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:
Are You Ready for the FY 2027 H-1B CAP Season?
Preparing for Wage-Based Selection and the $100,000 H-1B Fee:
The FY 2027 H-1B CAP season marks one of the most significant shifts in the history of the H-1B program. Employers must now navigate two major changes that fundamentally alter H-1B strategy:
- A wage-based weighted selection system, replacing the traditional random lottery.
- A $100,000 supplemental H-1B fee for certain CAP-subject petitions.
These changes dramatically increase both the financial stakes and the compliance risks for employers sponsoring foreign national professionals.
Key Changes for the FY 2027 H-1B CAP:
1. Wage-Based Weighted Selection (Effective February 27, 2026):
USCIS will allocate H-1B CAP numbers using a weighted system based on the Department of Labor’s OEWS prevailing wage levels:
Wage Level Entries in Selection Pool
- Level IV 4 entries
- Level III 3 entries
- Level II 2 entries
- Level I 1 entry
Higher wages = higher odds of selection.
This means the H-1B CAP is no longer a true “lottery.”
Important:
The wage level is determined by the offered salary, not by the employee’s degree alone
2. The $100,000 H-1B Supplemental Fee:
A presidential proclamation now requires a $100,000 fee for certain H-1B petitions that are:
- Filed for consular notification, or
- Not approvable as a change of status in the U.S.
Key takeaway:
Many change-of-status H-1B petitions (e.g., from F-1 or L-1) may be exempt—but employers must carefully analyze status maintenance and eligibility before registration.
A petition initially filed as a change of status that later fails eligibility could still trigger the $100,000 fee through an RFE or NOID.
What Employers Should Be Doing Now (Not in March)
1. Identify H-1B Needs Early:
- Confirm which roles truly require H-1B sponsorship
- Prioritize mission-critical hires
- Evaluate budget impact of higher wages and fees
2. Conduct Prevailing Wage Strategy Reviews:
- Analyze OEWS wage levels for each role and location
- Determine whether Level III or IV wages are defensible
- Assess long-term payroll exposure—not just selection odds
3. Review Job Descriptions for Accuracy & Risk:
- Ensure duties support the wage level selected
- Avoid artificial inflation of job requirements
- Prepare to defend wage level determinations in audits or RFEs
4. Evaluate Fee Exposure Before Registration:
- Is the candidate eligible for a change of status?
- Any gaps, violations, or travel risks?
- Is the candidate abroad or likely to require consular processing?
5. Consider Alternative Visa Options:
Given cost and risk, employers should evaluate:
- L-1A / L-1B
- O-1A
- TN, E-3
- CAP-exempt H-1B
- STEM OPT extensions (with strict compliance)
Additional Critical Issues Employers Must Understand
- Multiple registrations for the same beneficiary:
USCIS will weight the candidate based on the lowest wage level offered across all registrations.
- Multiple work locations:
The lowest wage location controls the registration weight.
- LCA vs. Registration Wage Levels:
The wage level listed in the CAP registration does not need to match the LCA wage level—but must still be defensible.
Why This CAP Season Is Different:
- Higher wages may improve odds—but raise compliance and audit exposure.
- Many employers may opt out due to cost, changing selection dynamics.
- Entry-level (Level I) candidates face significantly reduced odds.
- DOL wage increases and enforcement actions are expected to intensify.
This is no longer a “file and hope” system.
Our Recommendation:
Employers should work closely with experienced immigration counsel now—well before the March registration window—to:
- Build a defensible wage strategy.
- Assess $100,000 fee exposure.
- Reduce RFE, NOID, and audit risk.
- Determine whether H-1B is the right option—or if alternatives are smarter.
Need Help Preparing for the FY 2027 H-1B CAP?
Our firm is conducting pre-CAP H-1B readiness reviews, including:
- Wage-level strategy analysis.
- Change-of-status risk assessments.
- Job description and compliance audits.
- Alternative visa planning.
Contact our office now to avoid costly surprises this CAP season.
URGENT: Prepare for Increased DOL Audits & FDNS Site Visits – Immediate Action Required
We are writing to alert you to a significant and imminent increase in Department of Labor (DOL) audits and USCIS FDNS site visits involving employers of H-1B, L-1, F-1 OPT, and STEM OPT workers. Based on current enforcement trends, we strongly recommend that all employers be fully prepared by February.
These audits and site visits may be announced or unannounced and can be triggered by a variety of factors, including (but not limited to) employer or employee complaints, consular issues such as 221(g) administrative processing, data-sharing between government agencies, or purely random selection. Once initiated, these investigations move quickly and often require immediate, accurate responses.
We strongly advise all companies to designate a specific administrative and HR compliance team now to handle government inquiries, site visits, document production, and employee interviews. Lack of preparation, inconsistent responses, or missing documentation can lead to serious consequences, including fines, back wage assessments, petition revocations, debarment, and future visa denials.
To avoid surprises, we encourage you to contact our office immediately to request a comprehensive internal immigration compliance audit. This proactive review will assess your entire immigration program, including but not limited to:
- Public Access Files (PAFs) and LCA compliance.
- Worksite location and remote work compliance.
- Wage, payroll, and benching issues.
- Job duties vs. petition consistency.
- OPT/STEM OPT training plans and supervision.
- Recordkeeping and notice requirements.
- Readiness protocols for FDNS and DOL interviews.
Early preparation is the single most effective way to reduce risk and ensure your organization is protected in the event of an audit or site visit.
Please reach out to our office as soon as possible to schedule a compliance review or to discuss site-visit preparedness protocols tailored to your organization.
District Court Vacates TPS Terminations for Honduras, Nicaragua, and Nepal
A U.S. District Court has vacated the termination of Temporary Protected Status (TPS) for nationals of Honduras, Nicaragua, and Nepal, delivering a significant legal victory for tens of thousands of TPS holders and their families across the United States.
What the Court Decided:
The court ruled that the Department of Homeland Security (DHS) unlawfully terminated TPS for these three countries. In vacating the terminations, the court found that the government’s actions were arbitrary and capricious under federal administrative law and failed to adequately consider country conditions and statutory requirements.
As a result, the TPS terminations are nullified, and TPS for Honduras, Nicaragua, and Nepal remains in effect unless and until DHS lawfully reissues new termination decisions consistent with the court’s ruling.
Immediate Impact on TPS Holders
Effective immediately:
- TPS status remains valid for eligible nationals of Honduras, Nicaragua, and Nepal.
- Employment Authorization Documents (EADs) tied to TPS remain valid.
- DHS cannot deport individuals solely on the basis of TPS termination.
- TPS holders may continue to live and work lawfully in the United States.
Importantly, this decision restores stability for thousands of families who were facing loss of work authorization and removal.
Why This Ruling Matters:
This decision reinforces an important principle: TPS terminations must be based on lawful, reasoned decision-making, not political preference. The court emphasized that DHS must:
- Properly evaluate current country conditions.
- Follow neutral, statutory procedures.
- Provide a reasoned explanation when reversing long-standing humanitarian protections.
The ruling also aligns with prior federal court decisions that blocked or overturned TPS terminations for other countries.
Will the Government Appeal?
An appeal by DHS is likely, given the administration’s long-standing efforts to narrow TPS designations. However:
- Any appeal does not automatically reinstate terminations.
- TPS protections remain in place while litigation continues.
- Additional court orders would be required before TPS could lawfully end.
What TPS Holders Should Do Now:
TPS holders from Honduras, Nicaragua, and Nepal should:
- Continue maintaining valid TPS registration.
- Timely renew EADs when eligible.
- Avoid international travel without advance parole.
- Explore permanent immigration options (family-based, employment-based, asylum-related relief, adjustment of status where eligible).
This ruling may provide critical breathing room to pursue longer-term solutions.
Employer Considerations:
Employers should:
- Continue honoring valid TPS-based work authorization.
- Update I-9 records only as required by law.
- Avoid premature employment actions based on prior termination announcements.
Bottom Line:
The district court’s decision is a major win for TPS holders from Honduras, Nicaragua, and Nepal, restoring lawful status and work authorization while the government reassesses its actions. TPS holders and employers alike should remain alert for future DHS announcements—but no immediate action is required due to termination at this time.
DHS Launches Landmark USCIS Fraud Investigation in Minnesota
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have launched Operation PARRIS in Minnesota, marking one of the most extensive post-admission refugee fraud investigations in recent years. The operation focuses on reexamining thousands of refugee cases through enhanced background checks, reinterviews, and intensive verification of underlying refugee claims. USCIS has confirmed that cases involving fraud or other criminal concerns are now being referred to Immigration and Customs Enforcement (ICE) for enforcement action.
The initial phase of Operation PARRIS targets approximately 5,600 refugees in Minnesota who have not yet adjusted status to lawful permanent residence. The effort is being led by USCIS’ newly established vetting center under Post-Admission Refugee Reverification and Integrity Strengthening (PARRIS), with adjudicators conducting full merit reviews of refugee claims, security screenings, and credibility assessments. DHS officials stated that the operation underscores a broader enforcement posture aimed at detecting and deterring abuse of humanitarian immigration programs.
Operation PARRIS, which began in mid-December and is now escalating to ICE referrals, implements enhanced screening standards mandated by Executive Order 14161 and Presidential Proclamation 10949. DHS noted that the initiative builds on prior enforcement actions, including Operation Twin Shield in the Minneapolis–Saint Paul region, which uncovered widespread immigration fraud. USCIS reiterated its commitment to “maximum vetting,” signaling increased scrutiny of refugee and humanitarian cases nationwide.
USCIS Expands Adjudication Holds and Re-Review Policy for Expanded Travel Ban Countries
In a January 1 memorandum, U.S. Citizenship and Immigration Services (USCIS) significantly expanded its restrictive adjudication policies to align with the expanded travel ban country list effective January 1. Since December 2, 2025, USCIS had already placed adjudication holds and initiated re-reviews for certain cases involving nationals of countries covered by the June 2025 travel ban. The new memorandum broadens this policy to include foreign nationals from 39 countries newly added to the travel ban list, as well as individuals carrying travel documents issued or endorsed by the Palestinian Authority.
Under the new guidance, USCIS officers are directed to hold all pending immigration benefit applications for affected individuals and to conduct a comprehensive re-review of approved cases granted on or after January 20, 2021. Notably, this January 1 memorandum expands the scope of re-review beyond the December 2025 policy: while the earlier guidance focused on cases where the individual entered the U.S. on or after January 20, 2021, the new memo requires re-review based solely on the approval date, regardless of entry. This change substantially increases the number of approved cases subject to reopening, delay, or potential revocation.
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.
