Weighted H-1B Cap Selection Process, Premium Processing Fee Increases, Immigrant Visa Pause, & New R-1 Rule
Final Rule Published for Weighted H-1B Selection Process for FY 2027
The Department of Homeland Security (DHS) published a final rule changing the random selection process for H-1B cap registrations to a weighted selection process based on wage level. Effective February 27, 2026, the final rule will apply to the FY 2027 H-1B cap registration period, which is anticipated to occur in March 2026. The new weighted selection process will apply to both the regular cap and the advanced degree (“master’s”) cap.
Under the final rule, U.S. Citizenship and Immigration Services (USCIS) will select H-1B cap registrations based on the wage level offered to the H-1B beneficiary. Beneficiaries whose offered salary meets or exceeds the designated prevailing wage level IV for the offered occupation and place of intended employment under the Department of Labor’s (DOL) Occupational Employment and Wage Statistics (OEWS) database will be entered in the H-1B lottery 4 times. Beneficiaries whose offered salary meets or exceeds prevailing wage level III will be entered in the lottery 3 times. Beneficiaries whose offered salary meets or exceeds prevailing wage level II will be entered in the lottery 2 times. Beneficiaries whose offered salary meets or exceeds prevailing wage level I will be entered in the lottery 1 time.
Beneficiaries with offered positions that meet or exceed higher wage levels within the OEWS database have increased chances of being selected. Registrations will now require input of the applicable Standard Occupational Classification (SOC) code, wage level, and area of intended employment. If the beneficiary will be placed in multiple work locations, the lowest applicable wage level will apply for selection purposes.
Multiple employers may submit registrations for the same beneficiary, but each unique beneficiary will be counted only once toward the numerical allocation projections. If a beneficiary has multiple registrations with different wage levels, USCIS will use the lowest wage level for purposes of the weighted selection. If selected, each employer that submitted a registration may file an H-1B petition on behalf of that beneficiary, and the subsequent H-1B petition and accompanying Labor Condition Application (LCA) must be consistent with the H-1B registration (i.e., same SOC code, wage level, area of intended employment). Although each employer may file an H-1B petition for a selected beneficiary, the beneficiary will be required to select the employer for which s/he intends to work.
Considering these changes, ImLaw recommends that employers begin preparing for the H-1B cap registration process now. The ImLaw team will work proactively with employers to review each offered H-1B cap position and salary, identify the correct and applicable SOC code(s), and determine the highest applicable OEWS wage level for each position in anticipation of H-1B registration process in March. Our team will also evaluate positions with multiple work locations, including remote work locations, to help assess and predict the “lowest applicable wage level” that will apply to the registration.
Note, the $100,000 fee created by Presidential Proclamation does not apply to beneficiaries in the U.S. requesting a change of status to H-1B (such as individuals on F-1 status requesting a change of status to H-1B). Only beneficiaries selected in the lottery that request consular notification or port of entry notification or are denied by USCIS for a change of status will be subject to the $100,000 payment.
The ImLaw team will continue to monitor developments related to this final rule. Reach out to ImLaw with H-1B cap requests or questions here: Contact ImLaw in Grand Rapids, MI
DHS Increases USCIS Premium Processing Fees
Effective March 1, 2026, premium processing fees for most I-129 petitions (including H-1B, E, L-1, O-1, TN, H-3, P, and Q) and the I-140 petition will increase from $2,805 to $2,965, for H-2B and R-1 petitions from $1,685 to $1,780, for certain I-765 applications (OPT and STEM OPT) from $1,685 to $1,780, and for I-539 applications requesting extension or change of status to F, J, or M status from $1,965 to $2,075.
DOS to Halt Immigrant Visa Issuance for Applicants from 75 Countries
Effective January 21, 2026, the U.S. Department of State (DOS) will pause issuance of immigrant visas by U.S. consulates abroad to applicants from 75 countries:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
The pause affects the issuance of immigrant visas and not nonimmigrant/temporary visas. Applicants from these countries may still file immigrant visa applications and attend scheduled interviews, however, U.S. consulates will not issue immigrant visas to such applicants until further notice. The pause does not affect dual nationals applying for an immigrant visa with a valid passport of a country not subject to the pause.
Although family-based immigrant visa processing already requires an I-864 affidavit of support with supporting evidence to overcome the public charge ground of inadmissibility, the DOS is performing “a full review of all policies, regulations, and guidance to ensure that immigrants from these high-risk countries do not utilize welfare in the United States or become a public charge.”
ImLaw will monitor the implementation of this new guidance. Questions? Reach out to our team: Contact ImLaw in Grand Rapids, MI
Elimination of 1-Year Foreign Residence Requirement for Maxed Out R-1 Workers
On a more positive note, DHS issued an interim final rule (IFR) that amends regulations to remove the requirement that R-1 religious workers who have reached the 5-year maximum on R-1 status must reside abroad and be physically present outside the U.S. for 1 year before seeking readmission on R-1 status. The new rule will help alleviate disruptions in R-1 employment for many religious organizations. Since immigrant visa numbers have been unavailable for the EB-4 special immigrant religious worker green card category, R-1s sponsored by their religious organizations have been unable to apply for adjustment of status to permanent residence within the 5-year maximum, requiring them to depart the U.S. to wait out the backlog or apply for a different nonimmigrant visa status, if an option is even available. The rule is scheduled to be published in the Federal Register on January 16, 2026, with a public comment period for 60 days after publication.
Contact the ImLaw team with any questions regarding this welcome change: Contact ImLaw in Grand Rapids, MI
Read more here: https://public-inspection.federalregister.gov/2026-00830.pdf