2027 Business Immigration Outlook for Employers

The 2027 business immigration outlook for employers combines new restrictions with legal uncertainty. Automatic Employment Authorization Document (EAD) extensions are ending and visa processing is slower. At the same time, several proposals face legal and procedural challenges, and courts have blocked major initiatives such as the $100,000 H-1B fee. With the midterm elections approaching, the administration has proposed further changes to the US immigration system.

In this webinar, Mintz attorneys John Quill, William Coffman, and Arash Bahar explain which changes are in effect, which proposals are pending and how likely they are to advance, and which policies are stopped in litigation. They also outline practical steps for the March 2027 H-1B lottery, PERM compliance, and international travel.

Key Takeaways for the 2027 Business Immigration Outlook

The end of automatic EAD extensions creates new work authorization risk. 

A final rule issued October 14, 2026 ends automatic EAD extensions for renewals filed on or after October 30, 2026. Previously, many workers could continue working for up to 540 days while a timely filed renewal was pending. The rule affects adjustment of status applicants, H-4 spouses, asylum and refugee applicants, and Temporary Protected Status holders. STEM OPT applicants keep their 180-day automatic extension, and E and L spouses can still work incident to status. 

Visa processing delays require more lead time. 

Consulates now require in-person interviews for most visas. Mandatory social media vetting for H, F, J, and M applicants is adding time. Section 221(g) administrative processing holds can delay issuance for weeks or months, although in many cases these visas are eventually issued.

Several proposals with significant costs face challenges and may not take effect as written. 

Pending rules would eliminate the 60-day grace period, impose a $103,265 fee on all H-1B petitions, charge universities $70,000 for an initial OPT authorization, and raise prevailing wage levels. The OPT proposal would let universities recover part of that fee from the student or the employer, though it's unclear how that would work because OPT isn't tied to a specific employer. The H-1B fee schedule is currently blocked, and the OPT fees are expected to face litigation. The prevailing wage proposal has seen no movement since March 2026. 

Program Electronic Review Management (PERM) compliance is under closer scrutiny. 

The Department of Labor recently barred companies from filing PERM applications on the basis that they had both sponsored PERM applications and laid off workers. That action is now in litigation. Employers should follow their normal recruitment practices as closely as possible, including acknowledging applicants and sending rejection letters if they usually do so. 

Court injunctions for some of the more extreme immigration restrictions are in place, but may be temporary. 

Courts have blocked the $100,000 H-1B fee, the end of duration-of-status admission for F, J, and I visa holders, the USCIS processing pause for 39 countries plus Palestine, and the immigrant visa pause for 75 countries. An appeals court could reinstate the $100,000 fee, so employers with affected petitions should consider filing as soon as possible.

Related Questions on the 2027 Business Immigration Outlook

What should employers expect from the March 2027 H-1B lottery? 

The March 2027 lottery is expected to keep the weighted wage-level selection system. Selection rates in the 2026 lottery were:

• Level 4: 61%
• Level 3: 46%
• Level 2: 30%
• Level 1: about 15%

The registration pool may also be larger this year. The $100,000 fee discouraged registrations for candidates outside the US last year, and that fee is now blocked. Employers can coordinate year-end compensation decisions with lottery planning, particularly for salaries near a wage-level threshold.

How does the new EAD rule affect employers?

Employees with pending EAD renewals risk a gap in work authorization. Keeping an employee in H or L status during a pending adjustment application generally preserves their work authorization.

Are USCIS processing times changing?

USCIS is pushing premium processing as regular processing slows, and requests for evidence (RFEs) are on the rise. Some reflect closer scrutiny of filings. Others appear to be templated or boilerplate RFEs. Approval rates haven't changed meaningfully, but the process is taking longer and costing more.

How long is PERM processing?

PERM processing has improved from about 17 – 18 months to 10 – 11 months. Prevailing wage determinations now take about four months, down from 6 – 7 months.

What should visa holders know about international travel?

Travelers with valid visas have generally been readmitted without issues when they carry an employer verification letter, pay statements, and their approval notice. Travelers who need a new visa face uncertain wait times. Employers may want to consider travel policies that address device inspections, remote work, and delays in returning to the US.

For questions about the content of this webinar, contact the speakers or your regular Mintz attorney.

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