Overview
- U.S. District Judge Beryl Howell ruled the presidential proclamation imposing a $100,000 fee on certain new H-1B applications is lawful, allowing enforcement to continue.
- DHS/USCIS finalized a rule ending the random H-1B lottery in favor of a process that gives higher-paid, higher-skilled petitions better odds of selection starting February 26, 2026.
- The new selection framework weights entries by wage tier, with top wage levels receiving more entries than lower tiers, and will first apply to the FY 2027 cap season.
- Petitions filed before the new rule takes effect will be processed under the existing lottery system, preserving current procedures for earlier filings.
- The U.S. Chamber of Commerce can appeal, and parallel lawsuits from a coalition of states, labor unions, and a nurse-staffing agency remain active, as employers warn of higher costs and uncertainty for sectors like tech and healthcare.