On September 11, 2026, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would eliminate the up-to-60-day grace period currently available to certain foreign workers following termination of employment. The current grace...
DHS proposes new $103,265 fee on cap-subject H1B visa petitions
Aug 24, 2026
On August 24, 2026, the Department of Homeland Security released a Notice of Proposed Rulemaking (NPRM) that, if finalized, would add a new, separate fee of $103,265 to most H1B cap (lottery) petitions on top of all existing filing fees for H1B petitions counted...
Two Recent Federal Court Decisions May Provide Relief for Employers and Foreign Nationals
Aug 19, 2026
Update: October 1, 2026 On September 30, a federal judge in San Francisco ruled against the $100,000 fee. This is the second court to rule this way, after a federal judge in Massachusetts, discussed below. For now, employers do not have to pay the $100,000 fee....
New Consular Interview Questions on Harm or Mistreatment: What Visa Applicants Should Expect
Apr 30, 2026
Recent reporting indicates that the U.S. Department of State has issued internal guidance instructing consular officers to ask all nonimmigrant visa applicants two new questions during visa interviews: Whether the applicant has experienced harm or mistreatment in...
H1B visa “cap” reached in 2026 (FY 2027)
Mar 31, 2026
March 31, 2026 On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory H1B visa “cap” for fiscal year (FY) 2027. The announcement states: “[USCIS] has received...
DHS proposes revising prevailing wage methodology for H1B, H1B1, and E-3 visas and for PERM-based green cards
Mar 30, 2026
On March 27, 2026, the U.S. Department of Labor (DHS) published a Notice of Proposed Rulemaking (NPRM) that would significantly change how government-set “prevailing wages” are calculated for key employment-based immigration programs. The rule would directly affect...
H-1B “cap” registration dates and fee announced for 2026 (FY 2027)
Jan 30, 2026
On January 30, 2026, USCIS announced the dates for the upcoming H-1B visa cap registration window. The window will open at noon ET (9am PT) on Wednesday March 4, 2026 and will close at noon ET (9am PT) on Thursday March 19, 2026. The registration fee will remain $215....
USCIS issues new guidance on applicability of President Trump’s $100,000 H1B visa fee
Oct 23, 2025
Update 07/29/2026 On July 24, 2026, the First Circuit Court of Appeals refused the government's request to stay the District Court's order overturning the $100,000 H1B visa fee. The fee is therefore currently, and as of the date of this writing, not in effect. USCIS...
U.S. Supreme Court leaves employment authorization for H-4 spouses of certain H-1B workers intact
Oct 20, 2025
After nearly a decade of litigation, the long-running battle over employment authorization for certain H-4 visa holders appears to be over. On October 14, 2025, the U.S. Supreme Court declined to take up Save Jobs USA v. Department of Homeland Security, a case...

















