Visa Lawyer Blog

Articles Posted in Work Visas

by

popmelon-ai-generated-8647282-scaledA newly proposed rule from the U.S. Department of Labor (DOL) could significantly reshape the cost and strategy of hiring foreign talent through the H-1B and PERM programs.

The proposal, aimed at increasing wage protections for U.S. workers, is expected to drive up salary requirements—adding what some are calling “sticker shock” for employers.

What the Proposed Rule Does

The DOL’s proposal focuses on revising how prevailing wages are calculated across H-1B, H-1B1, E-3, and PERM programs. Instead of relying on lower wage percentiles, the rule would shift wage levels upward to better reflect actual market compensation.

Under the current system, wages are divided into four levels based on experience. The proposal would significantly raise each level—for example, entry-level wages would move from the 17th percentile to the 34th percentile, with similar increases across all tiers.

The DOL’s stated goal is to ensure foreign workers are paid comparably to similarly situated U.S. workers and to eliminate incentives for employers to hire lower-cost foreign labor.

Continue reading

by

starshopping-trophy-4145177_1280Welcome back to Visalawyerblog! In this post, we bring you the latest H-1B lottery news.

On March 31, 2026, USCIS announced that they have selected enough beneficiaries from properly submitted electronic registrations to meet the H-1B regular cap and the U.S. advanced degree exemption for fiscal year 2027.

With this announcement, USCIS brings the 2027 FY H-1B cap season to a close.

What happens next?

At this point, USCIS has completed its selection process and sent out non-selection notifications via the myUSCIS online accounts to those petitioners and their attorneys who were not selected for FY 2027.

The status for registrations properly submitted for the FY 2027 H-1B numerical allocations, but that were not selected, will show:

  • Not Selected: Not eligible to file an H-1B cap petition based on this registration.

If I was selected, when can I submit my paper application by mail or online?

Only petitioners who were selected will be able to file a paper or online application on behalf of the alien worker, beginning April 1, 2026. Petitioner’s must include a copy of the applicable registration selection notice with the FY 2027 H-1B cap-subject petition. For paper applications, petitioners should ensure that they send their application to the correct service center within the filing period indicated on the registration selection notice.

Beginning April 1, USCIS will only accept the 02/27/26 edition of Form I-129. All H-1B cap subject petitions for FY 2027 must use this edition of the form.

Continue reading

by

arpad-czapp-Cg94g0QFHv4-unsplash-scaledThe U.S. Department of State has announced expanded screening and vetting procedures for visa applicants, effective Monday March 30. As a result, applying for a U.S. visa will now involve closer review of your background, including your online activity.

Who Is Affected

The following nonimmigrant visa applicants may now be subject to enhanced review of their social media and online presence:

  • A-3
  • C-3 (if a domestic worker)
  • G-5
  • H-3
  • H-4 (dependents of H-3)
  • K-1
  • K-2
  • K-3
  • Q
  • R-1
  • R-2
  • S
  • T
  • U

These are in addition to H-1B applicants and their dependents, as well as F, M, and J student and exchange visitor visa applicants already subject to this review.

Continue reading

by

mana5280-XiF1p97u3fc-unsplash-scaled

Rising tensions in the Middle East are causing immediate disruptions to visa processing and international travel across the region. According to the State Department, several embassies throughout the Middle East have halted or significantly limited visa services following airstrikes targeting Iran and subsequent retaliatory actions.

The situation is fluid and is evolving on a daily basis.

Widespread Travel Disruptions Across the Middle East

The escalating security situation has triggered widespread travel interruptions throughout the region. Airspace closures have been reported in Iran, Israel, Kuwait, the United Arab Emirates, Bahrain, Iraq, and Qatar. Airlines have suspended flights throughout the region, and there are reports of land border closures and shelter-in-place advisories in several countries.

These disruptions are expected to significantly affect visa issuance, passport returns, and the movement of workers.

U.S. Embassy Visa Services Suspended or Limited

The following U.S. diplomatic missions across the region have implemented operational changes, including canceled appointments, and the suspension of routine visa services until further notice.

  • United Arab Emirates: The U.S. Embassy in Abu Dhabi and the U.S. Consulate in Dubai canceled all visa and U.S. citizen services appointments from March 2–4 while personnel sheltered in place.
  • Beirut: Since February 23rd non-emergency personnel have departed and all consular visa services have been suspended.
  • Qatar: Routine consular appointments at the U.S. Embassy in Doha have been canceled due to ongoing security concerns until further notice.
  • Israel: The U.S. Embassy in Jerusalem and the Tel Aviv branch office have suspended all routine visa services through March 13 and are prioritizing assistance to U.S. citizens.
  • Jordan: The U.S. Embassy in Amman issued a shelter-in-place directive and visa services are suspended for the foreseeable future.
  • Kuwait: Embassy personnel have been ordered to shelter in place and all routine visa have been suspended.
  • Dubai: The U.S. Embassy in Abu Dhabi and the Dubai branch office issued a shelter-in-place directive and all routine visa services and appointments have been postponed.
  • Pakistan: The State Department has ordered non-emergency U.S. government employees from U.S. Consulates Lahore and Karachi to leave Pakistan due to safety risks.  At the U.S. Embassy Islamabad, the consulate will not be open for routine services on March 6, but staff remain available for emergency services only.
  • Cyprus: The State Department ordered non-emergency U.S. government employees to leave Cyprus due to the threat of armed conflict. All routine visa services and U.S. Citizen services have been suspended.
  • Saudi Arabia: The U.S. Mission in Saudi Arabia has suspended all routine and emergency consular services until further notice. The State Department has authorized non-emergency U.S. government employees to leave Saudi Arabia. The U.S. Consulate in Dhahran has specifically ordered the public to stay away from the area due to ongoing attacks and security concerns.

Continue reading

by

tanrica-financial-analytics-10079927_1280
Highlights

  • Starting March 1, 2026, the premium processing fee for I-140 immigrant worker petitions and most Form I-129 nonimmigrant worker petitions will increase to $2,965, from $2,805. Fees for premium processing of certain I-129 petitions for nonimmigrant workers, I-539 petitions to extend/change nonimmigrant status, and I-765 EADs for OPT and STEM classifications will also increase.
  • The new fees apply to filings postmarked on or after March 1, 2026.
Continue reading

by

barelydevi-bakery-4737781_1280Beginning March 1, 2026, the U.S. Small Business Administration (SBA) will restrict its flagship loan programs—like the 7(a) and 504 loans—to businesses that are 100 % owned by U.S. citizens or U.S. nationals whose primary residence is in the United States.

Under the revised policy, lawful permanent residents (green card holders) are no longer permitted to hold any ownership stake (direct or indirect) in businesses seeking SBA‑backed loans.

A notice published by the agency earlier this month explains, “SBA is requiring that 100% of all direct and/or indirect owners of a small business applicant be U.S. Citizens or U.S. Nationals who have their Principal Residence in the United States, its territories or possessions.”

This rule removes a long-standing exception that previously allowed limited minority ownership of up to 5% by non‑citizens (such as E-2 investors) or green card holders under certain conditions.

Officials say the new rules implement President Trump’s January 2025 executive order, “Protecting the American People Against Invasion,” described as an effort to enforce U.S. immigration laws and safeguard public safety.

Continue reading

by

graphic-4067697_1280As the FY 2027 H-1B cap season approaches, employers will need to take additional steps to prepare for the new wage-based weighted selection system and to assess whether their petitions will be subject to the recently implemented $100,000 H-1B fee.

Registration Opens March 4, 2026

USCIS recently announced that the initial registration period for the FY 2027 H-1B cap will open at 12:00 p.m. Eastern on March 4, 2026, and will close at 12:00 p.m. Eastern on March 19, 2026.

During this window, employers and their representatives must use a USCIS online account to electronically register each prospective H-1B cap beneficiary for the selection process and pay the required $215 registration fee for each registration.

New Changes to the H-1B Lottery

Pursuant to a new regulation, the Department of Homeland Security (DHS) is replacing the traditional random H-1B cap lottery with a weighted selection process that prioritizes beneficiaries offered the highest wages under the Department of Labor’s four-level prevailing wage structure.

DHS plans to implement the system on February 27, 2026, in advance of the FY 2027 H-1B cap season beginning in March 2026.

As a result, employers will be required to indicate, for each prospective beneficiary registered in the H-1B cap system, the applicable Department of Labor (DOL) prevailing wage level corresponding to the offered salary.

Continue reading

by

children-5606239_1280
Nearly 200 immigrants, including six from Massachusetts, have filed a federal lawsuit against the U.S. government over a sudden pause in processing green cards, citizenship applications, and asylum petitions. The pause was announced by U.S. Citizenship and Immigration Services (USCIS) shortly after the Trump administration expanded travel restrictions to 39 countries—20 of them facing partial restrictions.

Why USCIS Paused Green Card Processing for Travel Ban Countries

USCIS has paused the processing of green card applications for individuals from countries subject to the travel ban to ensure that all applicants are thoroughly vetted before being allowed to enter or remain in the United States. The agency stated that the pause allows it to review and strengthen security screenings for people from the affected countries. According to the Department of Homeland Security, the temporary halt is intended to maximize the effectiveness of background checks and other vetting procedures, with the goal of protecting public safety while the agency implements the updated immigration restrictions.

Continue reading

by

hiring-1977914_1280The U.S. Department of Homeland Security (DHS) has issued a final rule that replaces the longstanding random H‑1B cap lottery with a wage‑level‑based weighted selection system, set to take effect in time for the fiscal year 2027 H‑1B cap season beginning in March 2026.

Under the new rule, beneficiaries registered for the H‑1B cap will be entered into the selection pool with entries weighted according to the wage offered by their prospective employer under the Department of Labor’s four‑level prevailing wage system.

A beneficiary offered a Level 4 wage receives four entries in the selection pool, Level 3 three entries, Level 2 two entries, and Level 1 one entry, giving higher‑wage positions statistically greater odds of selection than lower‑wage positions.

Employers must indicate the appropriate wage level, occupational code, and work location in each registration, and U.S. Citizenship and Immigration Services (USCIS) may deny or revoke petitions if it determines that an incorrect wage level was indicated to unfairly increase selection odds.

The rule is scheduled to take effect 60 days after its December 29 publication in the Federal Register, though it may face court challenges before implementation.

Requirements for Offered Wages

H‑1B cap registrations will reflect the OEWS wage level corresponding to the wage offered to the prospective employee. When submitting a registration, the sponsoring employer must select the highest OEWS wage level that the offered wage meets or exceeds for the relevant occupation in the intended work location.

If the employee will work in multiple locations, the employer must use the lowest applicable OEWS wage level. Additionally, if multiple employers register the same foreign national, that individual will be entered into the H‑1B lottery using the registration with the lowest prevailing wage level.

Continue reading

by

santa-claus-1614994_1280As the year draws to a close, we would like to extend our sincere thanks for the trust you have placed in our firm.

We wish you and your loved ones a joyful Christmas and a New Year filled with good health, peace, and success. It has been our privilege to work with you, and we look forward to continuing to serve you in the year ahead.

In observance of the Christmas holiday, our office will be closed on Wednesday December 24th through Friday December 26th. We will resume normal business hours on Monday December 29th.

Continue reading