With the FY 2027 H-1B cap filing season now behind us, employers may be tempted to pause H-1B planning until next spring. The period between petition filing and the October 1 start date, however, remains a critical compliance and planning window for HR and global mobility teams.
Employers should use this time to confirm which employees will change status in the United States, which employees will need visa processing abroad, how start dates and travel plans should be coordinated, whether any cases may be affected by ongoing H-1B fee litigation, and when permanent residence sponsorship should begin, if applicable.
Recent court activity has placed certain travel ban and heightened vetting policies on hold. On July 15, 2026, the U.S. District Court in Rhode Island denied the government’s request to pause the court’s earlier decision while the government appeals. As a result, USCIS must continue processing cases that were previously subject to those hold policies at this time. Employers should continue to monitor developments, however, because USCIS has indicated that it will continue strengthening screening and vetting procedures. (Update on USCIS’ Strengthened Screening and Vetting | USCIS; Dorcas International Institute of Rhode Island v. USCIS, 1:26-cv-00132 (D.R.I. 2026)).
USCIS may conduct a later selection round if it does not receive enough petitions from the initial selections to meet the annual cap. Employers should not count on that outcome. Recent registration and selection trends, combined with the revised beneficiary-centered and wage-weighted selection process, make an additional lottery less likely. Employers should keep registration records organized and communicate appropriately with unselected candidates, while focusing planning efforts on other immigration options.
Key considerations include:
- Approval Type: Confirm whether each approved petition will take effect through change of status or consular processing.
- October 1 Implementation: Coordinate start dates, onboarding, payroll, and Form I-9 updates based on the employee’s approval type.
- Travel and Visa Timing: Review international travel plans and visa appointment timing before employees depart the United States.
- Fee Developments: Monitor developments involving the $100,000 H-1B fee and assess whether any cases may be affected.
- Permanent Residence (Green Card) Planning: Begin permanent residence planning, if applicable, early for employees in long-term roles to avoid compressed timelines later in the H-1B period.
In short, employers should treat the post-filing period as an active planning window to create a smoother transition into H-1B employment.
Change of Status vs. Consular Processing: Why October 1 Matters
For employees whose H-1B petitions were approved as a change of status, October 1, the start of the new federal fiscal year, is generally the date they move from their current nonimmigrant status into H-1B status, provided they have maintained eligibility through that date.
For employees whose petitions were approved for consular processing, H-1B employment cannot begin until the employee obtains an H-1B visa abroad, if required, and is admitted to the United States in H-1B status. Employers should account for visa appointment timing, screening and vetting, potential travel restrictions, and any fee developments that may affect travel.
Employers should confirm the approval type for each employee now because onboarding timelines, travel planning, payroll activation, and employment authorization requirements differ significantly between change-of-status (COS) and consular-notification (NTO) cases.
The $100,000 H-1B Fee: What Employers Should Know
On July 24, 2026, the First Circuit denied the government’s motion to stay, meaning the $100,000 H-1B fee is not currently in effect while the appeal proceeds. (State of California v. Mullin, No. 25-13829-LTS (D. Mass. June 8, 2026), appeal docketed, No. 26-1699 (1st Cir. July 24, 2026); First Circuit Denies Gov Motion to Stay). However, the legal landscape surrounding the presidentially imposed $100,000 H-1B fee remains fluid. Employers should treat the issue, along with USCIS’s strengthened screening and vetting environment, as a case-by-case planning consideration. (Update on USCIS’ Strengthened Screening and Vetting | USCIS; H-1B Proclamation ‘Fee’ and Extreme Vetting Fallout: A Perfect Storm for Healthcare)
In June, a federal district court ruled that the fee was unlawful and vacated the policy. (State of California v. Mullin, No. 25-13829-LTS (D. Mass. June 8, 2026), appeal docketed, No. 26-1699 (1st Cir. June 12, 2026)). The government appealed, creating uncertainty about whether, when, and for which filings the fee may be required; however, the fee currently remains in effect for petitions filed for, or approvable only through, consular processing while the appeal is pending. (H-1B Visa Fee’s Legal Whiplash Demands Employers’ Preparation). Employers should monitor current USCIS guidance, consult counsel before filing any H-1B petition that may be affected, and consider whether to delay certain consular processing cases while appellate litigation is pending.
For many FY 2027 cap cases, approved NTO cases require closer attention because visa appointment timing, travel, screening and vetting delays, and potential fee obligations may affect when an employee can begin H-1B employment in the United States. (USCIS)
October 1 Compliance Checklist
As October 1 approaches, employers will move from filing-season mode to implementation mode.
Key action items include:
Confirm that each H-1B petition has been approved and review the Form I-797 approval notice for validity dates, approval classification, and any special conditions. For consular processing cases, also verify the visa stamp and I-94 admission record for accuracy.
Identify whether each employee will activate H-1B status through change of status or consular processing, and document the next steps for each group.
- Plan Form I-9 verification or reverification for employees whose employment authorization will change on October 1, when applicable. (USCIS I-9 Information)
Coordinate onboarding, payroll, worksite, and manager communications so employees begin work only after the required immigration status or employment authorization is in place. If a start date may be delayed, consult legal counsel in advance.
Review international travel plans, visa appointment timing, and any consular processing issues before employees depart the United States.
Taking these steps early can help employers avoid onboarding delays, reduce Form I-9 risks, and ensure that employees begin H-1B employment in the correct status.
OEWS Prevailing Wage Updates: Why Employers Should Revisit Wage Planning
Employers should also account for the July 2026 OEWS prevailing wage update. Effective July 1, 2026, OFLC began using updated wage data for the July 2026 through June 2027 wage year, based on the Bureau of Labor Statistics’ May 2025 wage estimates. (OFLC Technical Release)
Existing certified LCAs and previously issued PWDs generally remain usable during their validity periods, but new LCAs and PWDs issued after July 1 should reflect the updated wage data. Employers planning H-1B amendments, extensions, H-1B1/E-3 filings, or PERM cases should confirm wage levels, worksite locations, occupational classifications, and filing timelines before moving forward.
The update also includes technical changes affecting certain Job Zone assignments, Appendix A professional recruitment considerations, and substitute wage sources where direct OEWS data is unavailable. These changes may affect PERM wage strategy and recruitment planning for roles being evaluated for longer-term sponsorship.
Looking Ahead: Green Card Planning Should Start Early
October is also a useful time for employers to identify positions that may warrant longer-term workforce planning and to assess, on a case-by-case basis, whether permanent residence sponsorship may be appropriate for particular H-1B employees in those roles.
Because Department of Labor PERM processing and employment-based immigrant visa backlogs can be lengthy, waiting until the later years of an employee’s H-1B period may create additional status and timing challenges.
For H-1B employees the company may wish to retain long term, employers should assess permanent residence timelines and related immigration considerations as early as practicable. Early evaluation may provide several benefits, including:
- Greater flexibility if government processing times continue to increase. (DOL Processing Times)
- Earlier eligibility for H-1B extensions beyond the six-year maximum where available.
- Reduced business disruption if recruitment or prevailing wage processing experiences delays.
- Improved retention by providing employees with a clear long-term immigration strategy.
Final Thoughts
Although the H-1B cap filing season has concluded, immigration planning is not over. The months leading up to October 1 present both compliance obligations and strategic planning opportunities for employers.
By confirming approval types, preparing for status changes, monitoring developments related to the $100,000 H-1B fee, updating employment authorization documentation, revisiting wage planning, and evaluating green card timelines early, employers can support a smoother transition into the new fiscal year while reducing immigration-related risk.
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About the Authors:
Alicia Rodriguez is an associate in Dickinson Wright’s Ann Arbor office, where she focuses on business immigration law. Before attending law school, she spent more than five years working as a business immigration paralegal, giving her practical insight into the immigration process. Alicia has handled a variety of matters, including PERM Labor Certifications, immigrant visa petitions, and nonimmigrant cases involving L-1, H, and E visas. Her experience allows her to guide clients through the complexities of business immigration with a grounded, informed approach.
Kathleen Campbell Walker is a Member of Dickinson Wright and Chair of the firm’s Immigration Practice Group, based in the El Paso and Denver offices. She is board certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. A former national president and general counsel of the American Immigration Lawyers Association (AILA), she received the AILA Founder’s Award (now the Robert E. Juceam Award) in 2014, recognizing the individual or entity with the most significant impact on immigration law or policy during the preceding period. She has also testified multiple times before Congress on immigration and border security matters. She can be reached at KWalker@dickinsonwright.com.