Federal Court Struck Down the $100,000 H-1B Visa Fee

In a sweeping decision issued from Boston, U.S. District Judge Leo T. Sorokin of the District of Massachusetts struck down the administration's controversial $100,000 supplemental fee on new H-1B visa applications.

For employers relying on high-skilled foreign talent, the ruling is certainly welcoming news.The policy, which would have fundamentally reshaped the economics of American innovation, has been vacated nationwide.

Introduction of the $100,000 fee

To understand the magnitude of this decision, we have to look back to September 19, 2025. Via Presidential Proclamation 10973, the administration introduced a mandatory $100,000 "supplemental payment" on top of standard H-1B filing fees (which typically range between $2,000 and $5,000 depending on company size).

The administration argued that the H-1B program was being abused by companies seeking cheap foreign labor to replace qualified American workers. Such argument lacks merit as employers must pay market wages to H-1B workers, in addition to the filing and legal fees. White House officials also stated that the fee would ensure only the most elite, highly compensated professionals entered the country.

However, the sheer size of the fee—a 20-to-50-fold increase—created an overnight crisis. While massive Silicon Valley firms might have had the deep pockets to absorb some of the cost, the policy was a massive roadblock for smaller startups, regional hospitals, and public education systems. Sponsoring a brilliant data scientist or a specialized pediatric surgeon suddenly came with a six-figure premium.

Court: the $100K fee is a Tax

A coalition of 20 state attorneys general filed suit, claiming the fee would devastate public services, public universities, and research programs. Judge Sorokin agreed, systematically dismantling the administration's legal defense.

The core of the court's ruling centers on a fundamental constitutional principle: the separation of powers. The administration argued that the fee was a lawful exercise of executive authority under Sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), which grants the president broad powers to restrict the entry of foreign nationals if it hurts national interests.

Judge Sorokin rejected this argument, focusing on the true economic nature of the payment. In his decision, he evaluated whether the $100,000 requirement was a regulatory fee, a penalty, or a tax. A valid regulatory fee is designed to cover the administrative costs of processing an application. It is not a regulartory fee because sponsoring a single visa does not cost the government $100,000 to process.

It is also not a penalty as penalties are meant to punish unlawful behavior. Hiring a highly skilled worker through a legally sanctioned federal program is entirely lawful. Because the primary effect of the policy was to raise substantial federal revenue and deter standard commercial conduct, the judge ruled that the payment was fundamentally a tax.

Under the U.S. Constitution, the power to tax belongs exclusively to Congress. The executive branch cannot simply invent a six-figure tax via proclamation. Judge Sorokin explicitly cited a recent Supreme Court precedent from early 2026 (Learning Resources v. Trump), which constrained executive overreach regarding tariff strategies, to reinforce that ambiguous statutory language cannot give the president taxing authority.

Administrative Violations: Bypassing the Rules

Beyond the constitutional tax issue, the court found that the administration violated the Administrative Procedure Act (APA). The policy took effect just two days after it was announced, entirely bypassing the mandatory notice-and-comment rulemaking process.

The court noted that the federal agencies failed to provide a rational explanation or empirical data backing the $100,000 figure, failed to consider less drastic alternatives, and completely ignored the devastating consequences the fee would have on critical public sectors like healthcare and public education. Because the administration lacked a valid emergency or a foreign-affairs justification to skip these standard regulatory steps, the policy was deemed "arbitrary and capricious."

THE LOOMING JUDICIAL SPLIT

For employers, the immediate effects are that they can immediately file new H-1B petitions paying the standard filing fees. While this is a victory for advocates of high-skilled immigration, the legal issue is not entirely settled. White House stated that that the administration would appeal the Massachusetts ruling. The Department of Justice will also likely seek an immediate stay of Judge Sorokin’s decision. If granted, the $100,000 fee could be temporarily reinstated while the appellate court reviews the case.

Late last year, a federal judge in Washington, D.C., reached the exact opposite conclusion in a parallel lawsuit brought by the U.S. Chamber of Commerce and the Association of American Universities. That D.C. judge ruled that the administration did have the executive authority to impose the fee. This sets up a classic judicial split that may ultimately require resolution by the U.S. Supreme Court.

What Next?

Even though the legal issue is not yet settled, at least for now, the $100,000 barrier has been knocked down, and employers have a golden window to submit their H-1B petitions under traditional fee structures.

Navigating immigration compliance in 2026 requires equal parts business strategy and legal agility. Employers should consult closely with immigration counsel to file critical petitions as quickly as possible while this favorable window remains open.

(Immigration laws and policies change regularly.  If you have any questions regarding  this article, please visit www.1visa1.com to schedule a legal consultation.)  

The New USCIS Memo on Adjustment of Status is Tough, But the Sky Isn’t Falling

If you have been scrolling through your social media feeds or checking immigration forums over the last 48 hours, you have likely seen some terrifying headlines. Bulletins flashing warnings that “Immigrants can no longer apply for Green Cards inside the United States!” and “DHS demands all applicants depart for consular processing!” have sent shockwaves through immigrant communities.

It sounds like a door slamming shut. But before you let anxiety take over, pack your bags, or book a one-way flight out of the country, let’s separate the sensational headlines from reality.

The Headline vs. The Reality: It’s Not a Ban

Yes, the Department of Homeland Security (DHS) has issued a major new Policy Memorandum (PM-602-0199). It heavily reframes the Adjustment of Status (AOS) process—the mechanism by which you apply for a Green Card via Adjustment of Status from within the U.S. 

The memo declares that Adjustment of Status is not an automatic legal entitlement. Instead, it defines AOS as an "extraordinary relief" and a matter of "administrative grace" designed to bypass the traditional route of traveling to a U.S. consulate abroad.

While the memo aggressively funnels and encourages applicants toward consular processing to free up USCIS resources, it does not ban Adjustment of Status. The Form I-485 is still very much alive. You are still allowed to file it, and eligible applicants will still be approved. What has changed, however, is how hard you and your legal counsel will have to work to secure that approval.

The Balancing Act: The "Totality of Circumstances" and Discretion

For many immigration benefits, meeting the basic statutory rules (like having an approved underlying petition or entering the country legally) is just step one. Step two has always been "discretion"—the power of a USCIS officer to decide whether you “deserve” the benefit.

Historically, if you met the basic criteria and had a clean record, discretion was granted almost automatically. This new memo flips that script. USCIS officers are now instructed to apply materially heightened scrutiny and weigh the "totality of the circumstances" before granting this "administrative grace."

To win a favorable exercise of discretion, your positive life factors must clearly outweigh any negative ones. Based on the discretionary factors that USCIS reviews, officers will heavily scrutinize the following:

Negative Discretionary Factors (Red Flags):

Immigration Violations: Any unauthorized employment, overstaying a visa, or failing to maintain strict lawful nonimmigrant status.

Preconceived Intent: Entering the U.S. on a temporary, non-immigrant visa (like a tourist B-1/B-2 or student F-1) with the hidden, premeditated intent to stay permanently and adjust status.

Conduct Inconsistent with Status:  Engaging in behavior that contravenes the purpose of your temporary stay or parole.

Misrepresentation: Any prior instances of fraud, false testimony, or misleading statements made to government agencies.

Positive Discretionary Factors (Green Flags):

Family Ties: Strong, deeply rooted family connections in the United States, especially to U.S. citizen or Lawful Permanent Resident (LPR) relatives. 

 Length of Residence: Long-term, stable, and lawful residence in the United States.

 Community and Character: Evidence of good moral character, active community involvement, steady employment history, and paying taxes.

 Hardship: Serious medical conditions or severe humanitarian factors affecting you or your close family members if you were forced to depart.

What to Expect: The Rise of RFEs, NOIDs, and Denials

The immediate cultural shift at USCIS will mean that "checklist approvals" are a thing of the past. Moving forward, applicants should prepare for a much more adversarial adjudication process.

You should expect a significant rise in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) specifically targeting discretionary issues. Officers will use these tools to challenge your intent or question minor status discrepancies from years ago. If an applicant cannot convincingly show why they deserve an exception to the "ordinary" consular process, officers now have a clear green light from leadership to issue outright denials  

Front-Loading Your Defense: Why Legal Counsel is Mandatory

Because the standard of scrutiny is now so high, you cannot afford to submit a bare-bones application. You must be proactive.

Working with an experienced immigration attorney is no longer optional; it is a necessity. Together with your legal counsel, you must "front-load" your Form I-485. This means submitting a robust package of evidence from day one that highlights your positive factors and actively rehabilitates or overcomes any negative factors in your history.

If you have a past status violation or an unauthorized work incident, your attorney will need to craft a compelling legal argument showing that your positive equities (like your U.S. citizen children, your spotless criminal record, or your vital role in your local community) heavily outweigh the negative.

Stay Calm: Big Unanswered Questions Remain

The most important takeaway right now is to remain calm. Panic leads to rushed, unadvised decisions that can permanently damage your immigration path. Remember, for those who have maintained flawless lawful status, have a clean record, and hold dual-intent visas (like H-1B or L-1), the impact of this memo is expected to be minimal.

Furthermore, this memo raises massive legal questions that the American Immigration Lawyers Association (AILA) and various advocacy groups are already preparing to fight.

Are there exceptions? The memo explicitly hints that DHS may provide further "policy guidance specific to certain adjustment of status categories or discrete populations." We do not yet know who will be carved out or protected.

Is this even legal? Expect immediate federal lawsuits challenging the legality of this policy. Bypassing Congress to effectively rewrite how Section 245 of the Immigration and Nationality Act (INA) is applied will face severe pushback in the courts.

What about retroactive application? Can USCIS apply this tougher standard to the hundreds of thousands of applications already pending in the backlog? Retroactive enforcement of restrictive policy shifts is highly susceptible to legal injunctions.

The Bottom Line:  The road to a Green Card inside the United States just got steeper and narrower, but the road is not closed. Take a deep breath, steer clear of panic, and schedule a consultation with a qualified immigration attorney to ensure your case is built to ride out this new wave of scrutiny.

(Immigration laws and policies change regularly.  If you have any questions regarding  this article, please visit www.1visa1.com to schedule a legal consultation.)  

June 2026 Visa Bulletin: India EB-1 &EB-2 Retrogression

In June, the cut-off dates for family-based categories advance slightly across most countries

In the employment-based categories, due to high demand and increased consumption of available visa numbers, India EB-1 retrogresses by 3.5 months, and EB-2 retrogresses by approximately 10 months. The Department of State indicates that further retrogressions or that categories may become unavailable in the coming months if India’s per-country cap limits are reached before the end of the fiscal year.

EB-3 India and China advance slightly, but further adjustments may also be made depending on visa number usage.

In June, USCIS will accept family-sponsored adjustment of status applications based on the Filing Dates chart, and employment-based adjustment of status applications based on the Final Action Dates chart.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family	Other	China	India	Mexico	Philippines
F1	A:09/01/17 F:10/01/18	A:09/01/17 F:10/01/18	A:09/01/17 F:10/01/18	A:11/08/07 F:10/01/08	A:05/01/13 F:04/22/15
F2A	A:01/01/25 F:Current	A:01/01/25 F:Current	A:01/01/25 F:Current	A:01/01/24 F:Current	A:01/01/25 F:Current
F2B	A:09/22/17 F:03/22/18	A:09/22/17 F:03/22/18	A:09/22/17 F:03/22/18	A:02/15/09 F:05/15/10	A:04/08/13 F:10/01/13
F3	A:02/15/12 F:12/08/12	A:02/15/12 F:12/08/12	A:02/15/12 F:12/08/12	A:05/01/01 F:07/15/01	A:11/22/05 F:08/08/06
F4	A:11/08/08 F:12/22/09	A:11/08/08 F:12/22/09	A:11/01/06 F:12/15/06	A:04/08/01 F:04/30/01	A:07/15/07 F:03/22/08

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).

2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment	All Others	China	India	Mexico	Philippines
EB-1	A:Current F:Current	A:04/01/23 F:12/01/23	A:12/15/22 F:12/01/23	A:Current F:Current	A:Current F:Current
EB-2	A:Current F:Current	A:09/01/21 F:01/01/22	A:09/01/13 F:01/15/15	A:Current F:Current	A:Current F:Current
EB-3	A:06/01/24 F:Current	A:08/01/21 F:01/01/22	A:12/15/13 F:01/15/15	A:06/01/24 F:Current	A:08/01/23 F:01/01/24
Other Workers	A: 02/01/22 F: 08/01/22	A:04/01/19 F: 10/01/19	A: 12/15/13 F:01/15/15	A: 02/01/22 F: 08/01/22	A: 11/01/21 F: 08/01/22
EB-4	A:07/15/22 F:01/01/23	A:07/15/22 F:01/01/23	A:07/15/22 F:01/01/23	A:07/15/22 F:01/01/23	A:07/15/22 F:01/01/23
EB-5	A:Current F:Current	A:09/22/16 F:03/01/17	A:05/01/22 F:05/01/24	A:Current F:Current	A:Current F:Current

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

4th: “Special Immigrants” (Religious & others)

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The Future of OPT: Are Sweeping Restrictions Throwing the Baby Out with the Bathwater?

For decades, the Optional Practical Training (OPT) program has served as the vital launchpad for international students transitioning from U.S. universities to the global workforce. However, the program currently stands at a critical crossroads. Recent high-profile federal crackdowns on fraudulent staffing consultancies and shell companies have provided policymakers with potent justification to push for a broader, more restrictive overhaul of the entire F-1 employment sytem.

While rooting out bad actors and upholding program integrity are important, the regulatory response signals a sweeping shift in how the U.S. manages international student labor. The overarching trend points toward a future of heightened scrutiny and restriction.

The Shifting Policy Landscape

Historically defined by its academic flexibility, the F-1 visa is increasingly being targeted for structural containment. Immigration officials have proposed to replace the flexible "duration of status" framework with rigid, fixed-term admission limits, alongside proposals to aggressively compress post-graduation grace periods.

Concurrently, critics on Capitol Hill frequently introduce measures aimed at scaling back or entirely sunsetting the OPT pathway. They frame the program as an uncapped backdoor labor pipeline that bypasses standard H-1B visa quotas. The overarching trajectory is unmistakable: a movement away from seamless post-study integration toward heavily monitored, short-term conditional stays.

Corporate America Pushes Back: Striving for Innovation

This tightening trend has triggered fierce resistance from the program's actual primary end-users: American mega-tech corporations and global financial institutions. Industry powerhouses like Amazon, Google, Microsoft, and major Wall Street firms rely heavily on the OPT and STEM OPT pipelines to source elite technical and analytical talent.

Unified corporate leaders argue that aggressive restrictions are economically self-sabotaging. As global competitors like Canada, Australia, and the UK actively liberalize their own post-study work visas to attract high-skilled graduates, American enterprises warn that squeezing the OPT pipeline does not protect domestic jobs—it simply offshores top-tier talent and innovation to rival economies.

The debate over the future of OPT requires an evaluation of what the nation stands to lose if policy overcorrects.  The current system already has safeguards in place, including I-9 employment eligibility compliance, mandatory E-Verify usage, heightened university reporting requirements, and site visits. By carefully enforcing the current requirements, the government has already uncovered fraud and caught many bad actors. 

OPT is fundamentally an engine of American competitiveness. Multi-billion-dollar enterprises like Sun Microsystems (co-founded by Andy Bechtolsheim) and internet infrastructure giant Cloudflare (co-founded by Michelle Zatlyn) were built by former international students who leveraged their F-1 pathways to found companies domestically rather than taking their expertise abroad. It is unwise to close the door on talented foreign students.

Looking Ahead

The future of the OPT program will almost certainly be defined by a much higher barrier to entry. Rigorous compliance, unannounced employer site visits, and intense vetting are the permanent new normal.

Yet, as regulatory authorities seek to fortify the system, they face a delicate balancing act. Using legitimate compliance concerns as justification to dismantle the primary pathway for global talent raises a critical question: are we throwing the baby out with the bathwater? Sacrificing the next generation of global innovators to close administrative loopholes risks dealing a lasting blow to American technological dominance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Nationwide ICE Crackdown on OPT Employment Fraud

For tens of thousands of international graduates on F-1 visas, the Optional Practical Training (OPT) program serves as a vital bridge from U.S. higher education to professional careers and potential H-1B sponsorship. However, federal authorities have announced a major nationwide crackdown on systemic abuse within the system. In a sharply worded press briefing, Acting Director of U.S. Immigration and Customs Enforcement (ICE) Todd M. Lyons labeled the OPT program a "magnet for fraud," revealing that investigators have flagged over 10,000 foreign students linked to highly suspect employers.

The Scale of the Investigation

According to ICE and Homeland Security Investigations (HSI), the 10,000 identified students are connected to just the top 25 OPT employers currently under review, suggesting these initial findings represent merely the "tip of the iceberg." On the other hand, ICE data shows that the top OPT employers in 2024 were mega firms such as Google, Meta, Apple, Walmart, Goldman Sachs, etc., suggesting that fraud may just be perpetrated by a by a small number of bad apples.  

Shell Companies and Phantom Workers

Federal agents launched coordinated, unannounced site visits across several states, including Texas, Virginia, Georgia, Illinois, New York, New Jersey, North Carolina, and Florida—including 18 worksite inspections in North Texas in a single week. They uncovered egregious compliance failures and organized operations designed to circumvent immigration laws such as empty buildings and locked doors. They also found discrepancies in the number OPT workers sponsored. 

Further, site staff were often unable to answer basic operational questions and referred investigators to HR personnel based in India. Agents also discovered instances where OPT participants were being supervised remotely from India—a direct violation of federal guidelines requiring U.S.-based oversight. Perhaps the most egregious violations is the establishment of networks of shell companies established by single operators sharing identical websites and job postings. These setups frequently facilitated illicit financial flows and "pay-to-stay" schemes, where students paid fraudulent staffing consultancies under the table to generate fake documentation and unlawfully maintain active visa status.

High Stakes for Students and Legitimate Employers

The crackdown carries severe ramifications, particularly for Indian nationals who make up the largest demographic cohort of OPT and STEM OPT participants. Because federal authorities are aggressively cross-referencing employment histories, students who associate with blacklisted or fraudulent consultancies face grave long-term risks. Consequences include immediate status termination, visa cancellation, detention, and deportation—even years later after an individual has successfully transitioned to an H-1B visa.

Legitimate employers utilizing the STEM OPT program also face a much higher bar for compliance. Companies must be prepared for rigorous, unannounced site visits by ensuring strict adherence to E-Verify rules, maintaining up-to-date Form I-983 training plans, and guaranteeing direct, bona fide training relationships rather than farming out labor to unverified third-party client sites.

Tough Road Ahead

As immigration authorities signal that further enforcement actions and criminal prosecutions are forthcoming, the landscape for international student employment has fundamentally shifted. For F-1 students, conducting thorough due diligence to avoid illegitimate body shops and staffing consultancies is no longer just a best practice—it is an absolute necessity to safeguard their legal standing and future careers.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Government to Revoke U.S. Passport for Child Support Debt

If you fail to pay child support, you may lose your U.S. Passport. The Department of State has the legal authority to deny or revoke the passport of any citizen—native-born or naturalized— under specific circumstances. As of May 8, 2026, the federal government has officially begun proactively revoking the existing passports of individuals with significant unpaid child support debt.

The Shift: From Renewal Holds to Proactive Revocations

Under federal legislation established in 1996, the government has long held the authority to restrict passport services for parents certified by the Department of Health and Human Services (HHS) as owing more than $2,500 in court-ordered child support. Historically, this rule was passively enforced: individuals typically only discovered the restriction when they applied for a new passport or attempted to renew an expiring one.

The critical update is that federal authorities are now executing proactive revocations of valid, unexpired passports. The initial phase of this crackdown targets parents owing $100,000 or more in overdue support. However, officials have confirmed that enforcement will soon expand to systematically cover parents who exceed the standard $2,500 arrearage threshold. If your account is flagged, the State Department will issue a formal notice by mail or email declaring your document void for international travel.

Unique Impacts on the Immigrant Community

For naturalized citizens and dual passport holders, the sudden loss of a U.S. passport carries acute risks. Because immigrant families frequently travel back to their home countries, unexpected travel restrictions can lead to severe personal and professional disruptions.

Crucially, if your passport is revoked while you are already traveling outside the United States, your document will be flagged at the airport, and you will be barred from boarding your return flight. To get home, you must visit the nearest U.S. embassy or consulate to apply for a limited-validity emergency passport. This restricted document only permits direct return travel to the U.S. Standard passport privileges will remain fully suspended until the underlying debt is resolved.

How to Avoid Revocation of Passport

If you owe back child support or have an unresolved administrative dispute regarding your payment history, you should take immediate action to protect your international travel rights. Do not wait for a revocation letter. Reach out directly to the state child support enforcement office handling your case to verify your official balance.

Resolving your debt does not always require an immediate lump-sum payoff. Establishing a formal, recognized repayment agreement with state authorities can often prevent your file from being certified for passport denial

Paying off your arrears does not instantly reactivate your passport. Once your payment clears, the state agency must update HHS records, which subsequently notifies the State Department. Authorities advise that this clearing process typically takes two to three weeks.

Conclusion

Maintaining your ability to travel freely internationally is vital to keeping your global family ties strong. By staying proactive, verifying your records with state enforcement agencies, and keeping child support obligations current, you can secure your U.S. passport and ensure your international mobility remains uninterrupted.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

BIA Ruling: DACA Status No Longer Shield Against Removal Proceedings

In a published decision issued on April 24, 2026, the Board of Immigration Appeals (BIA) held that foreign nationals who have been granted deferred action like DACA and Deferred Enforced Departure (DED) can still be ordered removed from the United States.

The case, Matter of Catalina SANTIAGO-SANTIAGO, 29 I&N Dec. 589, involved a high-profile activist and DACA recipient whose removal case was initially terminated by an Immigration Judge. The BIA reversed that decision, ruling that while judges have the authority to end cases for those with deferred action, they must weigh Department of Homeland Security (DHS) opposition and other discretionary factors.

No "Automatic" Termination Based on Deferred Action

The BIA’s logic hinges on 8 C.F.R. § 1003.18(d)(1)(ii), a regulation codified in 2024 that categorizes termination for deferred action beneficiaries as "discretionary." The Board held that DACA is an administrative "promise" not to deport, rather than a legal status that overrides the government’s right to pursue a final order of removal.

For DACA recipients, this means that they can now be forced to undergo a full trial and receive a deportation order that stays dormant until their DACA expires or is revoked.

Impact on DED and Hong Kong Residents

The ramifications of Santiago-Santiago extend directly to those under Deferred Enforced Departure (DED), including thousands of Hong Kong residents currently protected by presidential decree. Because DED is governed by the same regulatory framework as DACA, these individuals now face the same legal vulnerability.

If a Hong Kong resident is in removal proceedings, an Immigration Judge can no longer simply close the case based on their DED status. Instead, the government can move forward to secure a removal order, ensuring that the moment the humanitarian "safe haven" of DED lapses, the individual can be deported immediately without further litigation.

Other Relief from Deportation

This BIA decision means that administrative statuses such as DACA, DED, and TPS can no longer automatically pause removal proceedings. The Board emphasizes that DHS has a strong interest in bringing removal proceedings to a conclusion on the merits; the ruling represents a balance between the government’s interests and the foreign national’s legal rights. It is noteworthy that while Catalina is married to a U.S. citizen, they had not yet filed an immigrant visa petition at the time of the hearing. If she had an approved immigrant visa petition based on her marriage, she would have had a much stronger argument for termination in court.  

This ruling underscores a shift in 2026 toward treating administrative deferred action as a temporary pause, rather than a permanent legal shield against deportation.  DACA and other deferred action recipients should actively seek alternatives to legalize their stay in the United States.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New ICE Guidance with Heightened Consequences for Form I-9 Compliance

 

U.S. Immigration and Customs Enforcement (ICE) has recently updated its Form I-9 inspection fact sheet, signaling a major shift in how the agency penalizes paperwork errors. For nearly thirty years, employers operated under a stable framework that distinguished between "technical" errors, which could be corrected without penalty, and "substantive" violations, which triggered immediate fines.

The revised guidance significantly narrows that window for correction, reclassifying several common errors as immediate substantive violations.

From "Correctable" to "Costly": What has Changed?

Historically, if an employer accidentally omitted a document number or expiration date in Section 2, it was often treated as a technical error—provided a legible copy of that document was kept on file. Under the new March 16, 2026 guidance, these omissions are now substantive violations subject to immediate monetary penalties, regardless of whether a copy of the document exists.

The reclassifications span several parts of the form:

• Section 1 Errors: Common mistakes like missing dates of birth or missing employee signature dates have moved from technical to substantive.

• Section 2 & 3 Omissions: Missing the "date of hire" or the title of the authorized representative is no longer a simple fix; these are now flagged as substantive.

• Remote & Digital Process Failures: ICE is placing a heavier emphasis on process-based violations. This includes using the Spanish-language Form I-9 outside of Puerto Rico or failing to follow the strict "alternative procedure" requirements for remote document examination, such as being an active E-Verify participant.

While some new categories were introduced as technical violations—such as failing to record an employee's "other last names used"—the overall trend suggests a much more aggressive penalty landscape for employers.

Employers Should Audit their Legacy I-9s 

The sudden nature of these changes means that employers are not given fair notice before implementation. Substantive shifts in enforcement policy typically require formal rulemaking or binding guidance. Overhauling a penalty framework through a fact sheet may not be legally sufficient notice. Congress created the law relating to I-9 civil violations with a "good faith" framework designed to protect employers from being penalized for minor clerical errors.

Despite the heightened risk, the importance of "good faith" remediation has not diminished. Identifying and addressing errors before an official inspection occurs remains a vital defense strategy. Employers should revisit their internal audit protocols immediately, as violations can trigger substantial civil fines. This includes reviewing legacy I-9 forms in light of the new guidance and ensuring that any remote verification systems or electronic I-9 software are fully aligned with the latest regulatory requirements. Because a five-year statute of limitations typically applies to paperwork violations , the risk of errors in legacy Forms I-9 remains a critical concern for employers under the newly heightened enforcement standards.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Completes FY 2027 H-1B Initial Selection: The Dawn of the Wage-Weighted Lottery

 

The wait is finally over for thousands of prospective employers and foreign national professionals. USCIS has officially announced that it has successfully completed both the regular and advanced-degree lotteries, meeting the annual quota of 85,000 H-1B cap beneficiaries (65,000 standard cap and 20,000 master's cap). All selected registrations should have been updated in the employer's online account.

Although USCIS has not yet published the official registration statistics for this year, the FY 2027 lottery represents a seismic shift in U.S. immigration policy. Based on early predictive modeling, the estimated probabilities of selection for the regular cap are approximately 10–15% for Level 1, 25–30% for Level 2, 50–55% for Level 3, and 70–80% for Level 4. For the master's cap, the projected selection rates are significantly higher, sitting at roughly 20–25% for Level 1, 40–50% for Level 2, 65–75% for Level 3, and an impressive 85–95% for Level 4.  

This year, our firm achieved an overall selection rate of 43%, with the majority of our registrations falling under the master's cap. The breakdown by wage level is: Level 1: 23%; Level 2: 50%; Level 3: 100%; and Level 4: 33%. Surprisingly, we had three Level 4 registrations that were not selected. However, since our sample is statistically small, we cannot draw any meaningful interpretations from it.

                             

What Happens Next for Selected Beneficiaries?

If you or your prospective employee were selected, employers must log into their myUSCIS accounts to view the selection notices. Beneficiaries cannot check their status independently; notifications go directly to the employers or their immigration attorneys.

For selected beneficiaries, the H-1B petition filing window is officially open from April 1, 2026, through June 30, 2026. Preparers will face new administrative hurdles this year, as USCIS has mandated the use of a new Form I-129 (edition date 02/27/26) which requires expanded wage data. It is critical that the full petition contains the exact same identifying information, position details, and valid passport or travel document submitted during the initial registration. Because USCIS has explicitly stated it will scrutinize petitions for any mismatches, employers and legal practitioners should brace for an increased volume of audits, site visits, and formal Requests for Evidence (RFEs).

Second Lottery?

Some candidates still harbor hopes for a second draw in the summer.  It is important to note that a second lottery is not guaranteed.  For example, there was none last year.  A second lottery may be unlikely this year due to several reasons.  For one,  a higher percentage of the selectees are at level 3 and 4 wage. Because these selections are tied to highly paid, concrete roles with committed corporate budgets, employers are far less likely to abandon the petition after selection. This lower "drop-off" rate means USCIS is more likely to hit its 85,000 quota on the first try.  Further, USCIS usually selects a surplus of registrations because it already anticipates that some employers will decide not to file, candidates will decline job offers, or petitions will be rejected for technical reasons. Finally, the "beneficiary-centric" rule implemented by the agency also drastically reduced duplicate registrations and fraud, creating a much cleaner applicant pool.

For individuals who were not selected in this year's lottery, it is critical to have alternative immigration strategies in place. As we always advise our clients, proactive planning is the key to a successful U.S. immigration journey.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)