Pause Act Targets OPT and Seeks to Reshape H-1B Program

📅 Key Date: February 27, 2026 is the effective date for DHS’s H-1B weighted selection final rule for the FY 2027 cap season.

FY 2027 H-1B cap timeline (projected)

USCIS has not always posted exact dates far in advance. The cadence is consistent year to year.

USCIS runs the annual cap at 85,000 total slots. That includes 65,000 regular cap and 20,000 master’s cap.

1) What the PAUSE Act is, and why H-1B and OPT readers care

The Pausing All Admissions Until Security Ensured (PAUSE) Act of 2025 (H.R. 6225) was introduced on November 20, 2025 by Rep. Chip Roy (R‑TX). It is a bill, not a rule.

“Introduced” means a member filed it in Congress for consideration. It must move through committee, pass both chambers, and be signed by the President. Until then, it does not change eligibility for OPT, H-1B, or PERM-based green cards.

H-1B readers should still track it for planning. The proposal targets the OPT bridge used by many F‑1 graduates. It also targets long-term, employer-sponsored residency pathways. Those pathways often begin with H-1B and move into PERM and adjustment of status.

2) Separating legislation from USCIS/DHS policy shifts

Even without new legislation, USCIS and DHS messaging has emphasized program integrity. Agencies often cite wage undercutting, third-party placement risks, and registration gaming.

A major shift is the move from random selection toward a wage- or merit-influenced selection concept. The final details depend on binding text in a final rule. Public statements alone do not change filing requirements.

A practical way to read announcements is this:

• Federal Register final rules can be binding, with effective dates and implementation instructions.
• Policy memoranda can change adjudication posture and evidence expectations.
• Press statements often preview enforcement priorities, not legal standards.

This matters because scrutiny can increase even before a new law passes. Employers should expect more questions on job duties, worksite control, and wage level. Employees should expect more requests for degree relevance and experience proof.

⚠️ Employer Alert: Higher scrutiny often hits Level I wages, broad job descriptions, and third-party worksites. Document supervision, specialty duties, and end-client control terms early.

3) Key PAUSE Act proposals that affect OPT, H-1B, and green cards

Several PAUSE Act provisions, if enacted, would change routine employment-based planning. None are current law.

OPT and CPT. Today, OPT and CPT are DHS work authorizations tied to F‑1 status. The bill proposes to prohibit DHS from granting that employment authorization. If that happened, many graduates would lose the typical “work while waiting for H-1B” path.

H-1B and permanent residency. Many H-1B workers pursue a green card through PERM and then adjustment of status inside the United States. “Adjustment of status” means filing for permanent residence without leaving the country. The proposal would restrict that route and push more cases into consular processing.

A proposed H-1B fee concept. The bill includes a large, per-worker fee concept for certain H-1B filings. In practice, that would force employers to revisit budgets and recruiting. It could also affect who sponsors and which candidates get offers.

Moratorium-style conditions. The bill ties immigration actions to broader legal and constitutional changes. Some referenced conditions would likely trigger litigation. Others would require separate statutory changes to implement.

The planning takeaway is simple. Treat the PAUSE Act as a proposal. Treat DHS final rules and USCIS guidance as operational reality.

4) How this aligns with existing actions and what “effective date” really means

The PAUSE Act frames immigration through security and merit. That theme overlaps with recent agency integrity efforts. It also overlaps with the new selection framework for the H-1B program.

An effective date is not always the same as an “impact date.” Employers usually feel changes at the next cap season milestone. For FY 2027, that is the March 2026 registration period.

Heightened scrutiny can still affect timelines. It can show up as Requests for Evidence (RFEs). It can also show up as longer adjudications, especially on specialty occupation and wage alignment.

Wage alignment remains central under current law. Employers must pay the higher of the prevailing wage or actual wage. Prevailing wage levels range from Level I (entry) to Level IV (expert), by SOC code and location. Level I has faced increased scrutiny in H-1B adjudications.

5) Lottery mechanics for FY 2027, including the one-entry rule

The cap selection system now follows a one-registration-per-beneficiary approach. That means a candidate should only have one entry in the system, even with multiple interested employers. This reduces “multiple entry” gaming that inflated counts in earlier years.

Comparison to last year

FY 2026 used the beneficiary-centric model as well. It was designed to reduce duplicative entries. Even so, demand still far exceeded the 85,000 cap slots. That keeps selection odds tight in most years.

For FY 2027, the key change is not the cap number. The key change is that selection may no longer be purely random. Employers should assume wages and role requirements will matter more.

6) What happens next after selection, or after non-selection

If selected

• The employer files the H-1B petition (Form I‑129) during the filing window.
• The employer must have a certified LCA and meet wage obligations.
• USCIS may request proof of specialty occupation and degree fit.
• If approved, the employee can start October 1, 2026, or change status if eligible.

Employees should confirm the SOC code and worksite location match the LCA. They should also confirm the offered salary meets the correct wage level.

If not selected

Candidates should plan early for lawful status continuity. Common options include:

• Cap-exempt H-1B roles with universities, affiliated nonprofits, and research organizations.
• O-1 for individuals with sustained national or international acclaim.
• L-1 for intracompany transferees after qualifying overseas employment.
• Day 1 CPT is heavily scrutinized and can create future risk. Use extreme caution.
• PERM can still be started, but it does not grant work authorization by itself.

💼 Employee Tip: If you are on OPT, map your work authorization end date to the March 2026 registration. Build a back-up status plan by February 2026.

Next year’s outlook: FY 2028 (early planning)

FY 2028 should follow the same cadence. Registration is typically expected in March 2027, with an October 1, 2027 start date. Employers should treat December-to-February as LCA and job-description preparation season.

⏰ Deadline: For FY 2027, employers should aim to finalize job duties, SOC code, worksite, and wage level before March 2026 registration.

Official sources to track the PAUSE Act and H-1B rule text

For bill language and status, use Congress.gov and track H.R. 6225. For binding rule text and effective dates, use the Federal Register. For implementation details, use USCIS cap-season updates and policy guidance. For visa stamping and consular processing impacts, monitor travel.state.gov visa updates.

Employers should prepare FY 2027 cases with tighter specialty occupation documentation, clearer degree linkage, and defensible wage levels by late February 2026. Employees should confirm OPT end dates, keep degree and transcripts ready, and discuss cap-exempt and O-1 or L-1 options before March 2026. Both parties should monitor USCIS cap season announcements through March 2026 and track rule updates at USCIS.

📋 Official Resources: – H-1B Program: uscis.gov/h-1b-specialty-occupations – Cap Season: uscis.gov/h-1b-cap-season – Prevailing Wages: flcdatacenter.com