DHS Proposes $103,265 Fee For Cap-Subject H-1B Petitions

The Department of Homeland Security has published a proposed rule that would establish a new $103,265 fee for all H-1B petitions subject to the annual cap, including petitions filed under the advanced-degree exemption. The fee would be imposed in addition to all existing H-1B filing fees but would not apply to cap-exempt H-1B petitions. If finalized, the proposal would fundamentally change the...

E-Verify Expands “Status Change Report” To Flag Additional Invalidated EADs

Employers will have new reverification obligations and heightened compliance risks under an E-Verify expansion implemented by DHS. The E-Verify Status Change Report now includes invalidated Employment Authorization Documents (EADs) issued to individuals granted Temporary Protected Status (TPS), TPS applicants, asylum applicants with pending asylum applications, and adjustment of status for permanent residence applicants. Previously, the report identified only specified parolee EADs....

DHS Expands Additional Biometric Fee To H-1B And L-1 Visa Extension Filings

Covered employers will have to pay the 9-11 Response and Biometric Entry-Exit Fee on all H-1B and L-1 extension-of-status petitions, including routine same-employer extensions, beginning September 9. A final rule from DHS is expanding the fee to all H-1B and L-1 extension-of-status petitions filed by employers that have at least 50 employees in the United States and whose U.S. workforce is more...

DOJ Settlement Signals Increased Scrutiny Of PERM Recruiting Practices

OpenAI and the Justice Department’s Immigrant and Employee Rights Section have settled a case involving allegations that OpenAI discriminated against U.S. workers in recruitment tied to the permanent labor certification process. The settlement requires OpenAI to pay $1.2 million, establish a $2 million back-pay fund, and revise its PERM recruiting practices. The PERM program allows employers to sponsor workers for...

Federal Court Strikes Down $100,000 H-1B Fee

A federal court has vacated the Trump Administration’s $100,000 H-1B fee nationwide. In California v. Mullin, the U.S. District Court for Massachusetts on June 8 granted summary judgment for the states that challenged the fee. The court concluded that the $100,000 fee functioned as a tax rather than as a permissible user fee and that Congress had not delegated taxing authority...

USCIS Narrows Use Of Adjustment Of Status For Employment-Based Green Cards

A new USCIS policy signals heightened scrutiny at the final stage of the green card process and will likely require more applicants to complete the permanent residency application process at U.S. consulates outside the United States. Adjustment of status (AOS) is the process that many foreign nationals use to obtain lawful permanent residence (a “green card”) from within the United...

ICE Reclassifies Common Form I-9 Errors As Substantive Violations

Recent updates to ICE’s Form I-9 Inspection Fact Sheet significantly increase employers’ penalty exposure by reclassifying many previously curable paperwork errors as substantive violations subject to immediate fines. U.S. Immigration and Customs Enforcement changed the classification for some Form I-9 errors on March 16. Previously, ICE treated many routine minor errors, such as forgetting to insert a date, as technical or...

USCIS Completes FY 2027 H-1B Cap Lottery

U.S. Citizenship and Immigration Services has received enough electronic registrations during the initial H-1B lottery registration period to reach the fiscal year 2027 H-1B cap, including the advanced degree exemption cap, USCIS announced March 31. USCIS has completed the selection process and notified employers whose registrations were selected. Selection in the lottery confers eligibility to file a cap‑subject petition but...

Proposed DHS Rule Would Restrict Work Authorization For Asylum Applicants

The Department of Homeland Security published a proposed rule February 23 that would modify work authorization eligibility and filing rules for individuals that have pending asylum applications. The DHS proposal would delay and occasionally pause initial work permits and increase the likelihood of work authorization gaps for such individuals. Public comments are due April 24. If the proposed rule is adopted, asylum...

USCIS Announces FY 2027 H 1B Lottery Registration Opens March 4 With New Weighted Selection Process

USCIS will open the FY 2027 H-1B lottery electronic registration period on March 4, 2026. Employers will have until March 19 to submit electronic registrations using their USCIS online accounts and pay the $215 registration fee per beneficiary. USCIS is expected to send out selection notices by March 31, 2026. Under USCIS’ new weighted selection rule, employers will receive more lottery...