Featured Issues

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.

Registration Period Will Open March 4, 2026

USCIS announced that the initial registration period for the FY2027 H-1B cap will be open from March 4, 2026, through March 19, 2026. The announcement also provides information on the registration process, the new weighted selection process, and the $100,000 H-1B fee.

 

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.

Practice Pointer
Gain insights into the new weighted selection process that will be used for this year’s H-1B cap season.
New Weighted-Selection Process
DHS published a final rule implementing a wage-weighted selection process.
New $100,000 H-1B Fee
USCIS provided guidance on the new $100,000 H-1B fee established by a Presidential Proclamation.
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Agency Memos & Announcements, Federal Agencies

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.

9/21/25 AILA Doc. No. 25092402. Business Immigration, H-1B & H-1B1 Specialty Occupation
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

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.

9/20/25 AILA Doc. No. 25092101. Business Immigration, H-1B & H-1B1 Specialty Occupation
Accessible to Public.
Agency Memos & Announcements

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.

Accessible to Public.
Agency Memos & Announcements

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.

9/19/25 AILA Doc. No. 25092301. Business Immigration, H-1B & H-1B1 Specialty Occupation
Accessible to Public.
Practice Resources

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.

Accessible to: Member, Student, Paralegal.
Accessible to Public.