The FY 2027 lottery introduces a wage-weighted selection process that will replace the random lottery favoring higher paid skilled positions over a purely random draw. Instead of one entry per beneficiary, registration entries will be multiplied based on Department of Labor wage levels, as follows: Level IV wage gets four entries; Level III 3 entries, Level II 2 entries, and level 1 one entry. 

Employers will be required to carefully evaluate and modify their H-1B hiring standards to reflect this new weighted selection process that favors high-skilled, high salary employees over entry-level, recent college graduates and submit evidence to USCIS that supports the wage level when filing their Labor Condition Applications (LCAs) and USCIS petitions.

Here is how the process will work:

• The registration period will run from March 4 to March 19, 2026
• USCIS will prioritize higher-wage positions. A Level 4 highest wage receives 4 times the chance of selection compared to an entry level role (Level 1)
• Employers must submit a $10 registration fee and specific details, including the ONET job and OEWS wage level, and the job location. Employers will later be required to justify the wage as it relates to the offered position when filing their petitions.
• Selection Process: If demand exceeds 85,000, USCIS will use the weighted system. If the cap is not met, all valid registrations will be selected.

For more information, refer here: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

And here for the H-1B Electronic Registration Process: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process

On December 16, the Trump Administration issued a newly enlarged travel ban restricting the entry of nationals of 20 new countries (as well as the Palestinian Authority) and cutting back on exceptions included in the prior ban.  With this expansion, roughly 1 in 5 people seeking to immigrate to the USA legally are now barred from doing so and hundreds of thousands more seeking non-immigrant visas to visit or reside temporarily will now be unable to do so.

Because the travel ban restricts entry, it will not impact those who are currently present in the US.  Be advised, however, that in November, USCIS put in place a blanket pause on the approval of ALL immigration benefits for nationals subject to the earlier June travel ban.  This  suspension applies to all benefits, including visa petitions, green-card applications and citizenship oath ceremonies.

With the 20 new countries added to the travel ban, this means that hundreds of thousands of people who would otherwise qualify to obtain, maintain or change their status under current immigration laws and procedures — are now in limbo, as are their family members or employers who may seek to sponsor them.

This post originally appeared in Immigration Impact and we thank them for this information.

More detail: https://discuss.ilw.com/articles/articles/601826-article-president-trump-expands-his-travel-ban-what-you-need-to-know-by-aaron-reichlin-melnick-for-immigration-impact

By discouraging the best and brightest minds from around the world — individuals who have enriched American industry for decades, we have sent the message: You’re not welcome here. Go elsewhere.  

What hasn’t hit home and is dangerously shortsighted and will weaken our economy, putting our global leadership at risk, is that these highly skilled and educated are in demand worldwide.  They can go anywhere — and they will. 

A coalition of health care providers, religious groups, unions, higher education and educators filed a lawsuit last week to stop the H-1B fee, saying it would harm hospitals, churches, schools and industries that rely on the visa. The Department of Homeland Security declined to comment and referred a query to its website. The lawsuit was filed in the U.S. District Court Northern District of California. It argues that President Trump lacks the authority to impose such a fee, that it was implemented without required public comment, and that it is arbitrary and capricious.  

We will follow this topic carefully and keep you advised of any and all progress. 

More here:  https://thehill.com/homenews/administration/5538546-trump-administration-h1-b-visa-fee-lawsuit/

The Proclamation has the following features:

• Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025 and for H-1B visa holders seeking to reenter the US. This new policy is set to last a year, unless extended. The Proclamation does not apply to beneficiaries of petitions filed before the effective date, beneficiaries of approved petitions, or individuals holding validly issued H-1B visas.  See The White House Fact Sheet: https://www.whitehouse.gov/articles/2025/09/h-1b-faq/
• It authorizes the Department of Homeland Security and the Depart of State to coordinate to take all necessary and appropriate action to implement this Proclamation
• USCIS provides guidance available here: https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
• This Proclamation only applies to petitions that have not yet been filed
• US Customs and Border Protection (CBP) has posted a Memorandum of Guidance to all consular offices here: https://x.com/CBP/status/1969512486627095007 stating that this does not impact any visa holder from traveling to or from the USA.

There are key matters that we are still not certain of such as whether this will apply to petitions requesting an extension of status or a change of employer.  It should not because it is based on INA 212(f) that states the “entry of any aliens” or “any class of aliens”, should not apply to a change of status to H-1B in the US even if the clarification from the White House does not state this.  Further steps are to be taken by the Department of Labor to revise and increase the prevailing wage levels and to prioritize high-skilled, high-paid workers in the H-1B lottery or those at lower wage levels. Additional reforms are also under consideration and will be announced in the coming months.

There may be exceptions for an individual, a company or an entire industry if DHS determines that it is within the national interest of the USA and does not pose a threat to the security of the country.

It is recommended that H-1B workers refrain from all international travel until we are provided more clarification.  For H-1B cap case beneficiaries with approved petitions and a valid visa, they should enter the US as soon as possible.

We will continue to provide updates as received.

The Department of Homeland Security has posted a Federal Register notice on the termination of the 2021 designation of Venezuela for Temporary Protected Status. After reviewing country conditions and consulting with the appropriate inter-agency partners, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer meet the statutory requirements for TPS.

The 2021 TPS designation for Venezuela will terminate at 11:59 p.m. on Nov. 7, 2025, 60 days after publication of the Federal Register notice. If you are an alien who is currently a beneficiary of TPS for Venezuela under the 2021 designation, you should prepare to return to Venezuela if you have no other lawful basis for remaining in the United States. The United States government offers financial and travel assistance for eligible Venezuelan nationals who voluntarily return to their home country through the CBP Home mobile application  This initiative is intended to incentivize voluntary returns and reduce the number of involuntary deportations.   

Here is the USCIS Notice:

https://www.uscis.gov/newsroom/alerts/dhs-terminates-2021-designation-of-venezuela-for-temporary-protected-status

To conduct remote Form I-9 verification, DHS has introduced a permanent remote option for employers that enables greatly needed flexibility to the I-9 certification process.  The employer  must be enrolled in E-Verify in good standing, receive digital copies of the employee’s documents, and then conduct a live video call to ensure the documents appear genuine and belong to the employee. After the live interaction, the employer checks a specific box on the form to indicate the alternative procedure was used and keeps clear, legible copies of the document. Employers must apply this remote verification process consistently for all newly hired employees. 

If your company does not meet the criteria for the remote option, you can still follow the traditional in-person process by using an authorized representative to perform the verification process for you, but you remain liable for any violations.  If using a notary public as an authorized representative, they perform the same tasks as any other authorized representative and should not use a notary seal on the I-9 form.

Current I-9 form edition is 1/20/2025:  https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf

DHS has introduced a permanent remote option for employers enrolled in E-Verify. For those who qualify, this alternative adds much-needed flexibility to the hiring process. For employers who are not eligible, designating a trusted third party ensures compliance while supporting remote hires.

Effective September 2, 2025, DOS will require all non-immigrant visa applicants (including E, F, H, J, K, L, M, O, P, and R visa applicants) to appear for in-person interviews with consular officers. In-person interviews will be required for both initial and renewal applications.

Effective September 2, 2025, DOS will require all non-immigrant visa applicants (including E, F, H, J, K, L, M, O, P, and R visa applicants) to appear for in-person interviews with consular officers. In-person interviews will be required for both initial and renewal applications.

Employers and employees should consider the additional time required for interview scheduling and completion based on this update.

DOS will waive the in-person interview requirement for very limited visa types, including certain B visa applicants and some diplomatic, official, and NATO visa applicants.

The Trump administration plans to publish a proposed rule to end or significantly change the annual H-1Bvisa lottery

Near the end of Trump’s first term, the administration proposed ending the current random selection process used each year when H-1B registrations exceed the annual limit of 65,000, plus a 20,000 exemption for individuals with an advanced degree from a U.S. university.

In its place, USCIS would have awarded H-1B petitions based on salary from highest to lowest. Commenters warned the rule violated the statute and would disadvantage recent international students and other early-career professionals. The Office of Management and Budget is reviewing the rule and could clear it for publication within weeks.

Under this system, USCIS would not have selected anybody paid at Level 1 for the regular cap or advanced degree exemption. USCIS would have chosen only 20% of individuals at Level 2 for the 20,000 advanced degree exemption and 75% of the Level 2 registrants for the 65,000 regular cap, or about 50% combined, according to DHS data.

Trump has been talking about doing this for a long time. Get ready — this will be a big change and could dramatically change who receives these visas and how companies hire foreign talent.

https://www.forbes.com/sites/stuartanderson/2025/07/21/new-trump-immigration-policy-ending-the-h-1b-visa-lottery/

The Trump administration sues Los Angeles over its ‘sanctuary city’ policies and its resistance to cooperating on Immigration

Los Angeles is a key testing ground as the Trump administration clashes with Democrats over immigration

The suit, that names Mayor Karen Bass, the City Council and City Council President Marqueece Harris-Dawson as defendants, claims that Los Angeles’ laws and policies obstruct the enforcement of immigration laws. Bass’ office has not responded to this comment.

There is a definite chill in the air for undocumented workers and those that hire them.  Fearing roundups, car checks and other tactics, many immigrants are staying home.  Construction, agriculture, senior care and hospitality employers say that labor shortages will worsen. Employers who are responsible for their employees must reach out to their Representatives and Senators to insist that they fight for them and their businesses and institute a faster, more user-friendly immigration process be put in place immediately for these essential workers with a pathway to permanent residency and US citizenship.

Agents at ports of entry are becoming more aggressive in their tactics as the administration increases their efforts against green-card (permanent residents) and visa holders that oppose the rough and sometimes violent manner in which these policies are being implemented.

It is important to know your rights and to carry your immigration documentation with you at all times.  

**** Please review this important information: 

https://www.ilrc.org/sites/default/files/resources/imm_preparedness_kit_april2020_1.pdf

AILA has recently confirmed that that on certain H-1B cases, E-Verify is not authorizing employees who are working for an employer under H-1B portability regulations, specifically when the employee previously held H-1B status, but has since held a different interim status such as H-4 or F-1 student visa.

E-Verify has previously issued employment authorization confirmation for these cases under the H-1B portability provisions for employers in similar situations when a new H-1B petition has been filed and pending – but has not been approved yet.  However, recently, E-Verify has changed course and has been issuing final nonconfirmations for employees working pursuant to H-1B portability who currently hold status in other visa classifications.

What does the Law have to say on this?

We reference INA Section 214(n) which states:

• A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under Section 101 (a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a).  Employment authorization shall continue for the alien until the new petition is adjudicated.  If the new petition is denied, such authorization shall cease;
• A nonimmigrant alien described in this paragraph is a nonimmigrant alien – (A) who has been lawfully admitted  into the USA; (b) on whose behalf an employer has filed a non-frivolous petition  for new employment before the date of expiration of the period of stay authorized  by the Attorney General; and (C)  who, subsequent to such lawful admission, has not  been employed without authorization in the USA before  the filing of such petition.

What is E-Verify’s Position?

E-Verify bases it denial justification on the interpretation of the statute and guidance from USCIS, and thee Office of Chief Counsel at USCIS stating that such employees  should be issued a nonconfirmation because “The H-1B portability rule does not apply to a nonimmigrant who weres  in H-1B status at one time, but who are currently in another valid  status and for whom a non-frivolous I-129 Petition to obtain H-1B status has been filed.”