H-1B – Duane Morris Immigration Law

May 13, 2026May 13, 2026 by Valentine A. Brown

USCIS Enhanced Security Vetting: New Fingerprint-Based Background Check Process Places many USCIS Applications on Temporary Hold

U.S. Citizenship and Immigration Services (USCIS) recently implemented a sweeping new security vetting process that has effectively paused adjudications across a wide range of immigration case types. Employers and their foreign national employees should understand what this means for pending and future applications, and how to plan accordingly.

What Happened

Beginning April 27, USCIS field and asylum offices across the country began notifying applicants and attorneys that adjudications were subject to a hold while the agency rolls out enhanced fingerprint-based background checks. The change stems from Executive Order 14385, signed February 6, 2026, which directs federal criminal justice agencies to share criminal history record information with the Department of Homeland Security to the full extent permitted by law. In response, the FBI granted USCIS expanded access to its criminal history databases, triggering a requirement that pending cases undergo re-vetting under the new system.

Under the updated protocol, USCIS must resubmit fingerprint information for most pending applications in which biometrics were collected prior to April 27, 2026. In most cases, USCIS will use fingerprints already on file rather than requiring applicants to attend new Application Support Center appointments. Already-scheduled interviews are expected to proceed; however, the issuance of final approvals is largely paused until the new checks are completed.

Continue reading “USCIS Enhanced Security Vetting: New Fingerprint-Based Background Check Process Places many USCIS Applications on Temporary Hold”

May 10, 2026May 13, 2026 by Valentine A. Brown

Federal Court Blocks USCIS’s Hold on Immigration Benefits for Some Applicants from 39-Country List — What You Need to Know

On April 30, 2026, a federal judge in Massachusetts issued a significant ruling that may affect anyone with a pending immigration benefit application in the United States. In Akmurat O. Doe et al. v. Donald J. Trump et al., Judge Julia E. Kobick found that two sweeping USCIS policies — one placing an indefinite hold on benefit applications from nationals of 39 countries and all asylum seekers (set forth in PM 602-0192 and PM 602-0194), and another treating an applicant’s nationality as a “significant negative factor” in discretionary decisions (announced in PA 2025-26) — are likely unlawful. The court ordered USCIS to immediately lift the adjudicative hold for 22 individual applicants who demonstrated concrete harm, and to stop applying the nationality-based negative factor to their adjustment of status and work authorization applications.

The court’s reasoning is just as important as the immediate result. The court concluded that the adjudicative hold violates federal statutes and USCIS’s own regulations, which require the agency to decide applications for naturalization, asylum, adjustment of status, and work authorization within the frameworks Congress established. It also found that USCIS failed to provide a reasoned explanation for the policy and failed to consider the reliance interests of thousands of applicants whose lives have been placed on indefinite hold. And it held that treating nationality as a negative factor in adjustment of status and work authorization cases violates the Immigration and Nationality Act’s prohibition on nationality-based discrimination in visa issuance.

Continue reading “Federal Court Blocks USCIS’s Hold on Immigration Benefits for Some Applicants from 39-Country List — What You Need to Know”

April 1, 2026April 8, 2026 by Valentine A. Brown

FY 2027 H-1B Lottery: Why Consistency Between Registration and Petition Filing Matters More Than Ever

The FY 2027 H-1B lottery is complete, and USCIS has notified selected registrants. If you are an employer preparing to file an H-1B petition for a selected candidate — or a foreign national whose registration was selected — you should be aware of a major change that affects how petitions are evaluated this year. The filing window is now open, and getting it right starts with understanding what must remain consistent from registration through petition filing.

A New System: The Wage-Weighted Lottery

Starting with the FY 2027 cap season, USCIS replaced the traditional random H-1B lottery with a wage-weighted selection process. Under the new final rule (effective February 27, 2026), each registration receives a number of entries based on the offered salary’s corresponding wage level — with higher-paid positions receiving more entries and a greater chance of selection. Because wage and work location now directly determine a candidate’s odds in the lottery, the details an employer provides at registration carry real legal weight.

What Must Stay the Same?

USCIS has stated clearly that the H-1B petition “must contain and be supported by the same identifying information and position information as the selected registration.” In practical terms, this means the following should remain consistent from registration through petition filing:

The offered wage and wage level. The salary and the corresponding OEWS (Occupational Employment and Wage Statistics) wage level used to weight the registration must match what appears on the petition and the certified Labor Condition Application (LCA).
The SOC (occupational) code. The job classification should not change.
The work location. The area of intended employment listed at registration should be the same on the LCA and petition.

Petitioners must also submit evidence — such as a printout from the DOL OFLC Wage Search website — showing the basis for the wage level selected as of the date the registration was submitted.

What Happens if the Wage or Location Changes?

USCIS’s new process integrity provisions give the agency explicit authority to scrutinize mismatches between a registration and the later-filed petition. If USCIS determines that an employer inflated a wage level or listed a particular work location to improve selection odds — and then changed the terms after selection — the petition may be denied or revoked. Even a legitimate business change, such as a corporate relocation, can raise red flags if it results in a lower applicable wage level than what was listed at registration.

Practical Steps for Employers

To reduce risk, employers should:

Preserve registration-date wage documentation. Save a copy of the OFLC wage data for the relevant occupation and location as of the registration date.
Document any legitimate changes. If business circumstances genuinely require a change in wage or worksite between registration and filing, prepare a written explanation with supporting evidence and include it with the petition.
Consult immigration counsel early. An experienced attorney can help assess whether a post-registration change poses compliance risk and advise on the best path forward.

A Note for Selected Foreign Nationals

If you were selected in the FY 2027 lottery, the key takeaway is straightforward: your employer should be filing a petition that reflects the same job, salary, and location used in your registration. This consistency requirement is designed to protect the integrity of the process and does not create a new burden on you as the beneficiary. If your employer’s circumstances have changed, encourage them to work with qualified counsel to address any discrepancies before filing.

Stay Informed

With the lottery now complete, the FY 2027 petition filing window is open as of April 1, 2026, and selected petitioners have at least 90 days to file. For the latest guidance, visit the USCIS H-1B Cap Season page and the H-1B Electronic Registration Process page.

This post is for informational purposes only and does not constitute legal advice. Immigration rules are complex and change frequently. If you have questions about your specific situation, we strongly encourage you to consult a Duane Morris immigration attorney.

February 19, 2025February 19, 2025 by Valentine A. Brown

State Department Announces Worldwide Restrictions on “Drop Box” Interview Waiver Program

Effective immediately, the Department of State has reinstated the pre-pandemic eligibility criteria for the Dropbox program. This change reverts the eligibility window from 48 months back to 12 months and continues to mandate that the renewal be for the same visa category as the prior visa. These changes have significant implications for nonimmigrant visa holders, particularly in countries with existing consular backlogs, as they may lead to increased wait times for visa stamping.

The U.S. Visa Interview Waiver Program, commonly referred to as the “Dropbox” process, was initially designed to streamline the visa renewal process for eligible applicants by allowing them to bypass the in-person interview at U.S. consulates. This program was particularly beneficial during the COVID-19 pandemic, as it helped reduce consular backlogs and minimized in-person interactions. During this period, the Department of State extended the eligibility period from 12 months to 48 months and allowed renewals across different visa categories, thereby expediting visa renewals and minimizing disruptions for international travelers.

February 13, 2025 by Valentine A. Brown

USCIS Announces FY 2026 H-1B Cap Initial Registration Period Opening on March 7

The United States Citizenship and Immigration Services (USCIS) has announced the opening of the initial registration period for the fiscal year (FY) 2026 H-1B cap. This announcement is a significant milestone for employers and foreign professionals seeking to work in the United States under the H-1B visa program. The registration period will commence on March 7, 2025, and will remain open until March 21, 2025.

The H-1B registration process is a critical step for employers wishing to sponsor foreign workers. Employers must first create an online account with USCIS to submit their registrations. During the registration period, employers can submit basic information about the company and each prospective employee. It is important to note that only those with selected registrations will be eligible to file H-1B cap-subject petitions.

October 25, 2024October 25, 2024 by Duane Morris

Federal Jury Finds IT Firm Liable for Discrimination Against Non-Indian, Non-South Asian Workers

On October 4, 2024, a California federal jury found Cognizant Technology Solutions engaged in a pattern or practice of intentional discrimination against a class of non-South Asian and non-Indian employees. Cognizant is a U.S.-based multinational IT consulting company and one of the country’s top users of the H-1B (specialty occupation) visa.

Read the full Alert on the Duane Morris LLP website.

July 30, 2024 by Valentine A. Brown

USCIS to Conduct 2nd H-1B Lottery

On July 30, 2024, USCIS announced that it will be conducting a second H-1B lottery “soon.” We anticipate that this second round will occur on or about August 1. Employers who submitted entries in March 2024 and were not selected in the first round will remain eligible for the second round and will be automatically entered into the second round.

USCIS has confirmed that the Masters Cap has been completely filled, so the second round lottery will be for all remaining applicants , regardless of their degree level or graduation country.

If an entry is selected in the second round, employers will receive an email from their My USCIS account notiftying them that there has been a change in their account. Once they log in, they will be able to see the additional selections and retrieve the offical selection notice from their site. These notices contain important information about where the application should be submitted as well as required deadlines. Continue reading “USCIS to Conduct 2nd H-1B Lottery”

February 22, 2024 by Valentine A. Brown

70% Increase in USCIS Filing Fees for H-1B, L, and O Applications on April 1, 2024

On January 30, 2024, USCIS announced that most immigration application filing fees will increase on April 1, 2024. The increases are significant in amount and unprecedented in their reach, leaving a strong possibility that they will be challenged in court, before they go into effect. Employers filing I-129 Petitions to sponsor H-1B, L, and O workers will be hit especially hard, by a double whammy of increases in Premium Processing from $2500 to $2805 (going into effect on 2/26) and a mandatory $600 Asylum Program fee, (going into effect on 4/1), wmust be submitted with every I-129 form regardless of how many I-129s an employer has submitted for the same employee. Continue reading “70% Increase in USCIS Filing Fees for H-1B, L, and O Applications on April 1, 2024”

February 11, 2024 by Valentine A. Brown

USCIS Premium Processing Fees going up on February 26, 2024

After three years with no increase, Premium Processing fees for all USCIS forms will increase on February 26, 2024. Any Form I-907 requests for premium processing arriving at USCIS on or after that date will need to be submitted with the higher fees. Continue reading “USCIS Premium Processing Fees going up on February 26, 2024”

January 24, 2024May 13, 2026 by M. Alejandra Vargas

New Year, New Opportunities: Trends and Upcoming Developments in Immigration Law

2023 saw the rollout of a litany of administrative, regulatory, and executive updates and changes that touch virtually all aspects of the U.S. immigration system, with the impact of these changes expected to be felt in full force in 2024. Employers who engage in routine visa sponsorship, skilled immigrants with extensive experience in their respective fields, entrepreneurs, and investors all stand to benefit from many if not all of these changes and are well served by familiarizing themselves with these policy and regulatory changes, updated immigration trends, and the new opportunities they present. Continue reading “New Year, New Opportunities: Trends and Upcoming Developments in Immigration Law”