USCIS has issued clarifications regarding how it processes EB-5 investor visa petitions, dispelling recent misconceptions about procedural changes. The clarification comes amid heightened scrutiny of employment-based immigration pathways and is expected to provide relief to investors and their legal representatives who were uncertain about current adjudication practices.
Simultaneously, USCIS has completed the H-1B cap selection process for the current fiscal year. Petitioners selected in the lottery have been notified and may proceed with filing their petitions. Those not selected will need to wait for the next registration cycle unless they qualify for cap-exempt positions.
These developments are part of a broader landscape of employment-based immigration updates in April 2026, including ongoing discussions about the USCIS green card backlog and pending inventory numbers. EB-3 applicants should monitor the Visa Bulletin closely as retrogression and forward movement in priority dates continue to affect filing eligibility.
Immigration practitioners are advised to review the official USCIS guidance on EB-5 processing to ensure compliance with current procedures. H-1B applicants who were selected should work with their employers and attorneys to prepare complete petition packages ahead of filing deadlines.
USCIS finalized FY 2027 H-1B cap selections on March 31, 2026. Selected petitioners may file starting April 1 using the new Form I-129 edition. Overseas winners face a $100,000 fee under a Trump presidential proclamation.
USCIS may blacklist applicants who attempt to game the H1B lottery through passport renewal, employer changes, or wage level manipulation, according to an official I-797C notice.
USCIS completed the FY2027 H-1B lottery on March 31, 2026, using a new weighted wage-level selection process for the first time. Selected employers have 90 days (April 1–June 30) to file petitions, with employment eligible from October 1, 2026.