The Weighted Lottery
Three machines were rebuilt at once — a 4:1 wage-weighted lottery, an executive-priced entry fee now testing the taxing power, and complaint-free Secretary-certified enforcement — and the litigation is really about who may set the price of a guest worker.
Three machines were rebuilt at once — a 4:1 wage-weighted lottery, an executive-priced entry fee now testing the taxing power, and complaint-free Secretary-certified enforcement — and the litigation is really about who may set the price of a guest worker.
The 90-day filing window for the first wage-weighted H-1B lottery closed June 30, while the vacated $100,000 visa fee sits frozen at the First Circuit.
Why it matters: Wage floors on public filings shape tech, engineering, and health-sector pay; entry-level hiring odds shift under the weighted lottery; employers who paid the fee may hold refund claims; and tax-by-proclamation is a precedent that reaches every federal fee.
Date to watch: October 1, 2026 — the earliest employment start date for the first weighted-lottery class; the First Circuit's stay ruling lands sooner.
Sources:
- USCIS — FY 2027 H-1B Initial Registration Selection Process Completed (2026-03-31)
https://www.uscis.gov/newsroom/alerts/fy-2027-h-1b-initial-registration-selection-process-completed - Federal Register — Weighted Selection Process final rule (DHS Docket USCIS-2025-0040) (2025-12-29)
https://www.federalregister.gov/documents/2025/12/29/2025-23853/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b - USCIS — H-1B Electronic Registration Process (FY 2025–2027 registration data) (2026-03-31)
https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process - U.S. Department of Labor — Project Firewall launch release (2025-09-19)
https://www.dol.gov/newsroom/releases/osec/osec20250919 - Barnes & Thornburg — State of California et al. v. Mullin, No. 25-13829-LTS (D. Mass.) decision alert (2026-06-12)
https://btlaw.com/en/insights/alerts/2026/federal-court-strikes-down-100000-h1b-payment-requirement - Vorys — $100,000 fee stay posture pending First Circuit appeal (2026-06-19)
https://www.vorys.com/publication-court-strikes-down-100-000-h-1b-entry-fee-but-fee-still-applies-pending-appeal - Sen. Bernie Sanders — statement on H-1B guest worker visas (2025-01-02)
https://www.sanders.senate.gov/press-releases/news-we-need-major-reforms-in-the-h-1b-program/ - EPI — Ron Hira testimony, Senate Judiciary Subcommittee on Immigration and the National Interest (2016-02-25)
https://www.epi.org/publication/congressional-testimony-the-impact-of-high-skilled-immigration-on-u-s-workers-4/ - EPI Policy Watch — Project Firewall, 175 investigations underway (2025-11-10)
https://www.epi.org/policywatch/dol-launches-project-firewall-to-enforce-h-1b-program-rules-at-least-175-investigations-underway/ - USCIS — DHS Changes Process for Awarding H-1B Work Visas (news release) (2025-12-23)
https://www.uscis.gov/newsroom/news-releases/dhs-changes-process-for-awarding-h-1b-work-visas-to-better-protect-american-workers - DOL Wage and Hour Division — Project Firewall program page (2025-09-19)
https://www.dol.gov/agencies/whd/immigration/h1b/projectfirewall - Sen. Bernie Sanders — floor remarks on H-1B amendment to the Laken Riley Act (2025-01-15)
https://www.sanders.senate.gov/press-releases/prepared-remarks-sanders-calls-on-colleagues-to-support-his-h-1b-amendment/ - Sen. Chuck Grassley — statement, The Impact of High-Skilled Immigration on U.S. Workers hearing (2016-02-25)
https://www.grassley.senate.gov/news/news-releases/grassley-reforms-needed-high-skilled-immigration-visa-programs - USCIS — H-1B Cap Season page (FY 2027 filing window and cap-reached alert) (2026-04-08)
https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season
The Throughline decodes today's headline — with receipts. Every claim is sourced; links below.
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