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:
Breaking: H-1B Lottery Opens March 4 with Major Changes—Here’s What You Need to Know
USCIS just announced the FY 2027 H-1B cap registration period opens March 4, 2026, with significant new rules that fundamentally change how winners are selected.
U.S. Citizenship and Immigration Services dropped the official announcement today: the H-1B lottery registration window for fiscal year 2027 opens at noon Eastern on March 4 and closes at noon Eastern on March 19, 2026.
But this isn’t business as usual. This year brings the biggest shake-up to the H-1B selection process in years—and employers need to understand what’s changed.
The Basics: Registration Timeline
Registration Period: March 4, 2026 (noon ET) through March 19, 2026 (noon ET)
How to Register: Everything happens online through a USCIS account. Employers or their attorneys must:
- Create or use an existing USCIS organizational account
- Enter each employee’s (beneficiary’s) information
- Pay $215 per registration
Selection Notifications: USCIS plans to send out lottery results by March 31, 2026, through online accounts.
Important: You can only file an actual H-1B petition if your registration gets selected in the lottery.
What’s New This Year: The Game Has Changed
1. New Selection System: Higher Wages Win
This is the headline change.
For FY 2027, USCIS is using a weighted selection process instead of the old random lottery.
What does “weighted” mean? Instead of treating all registrations equally, USCIS will now prioritize candidates based on their salary level. Higher-paid positions get better odds in the lottery.
This comes from a final rule published by the Department of Homeland Security that says the goal is to “allocate visas to higher-skilled and higher-paid aliens to better protect the wages, working conditions, and job opportunities of American workers.”
Translation: If you’re sponsoring someone for $250,000/year, you’ll have better lottery odds than someone sponsoring for $80,000/year.
2. The $100,000 Petition Fee (Yes, You Read That Right)
Here’s the other bombshell.
On September 19, 2025, President Trump issued a proclamation that created a new $100,000 fee that certain H-1B petitioners must pay before filing an H-1B petition.
USCIS says this fee doesn’t affect the registration process itself—you still only pay $215 to register. But if your registration gets selected and you want to actually file the petition, you may need to pay an additional $100,000 as a “condition of eligibility.”
Who has to pay this? The proclamation targets “certain nonimmigrant workers,” but the details on exactly who qualifies are still being worked out. USCIS directs people to check their H-1B Specialty Occupations page for updates.
3. Selection Based on “Unique Beneficiaries”
The new system focuses on selecting unique beneficiaries (individual people) rather than just counting registrations.
What this means:
∙ If multiple employers register the same person, that person only gets counted once in the selection process
∙ This is designed to stop the old practice where someone could game the system by having multiple companies register them to increase odds
How selection works:
- If registrations exceed the cap → weighted selection based on salary
- If there aren’t enough registrations to fill the cap → everyone properly registered gets selected
Step-by-Step: What Employers Need to Do Now
Before March 4:
1. Create a USCIS Organizational Account (If You Don’t Have One)
You can’t register without this. Set it up now at the USCIS website.
If you’re working with an attorney, they can add your company to their account, but you still need your own organizational account.
2. Gather Employee Information
You’ll need:
- Full legal name
- Passport information
- Date of birth
- Country of birth
- Gender
- Current immigration status (if in the U.S.)
- Highest degree earned
3. Determine the Proffered Wage
This matters more than ever this year because of the weighted selection system.
The wage you list must be:
- Accurate and defensible
- Based on prevailing wage data
- Consistent with what you’ll actually pay
Don’t inflate wages just for lottery purposes. You’ll have to actually pay what you promise, and USCIS will check.
March 4–19: Registration Window
1. Log in to Your USCIS Account at Noon ET on March 4
- The system opens exactly at noon Eastern. Don’t wait until March 18 at 11:59 p.m.—technical issues happen.
2. Enter Beneficiary Information
- Complete the online form for each employee you want to register.
3. Pay the $215 Fee Per Registration
- This is non-refundable, even if you’re not selected.
4. Submit and Save Confirmation
Keep records of:
- Confirmation numbers
- Payment receipts
- All beneficiary information entered
After March 19: Wait for Selection
USCIS will run the lottery and notify selected registrations by March 31, 2026. Notifications go through your USCIS online account—not by email or mail.
If Selected:
1. Prepare the Full H-1B Petition
- You’ll have a filing window (typically 90 days from selection notice) to submit the complete I-129 petition package.
2. Determine If the $100,000 Fee Applies
- Check USCIS guidance on the presidential proclamation to see if you need to pay this additional fee.
- Remember: The employer must pay this fee (and all other mandatory H-1B fees). The employee cannot pay or reimburse you.
3. File Before the Deadline
- Missing your filing window means losing your selection.
- The Weighted Selection System: What It Actually Means
USCIS hasn’t released the exact formula yet, but here’s what we know:
- Higher salaries = better odds
- The system will likely use wage tiers or a continuous weighting scale based on the proffered wage
Example scenario (hypothetical):
- Job offering $200,000: 5x lottery weight
- Job offering $150,000: 3x lottery weight
- Job offering $100,000: 2x lottery weight
- Job offering $70,000: 1x lottery weight
These are NOT official numbers—just examples of how weighting might work.
What this means strategically:
If you’re sponsoring multiple candidates:
- Your higher-paid positions now have better chances
- Your entry-level positions face tougher odds
- You may want to prioritize registrations differently than before
What this doesn’t mean:
This is NOT a pay-to-play system where only high earners get visas. Lower-wage positions can still be selected—they just have lower probability in an oversubscribed lottery.
Master’s Cap Still Exists (For Now)
The announcement doesn’t mention changes to the advanced degree exemption (master’s cap).
Current process:
- 20,000 visas reserved for beneficiaries with U.S. master’s degrees or higher
- If you have a U.S. master’s, you get entered in the master’s lottery first
- If not selected there, you go into the regular 65,000 cap lottery
Unclear: Whether the weighted selection applies to both caps or just the regular cap.
USCIS says they’ll update their H-1B Electronic Registration Process page before March 4 with more details.
The $100,000 Fee: What We Know (and Don’t Know)
What the proclamation says:
Certain H-1B petitioners must pay an additional $100,000 fee as a condition of eligibility before filing an H-1B petition.
What’s still unclear:
- Exactly which petitioners this applies to
- Whether it’s based on company size, industry, or beneficiary characteristics
- Whether it’s per petition or per beneficiary
- How payment mechanics work
What we DO know:
- This fee is separate from the $215 registration fee
- It must be paid before filing the I-129 petition (if applicable)
- The employer must pay it (not the employee)
- USCIS will provide more details on their H-1B Specialty Occupations page
Check regularly for updates as USCIS clarifies who must pay and how.
Strategy Considerations for Employers
1. Salary Positioning
With weighted selection, your offered wage directly impacts lottery odds.
Consider:
- Are your wages competitive for your industry and location?
- Can you justify higher wages based on job duties, experience, or education?
- Are there legitimate business reasons to increase compensation?
Don’t:
- Promise wages you can’t actually pay
- Inflate wages just for the lottery
- Create wage compression issues with current employees
2. Multiple Registrations
You can register the same person for different positions if:
- Each position is genuinely different
- Each has a valid business need
- Each would be filed as a separate petition
But remember: the system now counts unique beneficiaries, so this strategy may be less effective than before.
3. Priority Decisions
If you have limited budget for registration fees, you may need to prioritize:
- Critical hires vs. nice-to-haves
- Higher-wage positions (better odds) vs. lower-wage (lower odds)
- Current employees vs. new hires
4. Plan B Options
Don’t put all your eggs in the H-1B basket.
Consider backup plans:
- Cap-exempt H-1B positions (nonprofits, universities, research organizations)
- L-1 transfers for employees with foreign affiliate experience
- O-1 visas for truly exceptional talent
- E-3 for Australian nationals
- TN for Canadian/Mexican professionals
Common Questions Answered
Q: Can I edit my registration after submitting?No. Once submitted, registrations cannot be changed. Double-check everything before submitting.
Q: Can I register the same person multiple times?Only if you have genuinely different positions with separate business needs. Duplicate or fraudulent registrations can result in penalties.
Q: What if I’m selected but the $100,000 fee applies and I can’t afford it?You won’t be able to file the petition. The fee is a condition of eligibility, not optional.
Q: Is the $215 registration fee refundable?No. Whether you’re selected or not, the fee is non-refundable.
Q: Can my employee pay the $100,000 fee?No. All mandatory H-1B fees must be paid by the employer. This is a strict compliance requirement.
Q: When can I file the actual petition if selected?USCIS will specify a filing window (typically 90 days) in your selection notice. Petitions cannot be filed before April 1, 2026 (the start of FY 2027).
Q: What happens if I miss the March 4–19 window?You’re out of luck for this year. USCIS may conduct additional selection rounds later if there’s capacity, but there’s no guarantee.
Critical Compliance Reminders
Fee Payment Rules
Employer MUST pay:
- $215 registration fee
- I-129 filing fee
- ACWIA training fee
- Fraud prevention fee
- $100,000 proclamation fee (if applicable)
- Attorney fees for petition preparation
Employee MAY pay:
- Premium processing (only if for personal benefit, not employer urgency)
Wage Requirements
Whatever wage you list in registration:
- Must meet prevailing wage requirements
- Must be paid from day one of employment
- Will be verified by USCIS and potentially DOL
- Cannot be reduced without amending the petition
Honest Information
With increased scrutiny, USCIS is:
- Conducting more site visits
- Issuing more RFEs (Requests for Evidence)
- Checking for fraud and misrepresentation
Provide accurate information in registrations. False statements can result in:
- Petition denial
- Revocation of approvals
- Bars to future immigration benefits
- Potential criminal liability
Key Takeaways for FY 2027 H-1B Cap
The FY 2027 H-1B cap season brings fundamental changes that employers cannot ignore:
- ✔️ Weighted selection favoring higher wages changes lottery dynamics
- ✔️ Potential $100,000 fee creates new cost considerations
- ✔️ Unique beneficiary counting limits multiple-registration strategies
- ✔️ Short registration window (March 4–19) requires preparation now
What to do immediately:
- Create or verify your USCIS organizational account
- Identify which employees you want to register
- Determine accurate proffered wages
- Budget for registration fees ($215 per person)
- Understand whether the $100,000 fee might apply to you
- Plan backup strategies in case of non-selection
- Mark March 4 on your calendar and don’t miss the window
Most importantly: Don’t wait until March 3 to figure this out. The changes this year are significant, and strategic planning now will improve your chances of success.
Questions about your specific situation? Consult with an experienced immigration attorney before the registration period opens. The stakes are higher this year, and getting it right matters more than ever.
Federal Court Tells USCIS to Back Off and Approve EB-1A Petition January 28, 2026 was a good day for people trying to get EB-1A visas. A federal judge basically told USCIS they were wrong and ordered them to approve a petition they had denied. In the case Mukherji v. Miller, the U.S. District Court in Nebraska sided with someone whose EB-1A petition got rejected. The judge didn’t just send the case back for USCIS to look at again—they actually ordered USCIS to approve it. This matters for everyone filing EB-1A petitions, not just this one person. What Happened Someone filed for an EB-1A visa (that’s for people with “extraordinary ability”) and sent in a ton of proof showing they’re really good at what they do. Even though they met the requirements and had solid documentation, USCIS said no. USCIS based their denial on subjective opinions, cherry-picked evidence, and interpreted the rules way too strictly—stuff that’s been getting them sued a lot lately. The person took USCIS to court under the Administrative Procedure Act, arguing that the denial was arbitrary and didn’t follow the law. What the Judge Said The judge agreed. The court said USCIS:
- Didn’t properly look at all the evidence
- Applied standards that don’t match what the regulations actually say
- Used their personal judgment instead of following the rules
- Ignored or dismissed solid evidence without good reason
- Federal judges keep calling out USCIS when they make up requirements that aren’t actually in the law or regulations.
- Yeah, USCIS has some discretion in making decisions, but they can’t just wing it. They have to explain their reasoning based on actual evidence and law.
- If you put together a strong EB-1A petition with solid proof, you can still win in court even if USCIS denies it—especially when their reasoning doesn’t hold up.
- Judges are increasingly willing to say “just approve it” instead of sending cases back to USCIS for another round.
- How you prepare your petition matters: Make sure everything lines up with what the regulations actually require, and get strong expert letters
- A USCIS denial isn’t the end: If their reasoning is weak or unfair, you can challenge it
- Suing under the APA works: Especially when USCIS is being arbitrary with EB-1A cases
- Being consistent and credible wins:
The STEM OPT 180-Day Extension Is Still Here—Nothing Changed
Recent USCIS policy changes from October 2025 have confused a lot of employers and HR people about work authorization for foreign workers whose work permits (EADs) are being renewed.
One area that keeps coming up: F-1 students on STEM OPT extensions.
Here’s the deal:
The 180-day automatic extension for STEM OPT is still totally fine. The October 2025 changes didn’t touch it.
The Rule: STEM OPT 180-Day Extension Still Works
There’s a long-standing rule in federal regulations that says: if an F-1 student files for a STEM OPT extension before their current work permit expires, they automatically get to keep working for up to 180 days past the expiration date while waiting for approval.
This extension:
- Happens automatically because of the regulations
- Doesn’t need special approval from USCIS
- Hasn’t been changed, cut back, or eliminated
If you file on time, you can keep working during that 180-day period. Simple.
What Actually Changed in October 2025
In October 2025, USCIS ended a temporary 540-day extension program that had been helping certain work permit categories during pandemic backlogs.
That change only affected categories under a different regulation (8 CFR § 274a.13(d)).
STEM OPT follows completely different rules and was never part of that 540-day program.
So:
The STEM OPT 180-day extension is unchanged and still valid.
Who Lost the 540-Day Extension
These categories got knocked back to shorter extensions (usually 180 days) or no extension at all:
No Longer Get 540 Days:
- H-4 work permits (spouses of H-1B workers)
∙ Back to 180-day max extension
∙ Only works if you file on time and your H-4 status is still valid - L-2 work permits (spouses of L-1 workers)
∙ Same situation as H-4 - Adjustment of Status work permits (people waiting for green cards)
∙ Capped at 180 days now
∙ Big risk of losing work authorization if USCIS takes forever - Asylum-based work permits
∙ Back to 180 days
∙ Really affected by processing delays - Special work permits for people with approved I-140s
∙ No special protection anymore
Who Never Had Any Automatic Extension
These never qualified for automatic extensions—before or after October 2025:
- First-time work permit applicants
- F-1 regular OPT (the initial one, not STEM extension)
- O-1, TN, E-3 visa holders (authorization comes from status, not work permits)
- Tourist visa holders
- H-1B and L-1 primary workers
What Employers and HR Need to Know
For STEM OPT Employees:
- Keep working during the 180-day extension if:
- STEM OPT extension was filed on time
- You have the right documentation
- No need to stop work just because the work permit expired during this time
For H-4 and Green Card Applicant Employees:
- Watch the 180-day deadline closely
- File renewals as early as possible
- Be ready for possible work stoppage if USCIS drags their feet past 180 days
Proof of Work Authorization for STEM OPT Extensions
During the 180-day extension, you need all three of these documents:
- Your expired OPT work permit
- Receipt notice from USCIS showing you filed for the STEM extension
- Your STEM OPT I-20 signed by your school’s international student office
Together, these prove you’re legally allowed to work.
If you file your STEM OPT extension on time, you can keep working for up to 180 days past your current work permit expiration.
The October 2025 changes do not affect STEM OPT.
Employers can legally keep STEM OPT employees working during this time, as long as the paperwork is in order.
Who Actually Pays H-1B and PERM Fees? The Rules You Need to Know
Questions about who pays H-1B and PERM fees aren’t just academic anymore.
USCIS, the Department of Labor, consulates, and border officers are actively checking this stuff now.
Getting it wrong can mean your petition gets denied, revoked, or you face visa refusal, wage violations, fines, or accusations of fraud.
Here’s what you need to know to stay compliant—and why telling the truth matters during interviews and site visits.
H-1B: Who Pays What?
Mandatory Fees (Employer MUST Pay)
These H-1B fees must always be paid by the employer and can never be passed to the employee—directly or indirectly:
- I-129 filing fee
- ACWIA training fee ($750 or $1,500)
- Fraud prevention fee ($500)
- Public Law 114-113 fee ($4,000 if applicable)
- Asylum program fee
The employee cannot:
- Pay the employer back
- Pay upfront
- Have it deducted from wages
- Repay it later if they quit
Any of that violates wage regulations and puts both employer and employee at risk.
Attorney Fees for H-1B
If the legal work mainly helps the employer, the employer pays.
This includes:
- Preparing and filing the H-1B petition
- Responding to requests for evidence
- Amendments when job or location changes
- Extensions with the same employer
Charging these to the employee—especially if it drops their wages below required levels—is a violation.
Can Employees Pay for Premium Processing?
Yes—but only sometimes.
The employee can pay the premium processing fee only if:
- The request is for their personal benefit, AND
- The employer doesn’t need expedited processing
Okay examples:
- Faster approval for travel
- Visa appointment timing
- Driver’s license renewal
- Personal planning
Not okay:
- Employer needs quick approval for a project
- Client or contract deadlines
- Business reasons
If premium processing helps the employer, the employer pays.
Period.
H-1B Transfers: Same Rules
- Employer pays all required USCIS and attorney fees
- Employee can only pay premium processing if it’s for personal reasons
- Any repayment agreements are prohibited
PERM: Employer Pays Everything (No Exceptions)
PERM has the strictest cost rules in immigration law.
All PERM Costs = Employer Pays
This includes:
- Attorney fees
- Recruitment and advertising
- Prevailing wage determination
- Audit and supervised recruitment expenses
The employee cannot pay:
- Directly
- Indirectly
- Voluntarily
- Through reimbursement
- Through payroll deductions
- Through future repayment deals
No exceptions.
After PERM Approval
Once PERM is approved, employees can pay:
- ✔️ I-140 filing fee
- ✔️ I-140 premium processing
- ✔️ I-485 filing and attorney fees
This Is Being Actively Enforced Now
Fee payment issues come up routinely during:
- USCIS fraud detection site visits
- Consular visa interviews
- Border inspection at airports
Officers are asking:
- Who paid the H-1B filing fees?
- Who paid the attorney fees?
- Did the employee pay the employer back?
- Were fees deducted from wages?
- Were there side agreements?
- Who paid PERM costs?
Inconsistent answers can lead to:
- Petition revoked
- Visa denied for lying
- Held at the border for secondary inspection
- Department of Labor audits and wage penalties
- Long-term immigration problems
What You Need to Do
Be Compliant
- Employers pay all required H-1B and PERM costs
- Premium processing paid by employees must clearly be for personal reasons
- No hidden reimbursements or side deals
Be Consistent
What the petition says, what the employer says, and what the employee says must all match.
Tell the Truth
Don’t guess.
Don’t downplay.
Don’t “reframe” who paid fees.
If an officer asks: “Who paid your H-1B or PERM fees?”
The answer must be factually correct and legal.
Bottom Line
- H-1B mandatory fees & attorney fees → Employer pays
- Premium processing → Employee can pay only if personal
- PERM costs → Employer pays 100%, no exceptions
- Fee compliance is now actively enforced
With increased scrutiny at site visits, consular interviews, and border inspections, proper compliance—and honest answers—are essential.
If you’re not sure, talk to a lawyer before an interview or inspection, not after there’s a problem
Top of Form
Trump Administration Under Fire for Going After Foreign Students
The administration has moved to cancel the immigration status of certain foreign students, triggering multiple lawsuits claiming the government is unlawfully targeting student visa holders. The legal challenges say the government is overstepping its authority and violating due process by going after specific individuals or groups instead of applying the rules evenly. Immigration advocates and universities are worried these moves could create chaos for thousands of international students, mess up academic programs, and discourage future students from coming to the U.S. Courts now have to decide whether these actions actually follow immigration law and constitutional protections.ICE Detention Hits All-Time High as Deportation Push Ramps Up
U.S. Immigration and Customs Enforcement (ICE) is holding more immigration detainees than ever before—over 70,000 people—for the first time in the agency’s 23-year history, according to internal Department of Homeland Security data obtained by CBS News. As of mid-January 2026, ICE had about 73,000 people locked up nationwide waiting for deportation. That’s an 84% jump from the same time in 2025, when there were fewer than 40,000 detained. The spike comes as the Trump administration ramps up immigration enforcement. Officials have said they want to build capacity to hold more than 100,000 people at once, which could become the biggest deportation operation in modern U.S. history. Immigration advocates and lawyers are raising alarms about due process, detention conditions, access to attorneys, and court backlogs. Administration officials say the measures are needed to enforce immigration laws on a large scale.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.
