minimum of 14 calendar days...
USCIS Introduces a Weighted H-1B Cap Selection System: What Changes Starting FY 2027
On December 23, 2025, the Department of Homeland Security (DHS) announced a major change to how H-1B cap registrations will be selected in future years. Instead of using a fully random lottery, USCIS will begin using a weighted selection system that gives higher chances of selection to higher-paid positions.
DHS Overhauls the H-1B Lottery: What Employers and Foreign Workers Need to Know
The Department of Homeland Security (DHS) has announced a major change to how H-1B work visas will be selected in the future. For the first time, the government is moving away from the long-criticized random lottery system and replacing it with a weighted selection process that favors higher-paid and higher-skilled workers.
Important H-1B Update: Presidential Proclamation and $100,000 Fee
A recent Presidential Proclamation introduces significant changes for certain new H-1B workers, including a temporary pause on approvals and new entry restrictions unless a $100,000 government fee is paid. These measures apply to specific H-1B petitions and individuals seeking entry to the United States. The Proclamation took effect on September 21, 2025,...