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Nine 2026 H-1B Rule Changes Affecting U.S. Visa Workers
The H-1B visa lets U.S. companies employ some foreign professionals in specialized jobs.
In 2026, several rules and procedures affecting these workers changed or were proposed.
Some large employers may have to pay an extra $4,000 when extending certain H-1B visas.
The visa lottery now gives higher-paid jobs more chances, although selection is still not guaranteed.
Immigration officials may reject some applications without asking for missing documents first.
Workers can still change jobs, but they must carefully manage their paperwork and timing.
Travel outside the United States may involve additional online-presence screening and visa delays.
H-4 spouses need to track their work permits separately from their dependent status.
Indian workers also continue to face long waits for employment-based green cards.
A $4,000 employer surcharge will apply to qualifying H-1B extensions from September 9, 2026, for certain large H-1B-dependent employers.
The FY2027 H-1B lottery will remain random but give higher-wage positions more entries, ranging from one to four by wage level.
USCIS may deny some petitions without first issuing a Request for Evidence, increasing the importance of complete initial filings.
Job changes and international travel remain possible, but pending transfers, I-94 validity, visa appointments and travel timing require careful planning.
Indian H-1B workers continue to face green-card backlogs, while H-4 spouses may experience separate delays in employment authorization.
- Who
- H-1B workers, H-4 dependents, U.S. employers, USCIS and other immigration authorities.
- What
- The United States introduced or proposed changes involving H-1B fees, lottery selection, petition reviews, job transfers, travel, H-4 work permits and green-card processing.
- Where
- The changes apply to the U.S. immigration system and affect workers in the United States and applicants traveling abroad.
- When
- The changes and proposals discussed apply during 2026; the $4,000 extension surcharge is identified as beginning September 9, 2026, and the weighted lottery applies to the FY2027 registration season.
- Why
- The measures affect how employers sponsor workers, how applications are reviewed, how visa selections are made and how immigration authorities manage employment-based immigration.
Key facts
- H-1B extension surcharge
- A $4,000 fee applies from September 9, 2026, to qualifying extensions filed by employers with more than 50 employees where over half the workforce is on H-1B.
- FY2027 lottery weighting
- Wage Level I receives one lottery entry, Level II receives two, Level III receives three and Level IV receives four.
- Petition adjudication
- USCIS may deny certain petitions without first issuing an RFE or Notice of Intent to Deny when evidence is missing or insufficient.
- H-1B duration
- The general H-1B limit remains six years, with possible extensions under AC21 for certain workers in the employment-based green-card process.
- PERM processing
- The Department of Labor reported an average 336 calendar days for analyst-review PERM processing in August 2026; an attorney cited approximately 365 days.
- Indian green-card backlog
- The September 2026 Visa Bulletin lists EB-2 India as unavailable for final action and EB-3 India with a January 1, 2014 final-action date.
- $100,000 payment requirement
- The payment requirement for certain H-1B cases involving workers outside the United States is currently blocked by court rulings and remains under litigation.
- Proposed fee
- A separate $103,265 H-1B fee proposed by the Department of Homeland Security was described as only a proposal, with public comments open until September 24.
Quotes
Sai Srinivas Reddy Bhumireddy
Immigration attorney interviewed about the 2026 H-1B changes
“The change would extend these surcharges to include every extension and amendment, dramatically increasing the cumulative immigration cost burden on employers over a typical 6-year H-1B period, this could mean paying $8,000 to $12,000 or more in surcharges per worker rather than the current $4,000.”
financialexpress.com
“There’s a lot of scrutiny on international travel right now, and social media vetting is the main concern, along with visa appointments, where we’re still hearing of postponements.”
financialexpress.com
Kevin J Andrews
Immigration attorney discussing increased H-1B enforcement
“The Labor Department has opened more than 200 H-1B employer investigations since 2025.”
financialexpress.com
Sources
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