USCIS has completed the FY 2027 H-1B cap lottery and opened the filing window starting April 1, 2026. Employers must use new mandatory Form I-129 and face heightened scrutiny. DOL also proposes major prevailing wage changes affecting H-1B and PERM programs.
USCIS has completed the FY 2027 H-1B cap lottery and issued selection notifications, opening the petition filing window on April 1, 2026, for a minimum 90-day period. Employers must immediately verify selected beneficiaries through their USCIS online accounts and begin preparing petitions without delay, prioritizing business-critical roles and F-1 OPT/STEM employees nearing work authorization expiration.
A critical compliance change for this cycle is the mandatory use of the new Form I-129 (edition 02/27/26). Petitions filed on prior versions will be rejected outright. In addition, USCIS is applying heightened scrutiny to ensure petition details—including beneficiary name, passport information, job duties, work location, and wage level—align precisely with the original registration. Even minor inconsistencies may result in denial or revocation.
Employers should also assess exposure to the $100,000 supplemental fee under current Presidential Proclamation requirements. Higher volumes of Requests for Evidence (RFEs) are expected, along with potential site visits and audits, particularly for Level 1 wage cases and third-party placements. Backup strategies for unselected candidates—such as cap-exempt H-1B options, L-1, O-1, or TN visas—should be evaluated proactively.
Of particular relevance to EB-3 applicants, the Department of Labor has proposed major changes to prevailing wage calculations affecting both H-1B and PERM labor certification programs. Shifts in prevailing wage methodology can directly impact PERM filing eligibility and employer costs for EB-3 sponsorship, making it essential for employers and applicants in the pipeline to monitor this rulemaking closely.
Additionally, the State Department has expanded its Visa Bond Pilot Program to additional countries, and a new advisory has been issued warning of fraudulent websites mimicking Thailand's Digital Arrival Card system. Travelers and applicants should exercise caution and use only official government portals for any immigration-related submissions.
A former USCIS Asylum Officer and ICE law clerk, now in private practice, hosts an AMA covering marriage-based green cards and K-1 fiancé visas, offering insider perspective on current risks and procedures.
USCIS extended TPS-related EAD expiration dates to July 10, 2026 for nationals of Haiti, Burma, Somalia, Yemen, Syria, Ethiopia, and South Sudan following the Supreme Court's Mullins v. Doe ruling affirming DHS's authority to terminate TPS designations.
USCIS proposes major AR-11 changes requiring employer and benefits data from foreign nationals reporting address changes. Inconsistencies with visa petitions could trigger reviews. Public comment period closes July 6, 2026.