Overview
- U.S. Court of Appeals for the D.C. Circuit granted the Chamber of Commerce an expedited appeal, setting February arguments on President Trump’s $100,000 fee for certain H‑1B applicants.
- A D.C. district judge recently upheld the fee under INA §212(f); the charge applies to beneficiaries seeking visas from abroad and not to in‑country changes of status, extensions, transfers, or cap‑exempt cases.
- DHS has finalized a wage‑weighted H‑1B cap selection system effective February 27, 2026, replacing the random lottery for the upcoming FY 2027 registration season.
- Registrations will be weighted by DOL wage levels—Level IV entered four times, Level III three, Level II twice, Level I once—and employers must lock in the SOC code, worksite, and wage level at registration.
- DHS projects higher aggregate H‑1B wages (about $502 million in the first year) and modeling shows markedly lower selection odds for entry‑level roles, prompting employers to reassess hiring strategies before March.