USCIS has announced proposed revisions to the H-1B cap registration system that could significantly change how beneficiaries are selected for FY 2027.
If implemented, the changes would move the H-1B lottery away from a purely random selection model and toward a weighted system tied to wage levels.
The threshold question for an H-1B nonimmigrant work visa is whether the intending H-1B nonimmigrant has the equivalence of a U.S. Bachelor’s Degree in a specific field. Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: “I would like to work in the U.S. using...
U.S. Citizenship and Immigration Services (USCIS) has announced that the FY 2027 H-1B cap initial registration period will open at 12:00 PM Eastern on March 4, 2026, and will remain open through 12:00 PM Eastern on March 19, 2026.
During this registration window, employers (and their authorized representatives) must...
The fiscal year 2027 H-1B cap season is approaching. The initial registration period is expected to open in early March 2026 and remain open for at least 14 calendar days.
Below is a quick overview of what employers can expect this season, including the planned introduction of a weighted...
As employers and foreign nationals prepare for upcoming immigration cycles, 2026 is shaping up to be a year that requires more planning, caution, and coordination—particularly for those relying on the H-1B visa program and international travel.
Recent policy developments, adjudication trends, and global conditions suggest that both H-1B strategy...
The U.S. Department of Labor’s Wage and Hour Division (WHD) has launched Project Firewall, a new enforcement initiative focused on strengthening compliance with the H-1B visa program and protecting U.S. workers from improper displacement.
Project Firewall is designed to hold employers accountable for misuse of the H-1B program and...
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...
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...
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...
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...
