On May 22, 2026, USCIS issued Policy Memorandum PM-602-0199, titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process". This memo has created significant buzz, and concern, among H-1B holders pursuing employment-based green cards.

The Trump administration has proposed raising minimum wages for H-1B and green card workers. The new rule would increase prevailing wage levels significantly — for example, entry-level (Level I) wages would rise from the 17th to the 34th percentile. This aims to protect American workers’ salaries and reduce misuse of the H-1B program by companies paying lower wages to foreign talent.

The H-1B lottery is changing in 2026. USCIS is replacing the random draw with a wage-based, weighted selection system. Here’s a simple breakdown of what’s changing, why it matters, and how it could affect your chances.

The fees announced in this notice are effective on or after January 1, 2026. Any immigration benefit request postmarked on or after January 1, 2026 without the proper filing fee will be rejected.