U.S. Finalizes Weighted H‑1B Selection as Court Upholds $100,000 Fee

Overview

• USCIS published a final rule that replaces the random H‑1B lottery with a wage‑weighted system that assigns four entries to Level IV, three to Level III, two to Level II, and one to Level I based on OEWS wage levels for the job and location.
• The rule will govern the FY2027 registration season expected in March 2026, and each beneficiary will be counted once even if multiple employers file, with the lowest applicable wage level controlling.
• A D.C. federal court decision by Judge Beryl A. Howell upheld President Trump’s $100,000 charge on many new H‑1B petitions, primarily affecting first‑time beneficiaries outside the United States, with exemptions for qualifying in‑country changes of status and other specified cases.
• The U.S. Chamber of Commerce has filed a notice of appeal, and at least two other lawsuits challenging the fee are pending, while legal questions about DHS’s authority over the weighted selection rule are anticipated.
• Employers face a tighter compliance environment as registration details must match petitions, while travel restrictions expanded on January 1, 2026 and related adjudication pauses and consular delays add uncertainty for international applicants.