Law Office of Karin Wolman

02/06/2026

Reminder for US employers and all interns/entry-level employees currently in F-1 OPT or STEM OPT:

- This year’s H-1B Cap Lottery registration period is from noon Eastern on March 4, 2026 to noon Eastern March 19, 2026;

-Registration fee is $215;

-you’ll need the worker’s full legal name, birthdate & country of birth, country of citizenship, & valid
passport information;

-you’ll need particulars about the level, type & academic field of their degree, and whether the U.S. school that conferred it was both nonprofit & accredited;

-you’ll need to know the Standard Occupational Classification & wage level that applies to the professional job offered. If the wage offered meets or exceeds Level IV, that means 4 chances of selection in the lottery; if it meets Level III, that means 3 chances, and so forth.

Consult with counsel sooner rather than later.

Understand the DOL wage level worksheet, and be aware that any mismatch between the wage level shown on the cap lottery registration and the wage shown on the H-1B petition ultimately filed with USCIS, if your registration is selected, may result in a fraud finding. This process is much more intricate than it used to be, and it is full of traps for the unwary.

09/21/2025

For those trying to keep track of the madness with this new $100k fee for H-1Bs:

The Proclamation was drafted badly, by someone who either can’t tell the difference or wants to obfuscate the difference between a visa petition to USCIS, a visa application at a U.S. consulate abroad, and an application for admission at a port of entry - because they know that a travel/entry ban under INA 212(f) is within presidential authority, but any fee to be collected by USCIS or CBP would have to comply with INA 286(m) by being reasonably related to agency costs, and any such fee collection would require publication in the Federal Register and a formal Notice and Comment period before it could go into effect.

It was released late on a Friday, to take effect in the middle of a weekend, just coincidentally on the very first day that cap-subject H-1B workers with brand new visas could enter the U.S. to start their new jobs beginning on October 1.

The Proclamation, the White House press announcement walking it back, and the memoranda from USCIS and CBP don’t agree with each other. The resulting pandemonium was the goal.

All of these government pronouncements talk about curbing fraud and abuse, but the real casualty of this $100,000 fee will be the cap-exempt H-1B petitioners, the universities, research institutions, hospitals and healthcare organizations that cannot afford this fee and upon which our entire healthcare system depends.

The White House announcement says it only applies to new applicants outside the U.S. who don’t already have a valid visa, not to those inside the U.S. who need renewals. This tells us nothing about new change of employer petitions by either cap-subject or cap-exempt employers filed after 9/21.

09/20/2025

Late breaking news: White House proclamation imposes an annual entry ban/admission fee under INA 212(f) of $100,000 on H-1B workers. No specific exemptions for cap-exempt employers, or for renewals, so it presumptively covers everyone, including H-1B1, and H-4 dependents, and visa-exempt Canadians. No mechanism even to pay the fee yet. If you are outside the U.S. and already have a valid H-1B, H-1B1, or H-4 visa, the ban kicks in at 12:01 EDT, so get back on US soil before midnight tomorrow. Everyone in H status in the U.S., if you have international travel plans, cancel them & wait until this is litigated.

03/15/2025

If you’re a dual citizen, Lawful Permanent Resident or visa holder from any of these countries, especially the red list, get back to the US before March 21 or you may not be able to.

A draft circulating inside the administration lists three tiers of countries whose citizens may face restrictions on entering the United States.

02/21/2025

02/19/2025

Let history remember

02/19/2025

https://youtu.be/iwJDG3mMvow?feature=shared

The top 3 recurring problem areas I see with small to medium-size enterprises sponsoring L1A managerial transferees and EB-1C multinational managers

01/22/2025

The Germans get it; they have the relevant experience.

10/26/2024

Good to hear I was named to the New York Metro list of SuperLawyers for 2024, especially on the heels of the Forbes Advisors listing.

10/13/2024

Nice one, USCIS. On Friday, they introduced a substantially revised Form I-131, requiring the new edition immediately, with NO GRACE PERIOD. All drafts out for signature will need to be updated, all applications already en route to lockboxes will be rejected and returned, at considerable expense of USCIS funds & mailroom staff time. Every application for a refugee travel document, Advance Parole or a ReEntry Permit must be on the 10//11/2024 edition (which is actually dated 06/17/2024, revealing that they sat on it for 4 months without notice to the public, then published with no grace period).

07/09/2024

The beauty of evolution. ❤️