H-1B case management for 2026: weighted selection, fees and petitions in one CRM
Run every H-1B file from cap registration to I-797 approval. Track each beneficiary's OEWS wage level, LCA, I-129 package and RFEs, and keep employers and beneficiaries on secure portal checklists.
What practitioners need to know in 2026
- Weighted selection (from the FY 2027 season) rewards higher OEWS wage levels, so record the wage level for every registration.
- The $100,000 payment guidance was vacated by a federal court in June 2026; a separate $103,265 cap-petition fee is only proposed.
- Plan the LCA, I-129 and change-of-status or consular steps with deadlines and employer tasks.
DHS final rule (published Dec 29, 2025, effective Feb 27, 2026) replaces the random lottery with selection weighted by OEWS wage level: Level IV x4, III x3, II x2, I x1, from the FY 2027 season.
Official sourceA Massachusetts federal court vacated the guidance on June 8, 2026 and the First Circuit denied a stay on July 24, 2026; USCIS says it is complying while litigation continues.
Official sourceDHS proposed a new fee on Aug 24, 2026 for cap-subject H-1B petitions. It is a proposal only, not yet final; monitor the Federal Register.
Official sourceEB and family preference cases depend on final action and dates-for-filing charts by chargeability country.
Official sourceProcess and documents
H-1B Specialty Occupation
Degree-holding professionals with a U.S. employer
- 1Confirm specialty occupation and OEWS wage level
- 2Employer files cap registration (weighted selection from FY 2027)
- 3LCA certified by DOL
- 4I-129 petition filed with USCIS
- 5Approval, then visa stamping or change of status
- Valid passport (all pages)
- Passport-style photo (country specification)
- Detailed CV / resume
- Degrees, transcripts and credential evaluation
- Employer job offer and duties
- Certified Labor Condition Application (LCA)
- Form I-129 petition package (employer)
- I-797 approval notice (after approval)
H-1B visa compared with other options
| Visa | Best for | Sponsor / offer needed | Path to permanent residence |
|---|---|---|---|
| H-1B Specialty Occupation | Degree-holding professionals with a U.S. employer | Yes, U.S. employer petition | Dual intent; often leads to EB green card |
| L-1 Intracompany Transfer | Managers, executives and specialists moving within a company | Yes, related employer | Possible via EB-1C for managers |
| O-1 Extraordinary Ability | Top talent in sciences, arts, business, athletics | Yes, employer or U.S. agent | Not direct; often paired with EB-1A |
| EB-2 National Interest Waiver | Advanced-degree or exceptional-ability professionals | No, self-petition | Yes, green card |
Frequently asked questions
How does H-1B weighted selection work?+
Since the DHS rule took effect on February 27, 2026, cap registrations are entered by OEWS wage level: Level IV four times, Level III three times, Level II twice and Level I once. Confirm the current rule on uscis.gov before each season.
Is the $100,000 H-1B fee still required?+
A Massachusetts federal court vacated the guidance on June 8, 2026 and the First Circuit denied a stay on July 24, 2026. USCIS says it is complying while litigation continues. Check the USCIS H-1B FAQ before filing.
Does My Briefcase file the I-129 with USCIS?+
No. Outside Canada the platform is case management and a client portal only: it organizes documents, deadlines and tasks, and the attorney or representative files in the official system.
General information for practitioners, not legal advice. No government-form autofill or submission outside Canada.