We have recently received a number of inquiries regarding international travel during the H-1B filing period or prior to the October 1 effective date, particularly whether such travel may trigger the $100,000 issue.   Under current policy and practice, travel is not automatically prohibited, but the timing and manner of travel are critical. The following 3 scenarios are generally the more prudent options to consider:   1. Remain in the United States and depart only after Octo

As this year’s H-1B lottery has concluded, even if you were not selected in this year’s H-1B lottery, there are still alternative immigration options available. Depending on the individual’s background and the employer’s situation, it is often possible to continue staying and working in the U.S. through other viable pathways. Below is a brief overview of several common options for your initial consideration: 1. J-1 Exchange Visitor Visa Suitable for researchers, visiting scho

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

As many of you prepare for international travel during the upcoming holidays, we want to share a brief update that may affect those who will need H-1B visa stamping to reenter the U.S. In the past few days, we’ve seen a number of U.S. consulates move or push back H-1B visa interviews originally set for mid-December 2025 and later. Consular officials have indicated that these adjustments are related to the implementation of enhanced social-media vetting, which requires additio

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

As international graduates navigate the transition from F-1 student status to H-1B status, many ask a strategic question: Is it permissible to delay H-1B activation in order to fully utilize the remaining time on OPT or STEM OPT? This article outlines the legal framework, practical considerations, and associated risks of such a decision. Activation Pathways for H-1B Status 1. Change of Status (COS): For petitions approved with a COS request, H-1B status automatically begins o

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

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

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

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

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

The Department of Labor (DOL) made an announcement today on the steps it will take to comply with the federal court ruling issued on 12/01/2020 invalidating both DOL Prevailing Wage Interim Final Rule and DHS H-1B Specialty Occupation Interim Final Rule. DOL plans to revert to the OES prevailing wage online data which was applicable before the prevailing wage increase on 10/08/2020 (“original OES prevailing wage data”), and the Implementation timeframe is as follows: The or

A federal district court in California issued a ruling today setting aside both DOL Prevailing Wage Interim Final Rule and DHS H-1B Specialty Occupation Interim Final Rule. The DOL Prevailing Wage Interim Final Rule which took effect on 10/08/2020 changed the prevailing wage levels for H-1B, E-3, and H-1B1 and PERM cases, resulting in higher OES-based prevailing wages. Today’s court ruling is immediately effective, invalidating the DOL and DHS rules, but the government is ex

A Department of Labor (DOL) Interim Final Rule (the new rule) which took effect yesterday (10/08/2020) changes the prevailing wage levels for H-1B, E-3, and H-1B1 and PERM cases, resulting in higher OES-based prevailing wages. Specifically, the following shows how much the increases are compared to previous wage levels: Level I Wage: 45th percentile (from 17th percentile) Level II Wage: 62nd percentile (from 34th percentile) Level III Wage: 78th percentile (from 50th percenti

USCIS Has Resumed Selecting More H-1B Registrations USCIS has already resumed selecting more H-1B registrations for this year. We have noticed that some cases where the H-1B registrations were not selected in March 2020 but were selected this week. This is great news for H-1B candidates who were not selected earlier in March. We would like to remind employers to double check the H-1B registration status in your myUSCIS account for any updates. If a candidate is selected, yo

As the COVID-19 pandemic continues to cause major changes, many employers have been forced to shut down or modify their businesses

Today, USCIS’s new H-1B cap registration system is open for employers to sign-up. If your company plans to sponsor H-1B workers for employment this year, then the employer must set up a registration account. To set up an account, go to https://my.uscis.gov/ and sign up as instructed. After you create the password and set up the security questions, go to the Account Type page and choose “H-1B Registrant” as your account type. The other choices are not for H-1Bs. Make a reco

Last Friday, USCIS announced that the long-anticipated H-1B electronic registration system will be implemented for fiscal year 2021, with the first registration period from March 1 through March 20, 2020. Highlights Employers must electronically register and pay $10 H-1B registration free before filing any petition. Each beneficiary must have a separate registration and be named in the registration. USCIS will randomly select from total registrations based on number of regist

On January 30th 2019, DHS announced the final decision on its proposed changes to H-1B cap-subject petitions. The two crucial decisions are as follows: Beginning on April 1st 2019, the cap-selection order reversal will apply to FY 2020 petitions, in which the regular lottery will be chosen before the advanced-degree lottery. This decision is meant to improve the lottery chances for applicants holding a Master’s degree or higher, with an estimated increase of up to 16% (~5,340

After instating a suspension of premium processing for all H-1B visas last April, USCIS extended it in September to an estimated end date of February 19, 2019. Fortunately, USCIS has lifted this suspension as of January 28, 2019 for certain H-1B petitions. This includes H-1B 2019 Cap petitions, meaning both Regular and Masters Quota petitions. Any employers wanting to expedite their fiscal year 2019 H-1B RFE responses can submit their premium processing request alongside thei