Initial H-1B Registration Period for Fiscal Year 2027 is Underway in New Weighted Selection Process
The H-1B cap opened at noon Eastern on March 4 and will run through noon Eastern on March 19, 2026. During this period, prospective H-1B cap-subject petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 H-1B registration fee for each registration.
Effective February 27, 2026, the Department of Homeland Security (DHS) will implement a weighted selection process for the FY 2027 H-1B lottery, replacing the prior random selection system. Under the new approach, a beneficiary will be entered into the lottery according to the highest Occupational Employment and Wage Statistics (OEWS) wage level that the proffered wage exceeds, up to four entries for the highest wage level. In other words, the new rule works by awarding additional entries into the lottery to beneficiaries based on the wage level for the job offered. The higher the proffered wage level of the job offer, the more entries into the lottery are awarded to that beneficiary.
Contact us with questions about the H-1B cap and the registration.
DHS Proposes Changes to Employment Authorization for Asylum Applicants
On February 23, 2026, DHS published a notice of proposed rulemaking to revise employment authorization document (EAD) eligibility for asylum seekers. The proposed rule would pause acceptance of new EAD applications whenever the average affirmative asylum processing times exceed 180 days. It would also extend the waiting period to apply for work authorization to 365 days and modify processing time and eligibility requirements. Public comments on the proposed rule are currently being accepted. We will be reporting on the progress of the proposed rule as it moves through the rulemaking process.
Contact us with questions about EADs and I-9 compliance.
Client Flyer Available on Birthright Citizenship Executive Order
President Trump’s Executive Order, issued on January 20, 2025, but not in effect because it is being challenged in lawsuits, seeks to prevent children born in the U.S. from becoming U.S. citizens if their parents are undocumented immigrants or have temporary status in the U.S. Click here to view a helpful client flyer to inform clients about the Executive Order, its current status, and potential impacts if enacted.
Updates Issued on TPS for Haiti and I-9 Compliance
On February 14, 2026, the E-Verify system issued updates on the impact of the February 2, 2026, court order in Lesly Miot v. Trump, which stayed the termination of Temporary Protected Status (TPS) for Haiti, originally set for February 3, 2026. The updates confirm that TPS Haiti beneficiaries will keep their status and employment authorization, with category A12 and C19 EADs remaining valid and extended. Employers are instructed to note “per court order” in Section 1 of Form I-9; use a March 15, 2026, expiration date in Section 2 (or Supplement B); save the guidance with the employee’s I-9 record; and check for USCIS updates regularly.
Contact us with questions on I-9 compliance.
DHS to Terminate Temporary Protected Status for Yemen
On February 13, 2026, DHS announced the upcoming termination of TPS for Yemen, which will take effect 60 days after publication of the termination notice in the Federal Register.
Updates on TPS Yemen will be included in future newsletters.
Automatic Extensions of EADs Ended for Honduras, Nepal and Nicaragua TPS
On Monday, February 9, 2026, the Ninth Circuit Court of Appeals in National TPS Alliance, et. al v. Noem et. al, granted the government’s request to stay a December 31, 2025, district court order that had continued TPS for 60,000 people from Honduras, Nepal and Nicaragua. The court’s decision effectively allowed DHS to proceed with the termination of the TPS Program for Nepal, Honduras and Nicaragua.
In light of the Ninth Circuit’s Order, as of February 11, 2026, USCIS has updated its TPS webpages for Nepal, Honduras and Nicaragua, terminating the TPS Programs for these countries and ending the automatic extension of work authorization thereunder.
Contact us with questions about TPS and I-9 compliance.
PartnerAbigail Walsh has over 20 years’ experience in a wide range of immigration matters. She represents multinational and domestic corporations, their employees and private individuals in business immigration matters before U.S ...
PartnerVictoria Donoghue has an extensive background in immigration law, advising clients on the full range of issues related to employment-based immigrant and nonimmigrant visas. Her experience includes handling complex Requests for ...
