Featured Issue: FY2027 H-1B Cap Season
Key changes for FY2027 H‑1B cap filings include a shift to wage-weighted selection instead of a random lottery, requiring detailed registration with SOC codes and wage levels. Additionally, a new $100,000 fee applies to certain petitions, impacting employer strategies this season.
Previous Fiscal Year Resources:
Browse the Featured Issue: FY2027 H-1B Cap Season collection
DHS Final Rule on Weighted Selection Process for Cap-Subject H-1B Petitions
DHS issued a final rule implementing a weighted selection process that will generally favor the allocation of cap-subject H-1B visas to higher-paid workers. This rule will be effective on 2/27/26, in time for the FY 2027 registration season. (90 FR 60864, 12/29/25)
District Court Rules in Favor of DHS in Lawsuit Over $100,000 H-1B Fee
The Chamber of Commerce and AAU challenged the presidential proclamation restricting H-1B visas and imposing a $100,000 fee, claiming it exceeded legal authority. The court upheld the proclamation, ruling the President acted within broad statutory powers. (Chamber of Commerce v. DHS, 12/23/25)
DHS Announces Weighted Selection Process for Cap-Subject H-1B Petitions
DHS announced a final rule implementing a weighted selection process for cap-subject H-1B petitions that prioritizes higher-paid individuals, effective 2/27/26. It will be in place for the FY27 H-1B cap registration season. The rule was subsequently published at 90 FR 60864 on 12/29/25.
Client Flyer: Presidential Proclamation Requires $100,000 Fee for New H-1B Workers
AILA provides a flyer to inform your clients of the Presidential Proclamation requiring a $100,000 fee for new H-1B workers. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.
Practice Alert: DOS Expands Online Presence Review to H-1B and H-4 Visa Applicants
AILA’s DOS Liaison Committee provides a practice alert on the DOS announcement of expanded screening and vetting for H-1B and H-4 visa applicants.
DOS Announces Expanded Screening and Vetting for H-1B and Dependent H-4 Visa Applicants
DOS announced that as of 12/15/25, it will expand online presence review requirements to all H-1B applicants and their dependents, in addition to students and exchange visitors. DOS instructs all such applicants to set their social media profiles to public.
AILA Submits on H-1B Weighted Lottery Registration Form
AILA submitted comments in opposition to the information collection associated with the H-1B weighted lottery proposed rule.
Practice Alert: Guidance on the $100,000 H-1B Proclamation Fee
On October 20, 2025, USCIS provided additional information about the September 19, 2025 Presidential Proclamation for the $100,000 H-1B fee. This practice alert summarizes the detailed information provided to date and highlights remaining questions.
AILA and the Council Joint Comment on USCIS NPRM on Weighted Selection Process for Cap-Subject H-1B Petitions
AILA and the American Immigration Council submitted comments in opposition to USCIS proposed rule creating a weighted selection process for H-1B cap-subject petitions. The comments emphasize the importance of H-1B workers for the economy and how the rule is contrary to congressional intent.
Rep. Sam Liccardo (D-CA) Leads 6 Bipartisan Members of Congress Urging the Trump Administration to Reconsider the H-1B $100,000 Fee
Rep. Sam Liccardo (D-CA) leads 6 bipartisan House members in a letter to President Trump and Secretary of Commerce Howard Lutnick highlighting the economic and technological consequences of the recently announced $100,000 H-1B fee.
AILA worked with Rep. Liccardo's office to draft this letter.
USCIS Provides Clarifications Regarding New H-1B Fee
USCIS issued an announcement with more information regarding requirements and payment method for the new $100,000 H-1B fee established by the 9/19/25 presidential proclamation, "Restriction on Entry of Certain Nonimmigrant Workers."
Practice Alert: Presidential Proclamation Bans Entry of Certain H-1B Nonimmigrants if $100,000 is Not Paid
AILA provides an update to its practice alert on the proclamation restricting the entry of those in H-1B status without payment of a new $100,000 fee. AILA continues to monitor the situation and will provide necessary updates.
Policy Brief: Policies Targeting Skilled Workers and Students Crush American Innovation and Harm our Economy
The Trump administration's immigration policies targeting highly skilled immigrants threatens to weaken the U.S. economy through undercutting innovation and not providing ample opportunity for potential talent to stay and contribute.
Practice Alert: U.S. Department of Labor Launches Project Firewall
AILA's DOL Committee provides a brief overview regarding the newly announced Project Firewall, which is slated to increase enforcement around the H-1B program. Among the most notable changes is that the Secretary of Labor, and not WHD, will certify initiation of investigations.
AILA Sends Administration Outstanding Questions on Implementation of H-1B Proclamation
Despite having taken effect on September 21, 2025, there remain many outstanding questions on the implementation of the H-1B proclamation and collection of the $100,000 fee. AILA seeks answers on these questions from various Administration agencies, including the White House.
Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant (H-1B) Workers
On 9/19/25, President Trump signed a proclamation restricting entry of certain nonimmigrant (H-1B) workers, applying a new $100,000 fee to H-1B applications. Subsequent guidance clarified that the fee will only apply to new H-1B applications submitted on or after 9/21/25. (90 FR 46027, 9/24/25)
USCIS NPRM on Weighted Selection Process for Cap-Subject H-1B Petitions
DHS notice of proposed rulemaking (NPRM) proposing to implement a weighted selection process that would generally favor the allocation of cap-subject H–1B visas to workers at higher wage levels. Comments are due 10/24/25. (90 FR 45986, 9/24/25)
Restriction on Entry of Certain Nonimmigrant Workers
DOS released an acknowledgement of the Presidential Proclamation Restriction on Entry of Certain Nonimmigrant Workers, which restricts the entry of those in H-1B status if a $100,000 fee is not paid.
DOS FAQ on H-1B Proclamation
DOS released an FAQ clarifying the parameters of the 9/19/25 presidential proclamation “Restriction on Entry of Certain Nonimmigrant Workers." The FAQ states that the Proclamation will only apply to new petitions submitted on or after 9/21/25.
USCIS Memorandum on Restriction on Entry of Certain Nonimmigrant Workers [H-1B] Proclamation
USCIS posted this memorandum implementing the H-1B proclamation on the evening of September 20, 2025. It notes that the guidance applies to H-1B petitions filed after 12:01 am EDT September 21, 2025.
CBP Memorandum on Restriction on Entry of Certain Nonimmigrant Workers [H-1B] Proclamation
On the evening of September 20, 2025, CBP tweeted publicly this internal memorandum implementing the H-1B proclamation. Notably, it states that the proclamation applies only to prospectively to petitions that have not yet been filed.
White House Releases Fact Sheet on Proclamation Suspending Entry of Certain H-1B Workers
The White House released a fact sheet on the 9/19/25 Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers." It notes that the guidance applies to H-1B petitions filed on or after 9/21/25 and that case-by-case exemptions may be made in the national interest.
Practice Pointer: O*Net Updates and Their Effect on Perm and H-1B Filings (August 2025 Update)
AILA's DOL Committee provides an updated analysis of the August 2025 update to DOL's O*NET Program and its effect on PERM and H-1B filings.