Kris Quadros-Ragar, Esq.
Kris Quadros-Ragar, Esq.

U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.

In a renewed wave of enforcement, U.S. Immigration and Customs Enforcement (ICE) has started sending formal alerts to certain F-1 students participating in Optional Practical Training (OPT), flagging that their records reflect over 90 days without any reported employment. These students have been advised to update their employment status in the Student and Exchange Visitor Information System (SEVIS) within 15 days. Failure to take timely corrective action may lead to the termination of the student's SEVIS record, effectively marking them as out of status, and may ultimately trigger removal proceedings. The notices are intended as a warning that students who do not comply with OPT reporting obligations are at risk of serious immigration consequences. Understanding OPT and Its Unemployment Limits Optional Practical Training (commonly referred to as “OPT”) is a work authorization benefit that allows eligible F-1 international students to gain hands-on experience in their field of study. Students may apply for pre-completion OPT (while still in school) or post-completion OPT (after graduation), typically for up to 12 months. Those with degrees in qualifying STEM fields may apply for an additional 24-month STEM OPT extension, giving them a total of 36 months of work authorization in the U.S. To maintain valid F-1 status while on OPT, students must remain actively employed in a position related to their field of study. The amount of time a student may remain in the United States while on OPT without being properly employed is capped at: 90 days during the standard 12-month post-completion OPT, and 150 days for those on the STEM OPT extension, which includes any days of unemployment accrued during the initial OPT period. These unemployment limits are cumulative and enforced strictly through SEVIS monitoring. What Should F-1 Students Do? If you are an F-1 student on OPT or STEM OPT and receive a warning or are unsure about your compliance status, act quickly: Contact your Designated School Official (DSO) immediately to review and, if necessary, update your SEVIS record. Ensure all employment is properly documented and reported through your school’s international office. Do not ignore warning notices, as failure to respond may lead to SEVIS termination and potentially the initiation of removal proceedings. It is also advisable to consult with a qualified immigration attorney to explore available options and understand how enforcement actions may affect your status or future immigration plans. If you received a notice or have questions about your F-1 status, our attorneys are here to help you take the right steps to protect your future in the United States. Contact us today to schedule a consultation.
Attorney Kris Quadros-Ragar is enthusiastic and dedicated to helping others pursue their dreams through immigration. An immigrant herself, Kris brings a deeply personal perspective to her work, rooted in both lived experience and a rich international academic background. She holds a Law Degree from the Federal University of Santa Catarina (UFSC) in Brazil and a Master of Laws (LL.M.) with a certificate in Business Law from the prestigious University of Southern California (USC) Gould School of Law in Los Angeles.
Before joining Santos Lloyd Law, Kris served as an associate attorney at a boutique trust and estates law firm in California. Her exposure to complex legal strategies, combined with her familiarity with federal agency requirements and procedures, in addition to her own journey navigating the U.S. immigration system, inspired her to focus her career on immigration law.
Serving as the strategy attorney for the firm’s employment-based immigration department, Kris leads with precision, thoughtfulness, and creativity. Her practice focuses on representing individuals of extraordinary and exceptional ability, including artists across a wide range of disciplines, professional athletes, seasoned entrepreneurs, and innovators launching startups in the United States.
Kris is admitted to the State Bar of California and is a proud member of the American Immigration Lawyers Association (AILA).
Find out more about Kris
Areas of Practice
Button- Immigration Law
Education
Button- Juris Doctor (Law Degree), Federal University of Santa Catarina (UFSC), Brazil
- Master’s in Law (LL.M.), University of Southern California (USC) Gould School of Law, Los Angeles
Presentations
- Extraordinary Problems: Trends in Adjudications of O’s and EB-1A’s, American Immigration Lawyers Association - Rome District Chapter Panel, (December 2025)
- Navigating Recent Trends in RFEs for O, P & EB-1A Petitions, Orange County Bar Association, (December 2025)
- Mandatory Alien Registration: Navigating DHS' New Requirements for All Noncitizens, MyLawCLE and Federal Bar Association, (May 2025)
Languages
Button- Portuguese
- English
Bar Admissions
Button- California State Bar Association
Honors & Awards
Button- Granted USC Gould Dean’s Excellence Scholarship
- Graduated with High Honors


