We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
USCIS Increases Premium Processing Fees Effective March 1, 2026
U.S. Citizenship and Immigration Services (USCIS) has announced an increase in premium processing fees for several employment-based petitions. The new fees will apply to filings postmarked on or after March 1, 2026. The final regulation adjusting these fees was published on January 12, 2026. USCIS noted that this change represents a routine biennial inflation-based adjustment. The last premium processing fee increase occurred in February 2024. New Premium Processing Fees (Effective March 1, 2026) Form I-140 (Immigrant Petition for Alien Worker)- Current: $2,805
- New: $2,965
- Increase: $160
- Current: $2,805
- New: $2,965
- Increase: $160
- Current: $1,685
- New: $1,780
- Increase: $95
- Current: $1,965
- New: $2,075
- Increase: $110
- Current: $1,685
- New: $1,780
- Increase: $95
Understanding the New Weighted Wage System in the H-1B CAP 1. What Changed? From Random Lottery to Weighted Selection:
- For decades, the H-1B cap selection process operated on a random lottery: if USCIS received more registrations than available visas (85,000 total — 65,000 regular + 20,000 advanced degree exemption), it selected them at random regardless of job wage or skill level.
- Under the new rule finalized by the U.S. Department of Homeland Security (DHS), that random lottery is replaced with a weighted selection system that gives higher chances of selection to registrations based on the wage level offered in the job. This applies to the regular cap and the master’s cap exemption beginning with the FY 2027 cycle.
- Level I Entry-level wage 1 entry
- Level II Experienced wage 2 entries
- Level III Fully proficient 3 entries
- Level IV Specialized/high skill 4 entries
- Favor higher-paid and higher-skilled roles in allocating limited H-1B visas;
- Incentivize employers to offer competitive wages rather than cluster hires at minimum wage levels;
- Better align with the congressional intent to bring in highly skilled workers without disadvantaging U.S. workers.
DHS argues that wage level is a reasonable proxy for job complexity and skill, and that weighting helps balance the program toward roles with more specialized requirements.
4. Background: Trump’s 2021 Proposal, Biden’s Delay, and New Implementation:
- In 2020–2021, the Trump administration introduced a similar wage-based lottery rule, proposing to replace the random selection with a weighted process based on wage levels. That rule went through final rule publication but was not implemented during the subsequent transition under the Biden administration.
- The Biden administration did not implement the rule — effectively leaving the random lottery in place during its term.
- In 2025–2026, the Trump administration revived and finalized a rule implementing the weighted wage system, effective Feb. 27, 2026, for the upcoming FY 2027 H-1B CAP cycle.
- Employers must accurately determine the correct DOL prevailing wage level for the job prior to registration. A higher wage level increases the selection odds.
- Wage levels are derived from DOL Occupational Employment and Wage Statistics (OEWS) for the job’s SOC code and geographic area.
- Registration entries for a cap season should be filed according to the position’s wage level to maximize the chance of selection.
B. Impacts on Different Wage Levels
- Level IV roles (often advanced, high skill/specialized) get 4x the likelihood of selection compared to Level I roles — encouraging employers to pay competitive wages.
- Level I roles (entry level) still get a chance — but comparatively smaller odds.
6. What This Means for New Graduates and Early-Career Candidates:
A key concern under the weighted wage system is how it affects new graduates or those with limited experience — who are naturally hired at lower wage levels. Can New Graduates Be Level III or IV? Yes — but not based solely on degree or academic background. Under the H-1B program:- Wage levels are determined by the DOL prevailing wage survey for the job’s SOC code and location, not the applicant’s degree or experience alone.
- To qualify for Level III or IV wages (which increases selection odds), the job itself must carry a wage high enough under DOL data to meet that threshold — irrespective of whether the beneficiary is a new graduate or experienced.
- It’s the wage offered for the role — not the degree or prior experience — that determines the wage level and thus the weighting.
- Target positions with higher wage levels (e.g., roles requiring specialized certifications, technical expertise, or in markets with higher prevailing wages).
- Negotiate salaries at or above Level III/IV prevailing wages for the SOC code — even if the beneficiary is a new graduate whose experience might be limited. Employers can structure roles and compensation to justify higher wage levels if duties and market data support it.
- Document wage determinations and job complexity carefully to withstand DOL and USCIS scrutiny — because wage level affects both weighted selection and program compliance.
7. Legal Compliance and Strategy:
Employers must ensure that:- Labor Condition Applications (LCAs) accurately reflect the actual wage offered — and correspond to appropriate DOL prevailing wage levels.
- Wage level justifications are consistent with job duties and geographical wage data.
- Strategy to achieve higher wage levels should be legitimate and supportable — avoiding misclassification or wage inflation solely for lottery advantage.
- Random lottery is over: The H-1B cap selection now uses a weighted wage system where higher wage levels get more selection entries.
- Wage level drives odds: Level IV roles fourfold selection entries; Level III threefold; Level II twofold; Level I single entry.
- Implemented in 2026: This rule was finalized and takes effect Feb. 27, 2026, for use in the FY 2027 H-1B registration season.
- New graduates can compete: If the job offered meets higher wage levels, new graduates can benefit from enhanced selection odds — but wage level is based on job wage, not degree alone.
- Strategic planning matters: Employers should align wage offers, job duties, and wage level documentation to maximize selection chances and remain compliant.
Why FDNS Site Visits have Increased?
Political Enforcement Climate: Under the renewed enforcement posture, USCIS is:- Targeting H-1B-dependent employers
- Targeting Level I wages
- Targeting third-party placements
- Targeting remote work arrangements
- Many staffing companies file “speculative” petitions
- Some petitions lack bona fide work
- Some employees are benched
- Some LCAs do not reflect real worksites
- Physical presence
- Actual project
- Real supervision
- Payroll compliance
Wage-Level Focus:
They are looking at:- Level I wages paid for senior-level duties
- Mismatch between duties and wage level
- Whether wage listed matches actual payroll
- Officers check whether LCA covers the home address
- Whether remote was disclosed
- Whether amended petition required
This is how you Survive:
You must treat FDNS readiness like DOL audit readiness.
STEP 1: APPOINT A PRIMARY AND BACKUP FDNS OFFICER:
You asked the right question: If the appointed person is out — who handles it? Every company must designate Primary FDNS Compliance Officer- Typically HR Director or Immigration Manager
- Knows petition details
- Has access to Public Access Files
- Knows supervision chain
Backup FDNS Officer:
- Trained
- Has digital access to all H-1B files
- Knows how to respond
- I-129 petition copy
- LCA
- Paystubs (last 3–6 months)
- Offer letter
- SOW / client contract
- Supervision plan
- Organizational chart
- Worksite photos
- Business license
- Lease agreement
- Job title
- Salary
- Work location
- Duties
- Their exact job title (as filed)
- Their salary (as filed)
- Their worksite address
- Who supervises them
- Tools they use
- Whether they work remote or hybrid
- No bona fide job
- Employee not at worksite
- Salary mismatch
- Bench without pay
- End client denies project
- Supervision not by petitioner
- Petition misrepresentation
- Payroll proof (all paystubs + W-2)
- Bank payroll records
- Timesheets
- Client SOW
- Supervision emails
- Performance reviews
- Project deliverables
- Org chart
- Affidavits from manager + client
- Never emotional.
- Never general.
- Always documentary.
- Allegation 1: Beneficiary not working at location
- Response: Attached lease, ID badge log, client letter.
- Allegation 2: No supervision
- Response: Attached supervision plan, email threads, performance reviews.
- HR
- Direct manager
- End client (if possible)
- Beneficiary
- Tax returns
- Revenue statements
- Payroll summaries
- H-1B dies immediately
- I-140 may collapse
- 204(j) portability may be impacted
- Future petitions scrutinized
- Internal Mock FDNS Audits Every 6 Months
- Review every amended petition requirement
- Confirm remote LCA compliance
- Confirm salary paid exactly as LCA states
- Ensure no unpaid bench time
GENERAL QUESTIONS FDNS ASKS (You listed them — Here is Strategic Commentary):
ABOUT COMPANY They are testing:- Real business
- Revenue legitimacy
- H-1B dependency
- Payroll control
- Not a shell entity
Prepare a 1-page company fact sheet ready to hand officer.
ABOUT BENEFICIARY:
Everything must match:- LCA
- I-129
- Offer letter
- Payroll
- MSA
- SOW
- Work order
- Client letter confirming:
- Project
- Supervision structure
- Duration
- Location
SUPERVISION & CONTROL:
Post-Neufeld memo legacy still alive. You must show:- Right to hire
- Right to fire
- Right to supervise
- Right to pay
- Right to evaluate
For guidance or assistance with FDNS readiness, contact the Law Office of Keshab Raj Seadie, P.C.
DHS Funding Set to Expire; Limited Impact Expected on Immigration Services A temporary spending measure funding the Department of Homeland Security (DHS) is scheduled to expire at midnight tonight unless Congress passes a stopgap funding bill or longer-term appropriations legislation. If lawmakers fail to act, DHS could experience a partial government shutdown. However, the immediate impact on immigration-related services is expected to be limited. What Would Continue During a Shutdown: Many DHS functions are fee-funded and would continue operating, including:
- USCIS immigration benefits processing (e.g., H-1B, L-1, I-140, I-485 filings)
- Border operations and inspections
- Immigration enforcement activities
- Customs and border protection functions
Because USCIS is primarily funded through filing fees rather than congressional appropriations, routine case processing would generally continue during a shutdown.
Potential Areas of Disruption: While core immigration processing is expected to proceed, certain DHS components that rely more heavily on congressional funding could face operational slowdowns if a shutdown extends for a prolonged period. Longer shutdowns may also affect interagency coordination and administrative support functions. What This Means for Employers and Applicants: At this time, no immediate action is required for pending immigration cases. Employers and applicants should continue filing petitions and applications as usual. We will continue to monitor developments closely and provide updates if Congress does not pass funding legislation or if operational impacts begin to emerge.DHS Terminates Temporary Protected Status (TPS) for Yemen
The Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for Yemen. Secretary of Homeland Security Kristi Noem confirmed that the designation will end 60 days after publication of the official notice in the Federal Register. What This Means:- TPS protections for Yemeni nationals will remain valid until the effective termination date (60 days after Federal Register publication).
- After that date, individuals who do not have another lawful immigration status may lose protection from removal and employment authorization.
- Employment Authorization Documents (EADs) issued under TPS will no longer be valid after the termination becomes effective, unless the individual holds another valid basis for work authorization.
Important Considerations for TPS Holders:
Affected individuals should immediately consult with experienced immigration counsel to evaluate:- Eligibility for adjustment of status (if available)
- Asylum or other humanitarian relief
- Employment-based options (H-1B, O-1, PERM/I-140, etc.)
- Family-based immigration options
- Change of status possibilities, if eligible
- Advance parole travel implications
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
