U.S. Immigration Alerts

FGI UPDATE: This Week’s Summary of U.S. Immigration News

ILW Report: Prediction on Second Round of H-1B Selections

A recent report from ILW.com states that the FY-2027 H-1B March lottery results suggest that the government may have underestimated how many applicants would be selected, especially under the new wage-based system that gives better odds to higher-paying employers. Early observations indicate that actual selection rates could be higher than originally projected. There is also a strong possibility of a second round of selections in July, depending on how many employers follow through with filing full H-1B petitions by the June 30, 2026 deadline. While some employers are motivated to proceed after paying registration fees, others may hesitate due to wage commitments, job classification constraints, or uncertainty around a controversial $100,000 H-1B fee that is currently being challenged in court.

Key Points

• Selection Rate Estimates May Be Too Low USCIS projected relatively modest selection rates across wage levels, but early anecdotal evidence suggests that actual selection percentages may be higher. This could mean more applicants were chosen in the first round than initially expected. 
• Weighted Wage System Impact The new system allocates more “lottery chances” to employers offering higher wages, with projected odds ranging from 15.29% for Level I to 61.16% for Level IV. However, the real-world outcomes may not align with these projections.
• Second Lottery Is Likely There is a strong possibility of a second selection round in July 2026. This will largely depend on how many selected employers actually submit complete H-1B petitions by the June 30 deadline.
• Employer Filing Decisions Are Uncertain Although employers have already paid a $215 registration fee, some may choose not to proceed. This is especially true if they committed to wages or job classifications (SOC codes) that are difficult to support. 
• $100,000 Fee Creates Hesitation Some employers may have registered candidates assuming a controversial $100,000 H-1B fee would be overturned. If the fee remains in place, they may reconsider filing petitions.

What Employers Need to Know

• Filing Commitment Matters Employers should carefully evaluate whether they can meet the wage and job classification commitments made during registration. Failure to follow through could affect both compliance and future participation. 
• Deadline Pressure Is Real The June 30, 2026 filing deadline will determine whether unused slots trigger a second lottery. Employers must act promptly if they intend to proceed. 
• Registration Fee Does Not Guarantee Filing While the $215 fee creates some incentive to continue, it does not ensure that all selected cases will be filed. Strategic reassessment may still occur. 
• Litigation Risk Remains The $100,000 H-1B fee has been upheld in one federal court case but is still under appeal and challenged in other jurisdictions. Employers should plan for the possibility that the fee remains in effect. 

Looking Ahead

• Second Round Depends on Filing Rates: If a significant number of employers do not submit petitions, USCIS is likely to conduct a second lottery in July. This creates additional opportunity for unselected candidates.
• Final Data May Shift Expectations: Once USCIS releases official statistics, it may confirm that selection rates were higher than projected. This could influence future policy adjustments.
• Court Decisions Could Reshape Strategy: Ongoing litigation over the $100,000 fee could significantly impact employer behavior. A reversal or modification of the rule may encourage more filings in future cycles.
• Policy Uncertainty Will Continue: The combination of new selection rules and unresolved legal challenges means that the H-1B process will remain unpredictable. Employers and applicants should stay flexible and informed.

Overall, the FY-2027 H-1B selection process may have produced higher-than-expected selection rates, and there is a meaningful chance of a second lottery round depending on employer follow-through. At the same time, uncertainty around wage commitments, filing decisions, and ongoing litigation over a major fee requirement continues to shape employer behavior. As more data and court decisions emerge, both employers and applicants will need to closely monitor developments and adjust their strategies accordingly.

SOURCE: discuss.ilw.com/articles/articles/617697-article-immigration-news-–-prediction-on-second-round-of-h-1b-selections-prevailing-wages-level-i-level-iv-set-to-leap-under-notice-of-proposed-rulemaking-habeas-corpus-and-the-right-to-bring-up-constitutional-issues-by-alan-lee-esq

Department of Homeland Security Calls Furloughed Staff Back to Work

Amid a prolonged partial government shutdown affecting the Department of Homeland Security (DHS), the federal government has ordered all previously furloughed employees to return to work, even though funding disputes in Congress remain unresolved. The move follows an emergency directive by President Donald Trump to ensure that DHS employees receive back pay and benefits despite the shutdown. While most DHS workers were already classified as “essential” and continued working without pay, this decision brings back the remaining furloughed staff, raising legal, operational, and political questions about how the agency continues to function during a funding lapse.

Key Points

• Recall of Furloughed Workers: DHS instructed all furloughed employees to return to work on their next scheduled shift, effectively restoring the full workforce despite the shutdown. This marks a significant shift from typical shutdown procedures, where non-essential employees remain off duty. 
• Emergency Pay Directive: President Donald Trump issued an April 3 order guaranteeing compensation and benefits for all DHS employees affected by the shutdown. This ensures workers will be paid even though Congress has not yet approved agency funding. 
• Shutdown Still Ongoing: The DHS shutdown began in mid-February 2026 due to unresolved disagreements in Congress over funding, particularly tied to immigration policy. Despite some legislative movement, no final agreement has been reached. 
• Most Workers Already “Essential”: The majority of DHS’s roughly 270,000 employees were already required to work during the shutdown without pay. The recall mainly affects thousands of previously furloughed civilian workers. 
• Political and Policy Tensions Continue: The shutdown is tied to broader disputes over immigration enforcement policies, with Democrats and advocacy groups criticizing DHS practices. These tensions continue to complicate efforts to pass a funding bill.

What Employers Need to Know

• Government Operations Are Stabilizing The recall of furloughed DHS workers may help restore more consistent government services, including immigration-related functions. However, underlying funding uncertainty remains unresolved. 
• Processing May Improve, But Risks Remain With more staff returning, certain DHS operations could see improved processing times. Still, the absence of a finalized budget means disruptions could reoccur.
• Policy Environment Remains Volatile The shutdown is closely tied to immigration enforcement debates, which may result in policy shifts affecting employers who rely on DHS-related processes. 
• Legal Authority May Be Tested The decision to recall workers and guarantee pay during a shutdown is unusual and could face legal scrutiny. Employers should monitor developments that may affect agency operations or funding authority.

Looking Ahead

• Funding Resolution Is Critical A long-term solution depends on Congress reaching an agreement on DHS funding. Until then, the situation remains temporary and uncertain. 
• Potential Precedent for Future Shutdowns This approach—recalling furloughed workers while guaranteeing pay—could set a precedent for how future shutdowns are managed. It may reshape expectations around federal workforce continuity. 
• Operational Backlogs May Ease As more employees return, DHS may begin addressing service delays and operational gaps caused by the shutdown. This could benefit immigration processing and related services. 
• Continued Political Conflict Likely Ongoing disagreements over immigration policy suggest that similar funding disputes could arise again. Employers should be prepared for continued unpredictability in DHS-related operations.

The decision to bring furloughed DHS employees back to work during an active shutdown reflects an effort to maintain government operations despite political gridlock. While the move may improve short-term functionality and provide financial reassurance to workers, it does not resolve the underlying funding dispute driving the shutdown. As a result, employers and stakeholders should remain cautious, as both policy and operational conditions could shift quickly depending on congressional action and ongoing legal developments.

SOURCE: Reuters, April 13, 2026: www.reuters.com/legal/litigation/us-dhs-calls-furloughed-staff-back-work-despite-shutdown-2026-04-11/

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.