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...
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...
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.
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...
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.
