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 moreUSCIS Reaches Fiscal Year 2027 H-1B Cap
United States Citizenship and Immigration Services (“USCIS”) announced on March 31, 2026, they had reached the H-1B Cap for Fiscal Year 2027 (“FY 2027”). The Service reported that it has received sufficient registrations to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2027and has completed the lottery selection process.
Read moreUSCIS Will Conduct Second Random H-1B Selection
United States Citizenship and Immigration Services (“USCIS”) reported on July 30, 2024, that they will be conducting a second random selection from previously submitted Fiscal Year 2025 (“FY2025”) H-1B Cap registrations. A specific date for the selection was not announced, the Service noting that it would be “soon”.
Read moreUSCIS Completes Selections from Electronic Registration for FY2025 H-1B Cap
On April 1, 2024, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2025 (“FY25”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2025 as of the first of April and have been given until June 30 to file their petition with the service either on paper at the correct filing location or online at my.uscis.gov within the filing period that is indicated on the selection notice.
Read moreFY2025 H-1B Lottery Kick Off
It’s time for the newly updated H-1B Visa Lottery! Upon introducing the final rule which initiated many changes to the fiscal year 2025 (“FY25”) H-1B Lottery, US Citizenship & Immigration Services (“USCIS”) announced the initial registration period for the FY25 H-1B cap will begin at 12pm ET on March 6, 2024, and run through 12pm ET on March 22, 2024. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required $10 fee for each registration submitted on behalf of each beneficiary.
Read moreChanges to H-1B Visa Lottery Registration Finalized by USCIS
United States Citizenship and Immigration Services (“USCIS”) announced its intent to strengthen the integrity of the H-1B registration process by introducing changes to the current electronic registration system. The final rule published on February 2, 2024, aims to ensure that regardless of how many H-1B registrations are submitted on behalf of a foreign national, the odds of that person being selected in the H-1B lottery will not increase. The new rule implements a “beneficiary-centered selection process for H-1B registrations”, which means that instead of selecting by registration, which has been the norm since 2020, USCIS will select registrations by the unique beneficiary.
Read moreElectronic Registration for FY 2023 H-1B Cap is Complete
On March 29, 2022, United States Citizenship and Immigration Services (“USCIS”) announced that the Service had received enough initial electronic registrations for the fiscal year 2023 (“FY23”) H-1B cap, including the advanced degree exemption (master’s cap). Consequently, the Service has notified all prospective petitioners whose registrations were randomly selected that they are eligible to file cap-subject H-1B petitions for the named beneficiary in the selected registration.
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 moreAILA files Lawsuit Challenging H-1B Wage-Based Selection Process
On Monday, May 17, 2021 under the representation of the American Immigration Lawyers Association (AILA), five nonprofit organizations and businesses filed a lawsuit against President Joe Biden’s administration challenging the move from an H-1B lottery system to a wage-based selection process.
The suit addresses the implementation of a Trump administration regulation that replaced the H-1B random, computerized H-1B lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s four-level wage system. The final rule which was made effective as of March 9, 2021, and later delayed by the Biden administration to December 31, 2021, gives priority in the H-1B selection process to foreign nationals whose offered salary falls within the highest level of their occupation, continuing on to select cases in descending order from OES wage levels III, II and I.
Read moreUSCIS: Delayed Data Entry and Receipt Notice Generation for FY 2021 H-1B Cap-Subject Petitions Due to the COVID-19 Pandemic
US Citizenship & Immigration Services (USCIS) announced this week that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, because of delays related to the coronavirus (COVID-19) pandemic. From the first day of filing, April 1, 2020, USCIS has not been able to immediately enter data for FY 2021 cap-subject petitions due to required health and safety protocols related to COVID-19. The agency states that data entry and notice generation will be delayed until at least May 1, 2020.
Read more