H-1B Season Opens, EB-1A Shift, Enforcement Updates. Here’s a practical overview of what you should know. 👇

USCIS announced that the FY2027 H-1B cap registration period will open March 4 and close March 19, 2026. Registrations must be filed electronically through USCIS online accounts. The agency also introduced a weighted selection model that gives priority to higher-wage and higher-skill positions. A related presidential proclamation signals that some selected petitioners may face an additional $100,000 H-1B fee before filing.

Employers and representatives must submit one electronic registration per beneficiary and pay the $215 registration fee. Organizational accounts are required for petitioning employers. Selection notices are expected by March 31, 2026, and only selected registrations can move forward to full petition filing. USCIS plans additional system guidance before the window opens.

In Mukherjee v. Miller, a district court ruled that USCIS’s adoption of the Kazarian two-step EB-1A review framework was not properly enacted and conflicts with the Administrative Procedure Act. The decision calls into question the long-used “final merits determination” step. Attorneys are responding by preserving APA arguments and focusing records on statutory EB-1A criteria.

USCIS announced that its screening process helped identify a noncitizen with alleged MS-13 involvement and prior murder confessions, leading to coordination with ICE and an arrest in Virginia. The case has become part of a broader policy discussion about enforcement cooperation between federal and state authorities.

A new interim final rule from EOIR, scheduled for publication February 6, 2026, significantly changes the Board of Immigration Appeals review process.

Going forward, most appeals from Immigration Judge decisions will be summarily dismissed unless a majority of permanent Board members vote to accept the case for review within a short decision window. If not accepted, the appeal is automatically dismissed and the IJ decision becomes the final agency ruling for court review.

Other key procedural changes include:
• Most appeal deadlines reduced from 30 days to 10 days
• Briefing shortened to 20 days with simultaneous filings
• No reply briefs and very limited extensions
• Removal of IJ transcript review at the Board stage
• Updated terminology across several regulations

The rule applies only to future appeals, not those already pending. EOIR has opened a 30-day public comment period after publication.

H-1B prevailing wage determination approved in a current client matter, clearing a key step for the upcoming H-1B petition filing.

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