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FY2027 H-1B Lottery Will Adopt a Wage-Based Weighted Selection System: What Employers Need to Know
The H-1B season is upon us again! As we approach the registration window, we want to ensure you are well-prepared for this year’s H-1B cycle, especially given the recent H-1B lottery policy reforms. The U.S. Department of Homeland Security (DHS) has issued the final rule introducing a wage-based weighted random selection system for cap-subject H-1B registrations. The rule will take effect on February 27, 2026 and is expected to apply to the FY2027 H-1B registration season (ty
Jan 142 min read
USCIS Announces Significant Reduction to EAD Validity Periods
On December 4, 2025, USCIS announced that the maximum validity period for certain categories of Employment Authorization Documents from five years to no more than 18 months per issuance. The change is intended to strengthen screening and background checks for foreign nationals seeking authorization to work in the U.S.Effective for all applications filed or pending on or after December 5, 2025, the 18-month limit applies to: Refugees Asylees Individuals granted withholding of
Dec 10, 20251 min read
Update: H-1B Proclamation and Agency Guidance
I. Presidential Proclamation On September 19, 2025, the White House issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. It provides that: Effective 12:01 a.m. EDT, September 21, 2025. A $100,000 payment must accompany any new H-1B petition. Applies only to individuals outside the U.S. seeking H-1B admission. The Department of State will issue visas only if the payment has been made. Valid for 12 months, unless extended. Future reforms will raise pre
Sep 22, 20251 min read
Social Media Disclosure for Green Card Applicants
The Trump administration has introduced a new immigration policy proposal requiring the U.S. Citizenship and Immigration Services (USCIS) to collect social media account information from green card applicants and certain other immigration applicants. On March 5, 2025, USCIS announced that social media accounts—such as Facebook and Instagram—would become part of the application process for individuals seeking to enter the U.S. or apply for asylum. While visa applicants have al
Apr 8, 20252 min read
DHS Introduces Mandatory Alien Registration Rule
On March 12, 2025, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published an Interim Final Rule (IFR) introducing a standardized alien registration process through a new form: Form G-325R, Biographic Information (Registration).Please review the summary below carefully and consult your attorney if any of the provisions apply to you or your family. ✅ Who is already registered? You are already registered if one of the following
Mar 25, 20253 min read
First 60 Days in Focus: Trump’s Immigration Executive Orders
During the first 2 months of President Trump’s second term, immigration policy has already undergone significant adjustments. Since 01/18/2025, there have been 18 executive orders related to immigration issued, potentially reshaping the U.S. immigration system. Below is an overview of several key policies and their impacts. 01 Protecting the Integrity of U.S. Citizenship The Trump administration has redefined birthright citizenship, requiring at least one parent to be a U.S.
Mar 21, 20252 min read
USCIS Announces FY2026 H-1B New Policy
The H-1B season is here again and electronic registration for the FY2026 cap will open at noon ET on March 7 and run through March 24, 2025. We want to remind you to get prepared if you plan to sponsor any H-1B candidates this year. If USCIS receives enough registrations by March 24, it will randomly select registrations and send selection notifications via myUSCIS online accounts. If not enough registrations are received, all registrations that were properly submitted in the
Feb 7, 20252 min read
DHS Releases Final Rule Modernizing H-1B and Nonimmigrant Programs
The U.S. Department of Homeland Security (DHS) has issued a final rule modernizing the H-1B program, refining nonimmigrant work visa policies. These changes aim to improve program integrity, provide greater flexibility, and reduce administrative burdens. Here’s a summary of the key updates: Specialty Occupation. The candidate’s educational degree must be directly related to the H-1B job duties. This means there is a logical connection between the degree or its equivalent, and
Dec 17, 20242 min read
USCIS Updates Child Status Protection Act (CSPA) Age Calculation Rules for I-485 Adjustment of Status Applications
On August 24, 2023, USCIS announced a policy update that clarifies the Child Status Protection Act (CSPA) age calculation rules for I-485 adjustment of status applications, as previously issued on February 14, 2023. This update benefits families whose children have aged out under the Final Action Date (Chart A) but not under the Filing Date (Chart B). Background On February 14, 2023, USCIS announced a policy change regarding CSPA age calculation for I-485 adjustment of status
Aug 29, 20232 min read
Expansion of Premium Processing for F-1 Students Seeking OPT and STEM OPT Extensions
USCIS announced on March 6th, 2023, the expansion of premium processing for certain F-1 students seeking OPT and F-1 students seeking STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. With this expansion, online filing of Form I-907, Request for Premium Processing Service, is now available to F-1 students in these categories. USCIS continues to accept the latest paper version of this
Mar 6, 20231 min read
Expansion of Premium Processing for Form I-140 - Final Phase Implementation
USCIS is about to implement the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers. This expansion will apply to petitions under the EB-1 and EB-2 classifications, including new (initial) petitions, as well as all previously filed Form I-140 petitions under the EB-1C and EB-2 NIW I-140 petitions. Petitioners who wish to take advantage of the premium processing service will need to file Form I-907, Request for Premium Processin
Jan 12, 20231 min read
Premium Processing Will Become Available to More Pending EB-1C and EB-2 NIW Cases
The regulation regarding the expansion of the USCIS premium processing program was published in March 2022, and the first phase of expansion started earlier in June 2022. Today, USCIS announced that the expansion will continue to become available to the following categories: EB-1C: Starting 08/01/2022, I-140 cases filed before 07/01/2021 will be eligible for premium processing. EB-2 NIW: Starting 08/01/2022, I-140 cases filed before 08/01/2021 will be eligible for premium pr
Jul 15, 20221 min read
Premium Processing Will Become Available to Certain Pending EB-1C and EB-2 NIW Cases
The regulation regarding the expansion of the USCIS premium processing program was published in March 2022. Today, USCIS announced that the expansion will first become available to the following categories: EB-1C: Starting 06/01/2022, cases filed before 01/01/2021 will be eligible for premium processing. Starting 07/01/2022, cases filed before 03/01/2021 will be eligible for premium processing. EB-2 NIW: Starting 07/01/2022, cases filed before 06/01/2021 will be eligible for
May 24, 20221 min read
EB-5 Final Action Dates Effective Immediately
The EB-5 Immigrant Investor Regional Center Program has been reauthorized by the Consolidated Appropriations Act in 03/2022. EB-5 Regional Center petitions filed before 06/30/2021 have been resumed processing. According to the Department of State Visa Bulletin, EB-5 Final Action Dates in the May Visa Bulletin are effective immediately in April. As shown in the May Visa Bulletin, a "reserved" pool is created to reflect the new categories for qualified immigrants who invest in
Apr 17, 20222 min read
USCIS Restores Deference to Prior Determination in Extensions
On 4/27/2021, USCIS issued policy guidance to restore the deference to prior determinations when adjudicating extension petitions. In 2004, guidance was issued to direct the adjudicating officers to “generally defer to” prior determinations when reviewing extension petitions with the same facts by the same petitioner. This meant, for instance, when a company filed an H1B extension petition, the officer would generally grant approval if the employee’s position title, job dutie
Apr 29, 20211 min read
Non-Immigrant Entry Suspension Order Expired
Presidential Proclamation 10052, which suspended the entry to the U.S. of certain nonimmigrant applicants for H-1B, H-2B, L-1, and J-1 visas, expired on March 31, 2021. This means that nonimmigrant visa services will be gradually resumed. At the same time, the Department of State announced the phased resumption of routine visa service. Notably, U.S. embassies and consulates continue to provide emergency and mission-critical visa services, and will gradually begin providing a
Apr 1, 20211 min read
Immigration Visa Suspension Order Revoked
On February 24, President Joe Biden signed a Proclamation revoking the immigrant visa suspension Order, a.k.a. Proclamation 10014. Proclamation 10014, issued in response to the pandemic, restricted certain immigration applicants outside the U.S. who did not have a valid immigration visa already or an official travel document. This means that immigrant visa services will be gradually resumed. At the same time, the Department of State announced the phased resumption of routin
Feb 24, 20211 min read
H-1B Cap Registration Will Start on March 9
USCIS has announced the timeline for FY2022 H-1B registration. The online registration system will open on March 9, 2021. Petitioning employers need to complete the H-1B registrations and pay the registration fees between noon EST March 9, 2021 and noon EDT March 25, 2021. It should be noted that only an employer, or its attorney, can register the candidates for H-1B selection. Employee candidates cannot register themselves. The result of the lottery is expected to be updated
Feb 8, 20211 min read
DOL Revised Final Rule Will Increase Prevailing Wages
A Department of Labor (DOL) issued a Revised Final Rule (the revised rule) yesterday which incorporated the 10/08 Interim Final Rule. Although the prevailing wage levels under the revised rule are not as high as initially sought by DOL in the 10/08 rule, it still will significantly increase the prevailing wage levels for H-1B, E-3, and H-1B1 and PERM cases. Specifically, the following shows how much the increases are compared to previous wage levels: Level I Wage: current -17
Jan 15, 20212 min read
Wage-Based H-1B Selection To Replace Random Computerized Lottery
The DHS published a Final Rule this morning that prioritizes the selection of H-1B registrations based on employers who pay the highest wages, replacing the current random selection process with a new wage-based selection process. Under the final rule, the H-1B selection will prioritize the highest OES prevailing wage level, starting with the highest wage level IV, and then continuing to select cases in descending order from OES wage levels III, II and I. This means that with
Jan 8, 20211 min read
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