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• H-1B FY 2027: Lottery Completed and Filing Period Now Underway
• Key H-1B & F-1 Risks for Employers
• State Department Expands Visa Bond Pilot Program to Additional Countries
• Advisory Issued on Fraudulent Thailand Digital Arrival Card Websites
• DOL Proposes Major Changes to Prevailing Wage Calculations for H-1B and PERM Programs

H-1B FY 2027: Lottery Completed and Filing Period Now Underway

U.S. Citizenship and Immigration Services (USCIS) has completed the FY 2027 H-1B Cap lottery and issued selection notifications. Employers may begin filing H-1B Cap-subject petitions starting April 1, 2026, during a filing window of at least 90 days.

Employers should immediately confirm selection results through their USCIS online accounts and reconcile selected beneficiaries against internal records. Selection provides eligibility to file, but not approval, making early preparation critical.

 Key immediate actions include:

• Confirm selected beneficiaries and align with internal tracking lists
• Prioritize business-critical roles, F-1 OPT/STEM employees, and those nearing work authorization expiration
• Begin petition preparation now to enable early filing

 USCIS has introduced a new mandatory Form I-129 (edition 02/27/26). Petitions submitted using prior versions will be rejected, making form compliance a threshold issue for all filings.

USCIS is also applying heightened scrutiny in the petition review process. Petitions must align precisely with the information submitted during registration, including:

• Beneficiary name and passport details
• Job title, duties, and work location
• Wage level and compensation

 Employers should include a copy of the passport used at registration and documentation supporting the selected wage level. Even minor inconsistencies may result in denial or revocation. In addition, employers should expect increased scrutiny across key areas such as specialty occupation eligibility, wage level justification, employer-employee relationships, and worksite compliance. This may lead to a higher volume of RFEs, as well as potential site visits or audits.

Certain employers may also face exposure to a $100,000 supplemental fee under current Presidential Proclamation requirements. This should be assessed early, as failure to include the fee where required may result in rejection or denial.

From a workforce planning perspective, employers should prioritize filings strategically and coordinate closely with counsel, particularly for higher-risk cases (e.g., Level 1 wages or third-party placements). For individuals not selected in the lottery, alternative strategies may include:

• Cap-exempt H-1B options (e.g., universities or affiliated nonprofits)
• Alternative visa categories (L-1, O-1, TN, E-3)
• Remote or offshore work arrangements
• Future H-1B cap participation

Given the increased compliance burden and evolving enforcement environment, timely, accurate, and well-documented filings will be critical to avoiding disruptions to hiring and business operations.

Impact: With selections completed, the focus shifts to execution. Employers must ensure petitions are accurate, consistent, and filed on time to avoid rejection or denial. Increased scrutiny and new form requirements elevate compliance risk, making early preparation and thorough documentation essential. Organizations should also evaluate backup strategies for unselected candidates to maintain workforce continuity and minimize disruption.

Key H-1B & F-1 Risks for Employers

Employers sponsoring F-1 students for H-1B in 2026 are operating in a more enforcement-driven environment, where travel, timing, and documentation decisions can directly impact work authorization, onboarding, and overall program cost. The most significant risk continues to be international travel during a pending H-1B change of status. If an employee departs the U.S. while the change of status is pending, that request is deemed abandoned and the case converts to consular processing.

Employer impact:

• Delays in onboarding or return to the U.S.
• Additional cost and administrative burden
• Potential disruption to cap-gap work authorization

As a result, employees should remain in the U.S. from filing through approval whenever possible. Timing is equally critical. To secure cap-gap protection and a valid change of status, the employee must be physically present in the U.S. at filing and still in valid F-1 status. Missteps here can lead to immediate work authorization gaps or require consular processing.

Travel during OPT also presents ongoing risk. Reentry is discretionary and depends on active employment and proper documentation. In addition, time spent abroad may count toward unemployment limits, which can jeopardize status if not carefully tracked.

Key OPT risks:

• Reentry may be denied without proof of employment
• Unemployment limits (90/150 days) may continue during travel

Employers should also plan for heightened scrutiny and delays across the process, including more rigorous inspections at ports of entry and consulates, expanded social media vetting, and longer visa processing timelines.

Key Employer Actions

• Avoid employee travel during pending H-1B change of status cases
• Carefully time H-1B filings to preserve work authorization
• Monitor OPT employment and unemployment limits
• Build contingencies for visa delays and consular processing

Routine decisions, particularly around travel and timing, now carry outsized legal and operational risk. Advance planning and close coordination are essential to avoid disruption.

Impact: Employers should treat H-1B cap season as a high-risk compliance period, where even routine decisions, such as travel or filing timing, can have significant consequences. Proactive coordination between HR, mobility teams, and counsel is essential to avoid work authorization gaps, unexpected costs, and onboarding delays. Strengthening internal processes around tracking status, travel, and documentation will be critical in this heightened enforcement environment.

State Department Expands Visa Bond Pilot Program to Additional Countries

The Department of State has expanded the scope of its Visa Bond Pilot Program, adding 12 new countries effective April 2, 2026. Under this program, certain applicants for B-1/B-2 visitor visas may be required to post a refundable bond ranging from $5,000 to $15,000 as a condition of visa issuance.

The newly added countries include:

Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Papua New Guinea, Nicaragua, Seychelles, and Tunisia.

The Visa Bond Pilot Program allows consular officers to impose bond requirements on a case-by-case basis where there is concern about potential visa overstays. The bond is refunded if the individual complies with the terms of their admission and departs the United States as required.

The program, originally introduced in 2020, has been periodically updated based on Department of Homeland Security overstay data and broader risk assessments.

Impact: Employers and business travelers should be aware that nationals from newly added countries may face additional financial and procedural barriers when applying for B-1/B-2 visas. While the bond requirement is discretionary, it may impact travel planning timelines and costs. Organizations with frequent short-term business travel should proactively assess whether employees could be affected and plan accordingly.

Advisory Issued on Fraudulent Thailand Digital Arrival Card Websites

Government authorities have issued an advisory warning of fraudulent websites impersonating Thailand’s official Digital Arrival Card (TDAC) platform. These sites often charge fees for services that are provided free of charge by the Thai Immigration Bureau and may collect sensitive personal information from unsuspecting travelers.

The TDAC is a mandatory pre-arrival requirement for certain travelers entering Thailand and must be completed within three days prior to arrival. Submission is free when completed through the official government platform.

Key risks associated with fraudulent sites include:

• Unauthorized fees for a free service
• Potential misuse of personal and passport data
• Invalid or improperly submitted arrival documentation

Impact: Employers with employees traveling to Thailand should advise travelers to use only official government websites when completing immigration-related requirements. Increased awareness and internal communication can help mitigate risks related to fraud, data privacy, and travel disruptions.

DOL Proposes Major Changes to Prevailing Wage Calculations for H-1B and PERM Programs

The U.S. Department of Labor (DOL) has issued a proposed rule that would significantly revise how prevailing wages are calculated across several employment-based visa programs, including H-1B, H-1B1, E-3, and PERM.

The proposal would introduce a new methodology based on updated percentile thresholds derived from Bureau of Labor Statistics data. The goal is to better align wages paid to foreign workers with those earned by similarly employed U.S. workers and reduce perceived disparities in wage levels.

Key elements of the proposal include:

• Adjusting prevailing wage levels using statistically based percentiles tied to market data
• Increasing wage floors across multiple skill levels, particularly for entry-level roles
• Applying changes across both temporary and permanent employment-based immigration programs
• Targeting perceived misuse of wage structures in certain visa categories

The rule is expected to impact how employers determine compensation for sponsored roles and may significantly increase required wage levels if finalized. Public comments will be accepted for 60 days following publication in the Federal Register.

Impact: If implemented, this rule could materially increase labor costs and affect eligibility for H-1B and PERM filings, particularly for entry-level and mid-level positions. Employers should begin assessing compensation structures, budgeting for potential wage increases, and preparing to participate in the public comment process. The proposal signals a continued shift toward stricter wage alignment and heightened scrutiny of employment-based visa programs.