On Dec. 29, 2025, the Federal Register published a final rule titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap‑Subject H-1B Petitions,” announcing a major transformation of how U.S. Citizenship and Immigration Services (USCIS) allocates H‑1B visas under the annual cap when random selection is required. Random selection is only implemented when USCIS receives more registrations (or petitions) than it projects to meet the numerical allocations. This final rule becomes effective on Feb. 27, 2026 and will be in effect for the upcoming fiscal year 2027 registration process.

Previously, USCIS conducted a random beneficiary-centric lottery whereby each unique beneficiary was entered once toward the random selection, regardless of how many registrations were submitted for that individual. Now, the H‑1B random selection process will operate on a weighted, wage-tiered system based on the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) wage levels (I–IV). During the electronic registration process, employers must now provide the highest OEWS wage level that the offered salary meets or exceeds, along with job location and Standard Occupational Classification (SOC) code. Under the new rule, H-1B beneficiary selection odds will depend on the wage level:

Wage Level# of EntriesUSCIS’ Estimated Selection OddsUSCIS’ Estimated Change in Odds
Level 1115.29%-48%
Level II230.58%+3%
Level III345.87%+55%
Level IV461.16%+107%

As with the prior method, each beneficiary will be counted once toward the numerical allocation projections, regardless of the number of registrations submitted on their behalf. If there are multiple registrations for a unique beneficiary, that beneficiary will be entered into the selection pool using the lowest wage level of all registrations submitted on their behalf. USCIS will continue its two-stage selection process – the first run of the lottery will select from a pool of all unique beneficiaries to meet the regular cap (65,000 visas), including beneficiaries who are eligible for the advanced degree cap. USCIS will then select from the remaining unique beneficiaries a sufficient number needed to reach the advanced degree cap (20,000 visas). This method provides beneficiaries with a qualifying U.S. master’s degree or higher a greater chance of selection.

This new weighted approach increases the odds that H-1B beneficiaries with higher wage levels will be selected, and for the first time, incentivizes higher salaries and skill levels, aiming to better align the H‑1B allocation with Congressional intent to protect U.S. workers and elevate the program’s integrity. While not excluding entry-level positions, the new framework clearly boosts prospects for higher-wage roles, reshaping H-1B beneficiary selection odds starting with FY 2027.

Please reach out to our immigration counsel if you have any questions or require any assistance.

If you hold a U.S. visa, you might assume that once it is issued, you are in the clear. However, the Department of State can revoke a visa after issuance under a process called prudential visa revocation. This often surprises travelers, so here is what you need to know.

What is prudential visa revocation?

A prudential visa revocation is a cancellation of a U.S. visa by the Department of State when new information surfaces suggesting the visa holder might be ineligible for the visa or poses a security or public safety concern. It does not automatically affect your lawful status inside the U.S. if you are already admitted and complying with the terms of your visa; however, if you travel overseas, you will need to obtain a new visa to return to the U.S. As a reminder, a visa is a document that is affixed in a passport that allows you to travel to a U.S. port of entry and seek admission. At the port of entry, a U.S. Customs and Border Protection officer inspects you for admission into the U.S. and, if you are admitted, you are granted lawful status to remain in the U.S., as reflected by the Form I-94 Arrival/Departure record.

Why does a prudential visa revocation happen?

Common triggers for the Department of State to cancel a visa include:

  • New derogatory information, such as security alerts or watchlist hits
  • Criminal arrests or charges, especially DUI/DWIs
  • Fraud or misrepresentation discovered after issuance
  • Loss of eligibility for your visa category, such as job termination for H‑1B holders
  • National security or public safety concerns flagged during continuous vetting

What does it mean for you?

If you are inside the U.S., you can usually stay until your I‑94 expires, provided you maintain your nonimmigrant status. If you leave the U.S., you cannot re-enter with the revoked visa. You will need to apply for a new visa. Note that judicial review of a prudential visa revocation is extremely limited, preventing most cases from being appealed in court. Although it is uncommon, U.S. Immigration and Customs Enforcement may initiate removal proceedings once a visa is revoked.

How will I know if my visa has been revoked?

Although notice of the revocation is not an absolute requirement under the law, individuals whose visas have been revoked are typically notified by the Department of State. Individuals typically find out their visa has been prudentially revoked via one of these methods:

  • Official Email or Letter: The Department of State or the consular post sends a revocation notice to the email address you used in your DS-160 application. The notice usually cites INA §221(i) and explains that your visa has been revoked as a precaution.
  • Airline or Port of Entry Denial: If you try to travel to the U.S., the airline may refuse boarding because the visa shows as revoked in the system. CBP officers at the port of entry will also deny admission if the visa has been revoked.
  • CEAC Status Update: The Consular Electronic Application Center (CEAC) may show your visa status as “Revoked.” This is not always immediate, so checking CEAC regularly is helpful.
  • Notification from Employer or School: For work or student visas, sometimes the employer or school receives a notice if the revocation relates to your eligibility.

It is important to note that there is no automatic alert. Therefore, it is vital for each individual to monitor their email and CEAC status. If you suspect an issue, such as an arrest or security check, contact an immigration attorney before traveling.

On Dec. 16, 2025, President Trump signed a Proclamation expanding the June 4, 2025 travel restrictions to the United States. The Proclamation continues to fully ban the entry of nationals from the original 12 countries under the June 4, 2025 Proclamation and add seven additional countries to that list as well as individuals holding Palestinian-Authority-issued travel documents. Partial restrictions and entry limitations on 15 additional countries were also added in the December 2025 Proclamation. Nationals of Laos and Sierra Leone who had been subject to a partial entry ban are now fully banned under the Dec. 16, 2025 Proclamation and entry of nationals from Turkmenistan who plan to travel to the United States on B-1, B-2, B-1/B-2, F, M and J nonimmigrant visas are no longer banned. Nationals from designated countries who are planning to travel outside of the United States should carefully evaluate their situation and consult with an experienced immigration attorney to address travel-related concerns.

Continue Reading U.S. expands travel restrictions: What you need to know

The Federal Trade Commission’s decision in September 2025 to abandon its defense of the Non-Compete Rule—while simultaneously pursuing targeted enforcement actions against specific employers—raises fundamental questions about the boundaries of executive constitutional judgment and administrative law. This analysis examines whether the FTC’s approach represents a legitimate exercise of the executive branch’s authority to decline defense of unconstitutional regulations, or an impermissible attempt to circumvent the procedural requirements that Motor Vehicle Manufacturers Association v. State Farm imposes on agency policy reversals. The distinction matters: if agencies can effectively rescind regulations by declaring them constitutionally indefensible and abandoning their defense, it would create a concerning loophole in the Administrative Procedure Act’s requirement for reasoned decision-making and public participation in regulatory changes.

Continue Reading Regulation by capitulation: The tension between the FTC abandoning its defense of the Non-Compete Rule and the administrative law requirements for rescinding rules

On Oct. 20, 2025, the U.S. Citizenship and Immigration Services provided additional information regarding implementation of the Restriction on Entry of Certain Nonimmigrant Workers Proclamation. The Guidance addresses which H-1B petitions are subject to the Proclamation, how and when to pay the fee and information on requesting an exception to the fee.

Continue Reading What employers need to know about USCIS guidance implementing the $100,000 H-1B petition fee

On Sept. 19, 2025, President Donald J. Trump issued a Proclamation significantly restricting the entry of certain H-1B nonimmigrant workers. As details about the impact of the Proclamation will continue to emerge over the coming days, our current understanding is that it does not affect beneficiaries of approved petitions or those who are in possession of valid H-1B nonimmigrant visas. We understand that the ability of current H-1B visa holders to leave the United States and re-enter is not affected. According to current White House information, the entry restriction will first be applied to beneficiaries who are the recipients of H-1B cap numbers after the next lottery cycle in 2026. Our understanding of the Proclamation will continue to evolve as more detail is shared about its impact and intent, so we encourage you to regularly check back here for updates and clarifications.

Legal challenges are expected, particularly regarding the payment requirement and its consistency with existing immigration law and precedent. We will continue to monitor developments and provide updates as more guidance becomes available. Key aspects of the Proclamation include:

$100,000 payment requirement

  • All H-1B petitions (Form I-129) filed on behalf of foreign nationals outside the United States now must include a payment of $100,000.
  • This is a mandatory prerequisite for petition approval, visa approval, and entry under the H-1B classification.

Limited exceptions

  • Exceptions may be made by the Secretary of Homeland Security for certain individuals, companies, or industries, if the Secretary deems that the hiring of these employees is deemed in the national interest and not detrimental to the economic or security interests of the United States.

Enforcement and compliance

  • Employers must pay the $100,000 prior to filing an H-1B petition on behalf of a foreign national who is outside the United States, and employers must retain records of the payment.
  • U.S. embassies, consulates, and ports of entry will verify payment prior to issuing visas and permitting entry of H-1B nonimmigrants.
  • The Departments of Homeland Security and State will coordinate to enforce entry restrictions.

Revised prevailing wage standards

  • Agencies are directed to initiate rulemaking to update prevailing wage standards under the H-1B program, aimed at curbing perceived wage undercutting.

Priority for high-skilled, high-paid workers

  • Future regulatory changes will prioritize the selection and approval of H-1B applicants with higher salaries and skills, in line with the administration’s “merit-based” immigration goals.

Duration and review process

  • The Proclamation remains in force for 12 months, unless revoked or extended.
  • A formal review will occur within 30 days following the next H-1B lottery. A joint recommendation from the Secretaries of Homeland Security, State, and Labor and the Attorney General will advise on whether the restriction should be extended.

Please reach out to our immigration counsel if you require assistance evaluating how this policy may affect your workforce or planning.

On July 1, 2025, Ohio became the 15th state to enact a “Mini-WARN” Act when Governor Mike DeWine signed Ohio House Bill 96, the biennial budget bill, into law. The new statute, codified at Ohio Revised Code § 4113.31, takes effect on Sept. 29, 2025, and introduces expanded notice obligations for employers facing plant closures or mass layoffs.

Federal requirements

The federal Worker Adjustment and Retraining Notification Act (WARN) was enacted to give workers and communities time to prepare for the economic impact of significant job losses. Under the federal WARN Act, employers with 100 or more full-time employees must provide at least 60 calendar days’ written notice before a plant closing or mass layoff if one of the following conditions are met:

  • A plant closure affects 50 or more employees at a single site of employment in a 30-day period; or
  • A mass layoff results in job losses of 50 or more employees, provided that number represents at least 33% of the workforce, or the job loss affects 500 or more employees during any 90-day period

If WARN is triggered, employers must notify affected employees, their union representatives (if applicable), local government officials and state dislocated worker units. Failure to comply can result in penalties of up to 60 days of backpay and benefits per affected employee.

New requirements under R.C. 4113.31

Like the federal WARN Act, Ohio’s new law applies to employers with 100 or more employees. When there is a qualifying employment loss, Ohio requires employees to be notified 60 days in advance. However, employers in Ohio need to be aware of several key differences.

Unlike the federal WARN Act, Ohio’s Mini-WARN statute does not require that the laid-off employees comprise at least 33% of the workforce. This means that any layoff of 50 or more employees at a single site within a 30-day period triggers the notice requirement, regardless of the total workforce size.

Ohio’s Mini-WARN also modifies the content and necessary recipients of WARN Notices. When a plant closing or mass layoff occurs, employers in Ohio must send WARN Notices to any union representative, affected employees and select government officials. Ohio’s law expands the list of required recipients. In addition to notifying affected employees and union representatives, employers must also send notices to the Director of Ohio Department of Job and Family Services, the chief elected official of the municipality and the chief elected official of the county where the layoff or closure occurs.

The Ohio Mini-WARN Act outlines specific content requirements for the notices sent to union representatives, affected employees and government officials. These requirements are tailored to each recipient group and include more information than those required under federal WARN, as follows:

Notice to union representatives

  • The location of the affected facility
  • The reason for the plant closing or mass layoff and whether the employment loss is permanent or temporary
  • The start date of the plant closing or mass layoff
  • The total number of affected employees by job title and department or division

Notice to affected employees

  • The reason for the plant closing or mass layoff and whether the employment loss is permanent or temporary
  • The expected date of the plant closing or mass layoff and when it is expected to impact the employee
  • Whether the employee has bumping or reemployment rights
  • Description of unemployment benefits
  • Contact information for the employer representative responsible for answering questions
  • A description of available support services

Notice to government officials

  • All the information provided to union representatives and affected employees
  • A description of any actions the employer took to mitigate the impact of the employment loss
  • The name and address of any union representatives
  • A copy of the notice provided to affected employees

The attorneys at Porter Wright Morris & Arthur LLP regularly advise employers on plant closures, mass layoffs and other related issues. If you have any questions or need assistance, please reach out.

In stark contrast to many state movements reducing the effectiveness of non-compete agreements, Florida made the CHOICE to move in a different direction. As of July 1, 2025, Florida has enacted the Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act (the CHOICE Act) now codified at Sections 542.41-542.45, Florida Statutes. This law represents a major shift in how certain restrictive covenants in employment agreements—specifically non-compete and garden leave agreements—can be drafted and enforced against certain employees.

Continue Reading Florida’s choice to enforce non-compete agreements
nlrb-board-quorum

The National Labor Relations Board (NLRB), the entity responsible for deciding cases brought under the National Labor Relations Act and reviewing decisions by lower-level administrative law judges, has been without a quorum since the beginning of this year. The NLRB is a quasi-judicial body that can have up to five members but needs at least three to establish a quorum in order to issue new decisions and to overturn decisions and priorities established by the prior administration.   

Continue Reading The NLRB’s quorum likely to return