Featured Issue: FY2027 H-1B Cap Season
This page provides key information on the FY2027 H‑1B cap-subject filing season. It will be updated with official announcements, policy guidance, and tools to assist practitioners. Check back often for filing dates, regulatory updates, and compliance resources to ensure timely, accurate submissions.
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
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.