In a significant development on Monday, June 8, 2026, a federal court ruled that the Trump administration’s $100,000 payment requirement for certain H-1B petitions was unlawful and vacated the policy implementing it in its entirety. The decision provides immediate relief to employers and foreign nationals who were concerned that the new payment would make many H-1B filings financially impossible. US District Judge Leo Sorokin of the District of Massachusetts invalidated the policy, finding that the administration exceeded its authority when it attempted to impose the charge through executive action.
Read moreEmployers See Rise in Labor Department Immigration Enforcement Site Visits
On September 19, 2025, the Department of Labor ("DOL") launched "Project Firewall", a broad enforcement initiative aimed at strengthening employer compliance with the H-1B visa program "to protect America's highly skilled workforce." This coincided with President Trump's proclamation, "Restriction on Entry of Certain Nonimmigrant Workers", issued the same day. A key feature of Project Firewall is the use of Secretary-certified investigations. For the first time in DOL history, the Secretary of Labor will personally certify the initiation of investigations where there is "reasonable cause" to believe an employer is not in compliance. Investigations may be launched through secretary certification or traditional enforcement channels. This marks a significant expansion of the DOL's enforcement role and, according to a report by Bloomberg Law on April 7, 2026, a DOL official noted "the department has marked a 48% increase in its caseload" of H-1B investigations since launching the program.
Read moreFY2027 H-1B Lottery Kick Off
Here we are, ready to kick off the fiscal year 2027 (“FY2027”) H-1B cap. US Citizenship and Immigration Services (“USCIS”) announced the initial registration period for the FY2027 H-1B cap will begin at 12 Noon Eastern on March 4, 2026, and run through 12 Noon Eastern on March 19, 2026. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required fee of $215 for each registration submitted on behalf of individual beneficiaries. The Service is maintaining its beneficiary-centric selection process launched for FY2025.
Read moreWhen the H-1B Is Out of Reach: Hiring Skilled Workers Without the $100,000 Fee
Small businesses that rely on specialized talent have long turned to the H-1B visa as the primary route to hire foreign professionals. The new requirement that employers pay a $100,000 fee for many H-1B cases filed after September 21, 2025 has changed that calculation. For large corporations, this new cost may be absorbable but for startups, boutique firms, local clinics, research labs, engineering shops, technology innovators, and other small employers, the fee can make the H-1B category functionally unavailable. Many employers who would ordinarily pursue H-1B sponsorship are now searching for realistic alternatives. This shift does not eliminate the possibility of hiring foreign talent. It does require creative, early planning to determine whether another visa classification aligns with the company’s needs and the candidate’s background. The goal is to match the role, the qualifications, and the business structure to a category that supports employment without triggering the $100,000 H-1B entry fee.
Read moreUSCIS Issues New Guidance on $100K H-1B Fee
Following President Trump’s September 19, 2025 proclamation “Restriction on Entry of Certain Nonimmigrant Workers” requiring employers to pay a $100,000 fee for certain H 1B workers seeking to enter the United States, United States Citizenship and Immigration Services (“USCIS”) released additional guidance on October 20, 2025. This update, published on USCIS’s H-1B webpage , clarifies how and when the new fee applies but still leaves several key issues unresolved.
Read moreHelpful Q and A’s on the New H-1B Visa Rule
Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.
Read moreNavigating the New H-1B Executive Action: Advisory for H-1B Visa Holders
On Friday, September 19, 2025, President Trump issued a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” putting into effect a ban on H-1B specialty occupation employees from entering the United States as of September 21, 2025, unless their employer had paid a $100,000 fee for the sponsored employee. The announcement was unclear and seemed to imply that the newly imposed fee was applicable to all H-1B visa holders who were outside of the US on the 21st of September. As a result, a frenzy besieged the employment-based immigration community with many H-1B workers receiving “urgent e-mails…with travel advisories to remain in the US and asking those outside the country to return before the 12:01AM deadline on Sunday, September 21st.
Read moreAre Your I-9s in Order? What Every Employer Needs to Know About I-9 Compliance, Audits, and E-Verify
When onboarding new employees, most US employers are aware they must complete Form I-9 for every employee, but far fewer are prepared when the government comes calling. Given President Trump’s immigration directives, which focus heavily on enforcement efforts, the probability surrounding possible increases in site visits and surprise audits by various agencies including Immigration and Customs Enforcement (“ICE”) , maintaining accurate I-9 records is not an option, but a legal obligation with real consequences. Is your business ready?
Read moreH-1B Salary Based Selection Process Final Rule is Officially Withdrawn
United States Citizenship and Immigration Services (“USCIS”) has announced that the January 2021 final rule modifying the H-1B selection process has officially been withdrawn by The Department of Homeland Security (“DHS”). This rule would have eliminated the random selection process known as the H-1B visa lottery, and replaced it with a process prioritizing those foreign nationals who are offered the highest salaries relative to their occupation and geographic area according to the Department of Labor’s (“DOL”) prevailing wage system.
Read moreDHS and DOL Make Key Changes to the H-1B Program and Permanent Labor Certifications and Labor Condition Applications
Earlier this month the Department of Homeland Security (DHS) and Department of Labor (DOL) published two interim final rules that make key changes to the H-1B visa program and permanent labor condition and labor condition application process. The rules, “Strengthening the H-1B Nonimmigrant Visa Classification Program” and “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”, were both published on October 8, 2020.
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