Immigration – Duane Morris Immigration Law

April 1, 2026April 2, 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.

January 15, 2026February 11, 2026 by Duane Morris

Department of State Announces Temporary Pause on Immigration Visas for 75 Countries

By Maxine D. Bayley and Guilherme Massetti

The U.S. Department of State (DOS) has announced a temporary pause on the issuance of immigrant visas for nationals of certain countries as part of a comprehensive review of public charge-related policies and guidance. This action follows recent executive directives emphasizing that intending immigrants must demonstrate financial self-sufficiency and avoid reliance on public benefits in the United States.

Read the full Alert on the Duane Morris LLP website.

October 27, 2025October 27, 2025 by Duane Morris

Is Now the Right Time to Apply for U.S. Citizenship?

By Ted Chiappari, Alejandra Vargas, Isabella Castellón Lebrón and Guilherme Massetti

U.S. Citizenship and Immigration Services (USCIS) has recently issued a series of changes in policy and practice that could make it significantly harder for some people to acquire U.S. citizenship and lengthen the processing times for all applicants. While there have only been isolated anecdotal reports of changes so far in how naturalization interviews are being conducted, we expect more noticeable changes in the coming months. Similarly, on August 19, 2025, USCIS announced updates to its policy manual expanding officers’ discretionary authority for certain immigration benefits requests, directing them to give “significant negative discretionary weight” for “anti-American” ideologies or activities.

Read the full Alert on the Duane Morris website.

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.

September 6, 2024September 16, 2024 by Kristopher Peters

U.S. Immigration Practice 2024: Noteworthy Developments and Possible Changes Ahead

2024 has seen a plethora of developments impacting U.S. immigration. While many developments represent incremental changes to U.S. immigration practice, particularly concerning conventional business and employment-based immigration, more substantial changes to immigration law are only achievable through congressional legislation and, given the current political climate, such congressional action is unlikely. Nonetheless, here are some of the noteworthy developments in 2024 and possible changes in U.S. immigration practice worth watching for the year to come:

1. State Actions/Proposed Actions

- Workplace Enforcement: In August, the Governor of the state of New Jersey signed a law that will levy penalties of up to $10,000 for employers in the state who disclose — or threaten to disclose — a worker’s immigration status to the government to conceal possible violations of state laws on wages, benefits or taxes. The first offense is $1,000, a second violation can be up to $5,000, and subsequent violations can be up to $10,000. The recovered fees would go to the state Department of Labor.

- Pay Transparency: Following a trend in recent years, additional states have implemented or enacted Pay Transparency laws in 2024. States including, but not limited to, Hawaii, Maryland, Massachusetts, and Minnesota enacted or effectuated pay transparency laws requiring certain employers to disclose additional pay information (such as pay ranges, benefits, and other compensation) on job postings and/or other forms of recruitment. Some state pay transparency laws enacting similar rules passed in 2023, like the amendment to the Illinois Equal Pay Act, are also set to go into effect in 2025. As job postings and recruitment are mandated in certain immigration cases, keeping abreast of pay transparency requirements in different locations is crucial to remain compliant with the law.

Continue reading “U.S. Immigration Practice 2024: Noteworthy Developments and Possible Changes Ahead”

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”

July 17, 2024July 30, 2024 by Duane Morris

Business Immigration Planning for 2025

By Ted Chiappari

The Republican and Democratic Parties have both released their draft 2024 party platforms this month. So it’s an opportune time for US businesses currently planning their 2025 hiring, international personnel transfers and global mobility budgets to consider the impact of the major parties’ platforms on business immigration after the election in November.

The Democratic Platform

The draft 2024 Democratic platform identifies four immigration goals, the first two of which are, at least in broad strokes, shared by Republicans:

Secure the border;
Reform the asylum system;
Expand legal immigration;
Support long-term undocumented individuals in order to keep families together.

Acknowledging that “lasting, comprehensive reforms require congressional action,” the draft platform states that President Biden “will push Congress to pass legislation” to achieve these goals. Securing the border was not part of the 2020 platform and is presumably a nod to widespread concern about the integrity of our land borders, in particular, our border with Mexico. The other goals are consistent with the 2020 platform, even if the draft 2024 platform lacks the detail and perhaps some of the ambition of the 2020 platform.

While US businesses would certainly benefit from an expansion of legal immigration, the Biden Administration can’t deliver on that without Congressional action.

The GOP Platform

The 2024 GOP platform explicitly seeks to restrict business immigration in the following ways:

“Protect American Workers,” “Put American Workers First,” and “Hire American.”
In the name of protecting US workers, the 2017-2021 Trump Administration made multiple attempts to issue regulations that, among other things, change how the prevailing wage was calculated in order to increase minimum compensation levels for the H1B and E3 (specialty occupation) temporary work visa and the PERM green card process. It’s reasonable to assume that these efforts would resume in a second Trump Administration.

Continue reading “Business Immigration Planning for 2025”

June 18, 2024June 20, 2024 by Valentine A. Brown

Biden Administration Announces New Programs for DACA holders and Undocumented Spouses of US Citizens

On June 18, 2024 the White House announced two new programs to address long standing shortfalls in our current immigration law.

Undocumented spouses of U.S. Citizens, who have lived in the US for 10 years or more, will be eligible for work authorization and a three year path to legal permanent reisdence, commonly know as green card status. Thier minor children will also be eligible to apply. Under current law, these applicants have a 6-10 year path to legal permanent residence, that requires them to return to thier home countries for visa processing, without any guarantee of being able to return to the United States. This new program will eliminate the need for them to leave the United States to adjust to legal permanent resident status.

Under the new program, applicants will apply for Parole in Place (PIP), which if approved will give them legal recognition in the United States and a work permit. Once the applicant’s PIP is approved, the US citizen spouse will be able to follow the normal sponsorship process to obtain legal permanent residence for their spouse and minor children under 21 years old.

DACA recipients who have graduated with a bachelor degree or higher from a U.S. university or college will be eligible to seek legal permanent residence through employment. Under current law, there is no legal pathway for these applicants to seek employment-based green cards due to the fact that they entered the United States illegally as children. This new program will provide these applicants and their employers the opportunity to seek employment-based green cards with the catch that the applicant will need to leave the United States, at the very end of the process, to attend their green card interview at the U.S. consulate in their home country.

Court Challenge Likely: Unfortunately, an immediate court challenge to these programs is likely. A similar, but different program was proposed by the Obama administration in 2014 for the undocumented parents of U.S. citizen children. Under that program, the adminstration proposed to offer “Deferred Action” to undocumented applicants, similar to the DACA program, which is also now under attack in the courts. That program was held up in the courts for years, without ever being implemented, before the Executive Order proposing it was finally rescinded by the Trump Administration. The new program, with it’s offer of PIP rather than Deferred Action, has a stronger likelihood to succeed, based upon the PIP programs for military family members, Ukrainians, Afghans and others.

American Business Immigration Coalition and many other business groups support this proposal. This coalition is a bipartisan group of more than 1400 diverse businesses and business associations located throughout the United States. For years, it has been advocating for work permits for long-time undocumented immigrants in the United States. As the coalition states, “sensible immigration reform is economically important, politically smart, and morally right.”

For more information or consultation on eligibility, please contact Valentine Brown at (215) 979-1840 or the Duane Morris immigration attorney with whom you normally work.

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”