A recent Thompson Coburn webinar led by immigration attorneys Fatima Khan, Martha Mendez-Fischer, and Mollie Hennessee offered valuable insights into today’s rapidly evolving immigration landscape. As new policies, shifting enforcement priorities, and updated compliance rules continue to reshape workforce planning, employers must remain proactive. The TC team highlighted the most significant developments affecting foreign national employees, as well as key considerations for the upcoming H‑1B lottery season.
What’s Changing—and Why It Matters
Recent changes across U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, the U.S. Department of Labor, and Immigration and Customs Enforcement are creating meaningful impacts on recruiting and retaining foreign talent:
- Travel bans and adjudication holds now affect dozens of countries,
complicating visa issuance and U.S. entry for many foreign nationals of designated countries. - Visa revocations have increased for both F‑1 and H‑1B visa holders, sometimes triggered by minor or incorrect data.
- Interview waivers and third-country visa processing at consulates abroad have been mostly eliminated, resulting in longer visa processing times and more in‑person consular interviews.
Enhanced vetting, including social‑media reviews, is also contributing to extended visa processing times.
- Automatic extensions of employment authorization documents are no longer available for applications filed after October 30, 2025, requiring timely renewals to avoid work authorization gaps.
- Enforcement is increasing, and government agencies are coordinating more closely than ever, including through the Department of Labor’s Project Firewall targeting wage compliance and potential U.S. worker displacement.
The H-1B Lottery: A New Approach
Several changes have also been made to the H-1B petition process. Notably, a New Weighted H‑1B Lottery system will be implemented this H‑1B cap season (FY 2027). Under this new system, USCIS will use a wage‑weighted selection process that favors higher‑skilled and higher‑paid roles. Lottery registrations with higher wage levels will receive additional entries in the lottery, as indicated below.
- Wage Level 1 → 1 entry
- Wage Level 2 → 2 entries
- Wage Level 3 → 3 entries
- Wage Level 4 → 4 entries
The wage level for the registration/lottery entry is based on wage offered to the employee, not the appropriate wage level for the Labor Condition Application (LCA). However, under the new system, the appropriate SOC code and worksite(s) for the position at issue must be identified in the registration, making early wage analysis essential. Changes in the SOC code and/or worksite between lottery registration and filing of the H-1B petition will be closely scrutinized by USCIS and should be avoided absent a documented, essential business need for the change. The H-1B registration fee per applicant this year is $215. The registration period for this year’s H-1B lottery runs from March 4 to March 19. Once the registration window closes, the initial selections process is expected to be completed by March 31st. If selected, employers will have 90 days to submit a complete H-1B application packet with USCIS.
New H-1B Fee
A new $100,000 fee was also issued by Presidential Proclamation for certain H-1B visa holders. Those subject to this fee include individuals outside the U.S. without a valid H-1B visa on the effective date of September 21, 2025 as well as beneficiaries of H-1B petitions seeking consular processing/visa issuance abroad or those whose requests for an amendment, change, or extension of status within the U.S. are denied. The fee should not apply if USCIS approves a change of status to H-1B. There is a National Interest Exception (NIE) for the fee, but the government has indicated that the exceptions will be very rarely granted. There are several lawsuits challenging the lawfulness of this fee, but the fee remains in effect currently.
Five Key Takeaways
1. International Travel: Employers and visa holders should carefully evaluate any international travel that requires visa stamping—particularly for F, H‑1B, and H‑4 categories.
2. Weighted Lottery System: The new weighted H-1B lottery system favors higher-skilled and higher-paid foreign nationals, with more entries for higher wage levels. Employers should expect higher scrutiny of LCAs, job duties, and worksite changes (including remote/hybrid arrangements).
3. $100,000 H-1B Fee: The $100,000 H-1B fee applies to certain petitions filed after September 21, 2025. Employers should assess potential application of this fee as a threshold issue when considering H-1B sponsorship.
4. Careful and Early H-1B Planning: Employers must carefully plan and coordinate with immigration counsel in advance for H-1B registrations, identifying potential registrants, considering job descriptions, salaries, and worksite locations.
5. Increased Enforcement Efforts: Employers should anticipate increased enforcement efforts, including more USCIS site visits, I-9 audits, and investigations through the Department of Labor’s Project Firewall to ensure H-1B wage compliance. Employers should verify that public access files, wage documentation, and I‑9 processes are accurate, up-to-date, and compliant.
View the full webinar here.
