H-1B visas are getting harder to pin down in 2026. The Trump administration wants agencies to weigh a company’s recent layoffs before approving new petitions. They’ve also extended that $100,000 filing fee for another year. And now DHS is proposing a brand new $103,265 fee on cap-subject H-1B filings. That’s a lot of moving parts — for employers who sponsor foreign talent, for H-1B holders trying to keep their status, and for F-1 students hoping to make the jump. If any of this touches your business or your visa, don’t wait until your next filing to figure out what changed. Protect your rights — we handle the rest.
Background: What This Means
Here’s the quick version. H-1B visas let U.S. companies bring in foreign workers for specialty occupations — engineering, IT, finance, you name it. Usually that means a bachelor’s degree or higher. Starting September 27, 2026, three changes are rewriting how this program works:
1. Layoff reviews. USCIS and the DOL now have to look at a company’s recent layoffs before signing off on H-1B petitions and labor condition applications. Translation? If your company cut U.S. workers in similar roles right before — or while — sponsoring an H-1B employee, expect agencies to ask questions.
2. The $100,000 fee, extended. A presidential proclamation first imposed a $100,000 fee on certain H-1B petitions filed for workers outside the United States. That fee, originally set to expire, has now been extended for another year, through September 2027. This fee generally applies to new petitions filed on behalf of workers who are outside the U.S. at the time of filing, not to routine extensions for workers already inside the country. Details are published through the White House and referenced in USCIS guidance at uscis.gov.
3. A new $103,265 cap-subject fee, proposed. DHS has proposed a separate rule that would add a $103,265 fee to H-1B petitions subject to the annual numerical cap, intended to recover costs of administering the program. This is a proposed rule, not yet final. It would go through the standard Federal Register notice-and-comment process before taking effect. Employers should watch the Federal Register (federalregister.gov) and USCIS announcements for the final rule text, effective date, and any exemptions.
How This Affects Employers and H-1B Workers
These changes touch nearly everyone connected to the H-1B program:
- Employers who have conducted layoffs may face closer review of new H-1B petitions, even if the layoffs were unrelated to the sponsored position. Documentation showing the layoffs did not affect similarly situated U.S. workers may become more important.
- Employers sponsoring workers currently outside the U.S. should budget for the extended $100,000 fee when planning new hires, transfers, or consular processing cases through September 2027.
- Employers planning to enter the H-1B cap lottery for future fiscal years should watch for the final version of the proposed $103,265 fee, since it could significantly raise the cost of hiring new cap-subject workers if adopted.
- H-1B workers and their families may see longer processing times as agencies apply additional review steps, and international students on F-1 status hoping to move into H-1B status should plan for possible added costs and scrutiny.
Companies that use other employment-based categories, such as L-1A visas for managers and executives or L-1B visas for specialized knowledge workers, are not directly subject to these H-1B fees, but should still confirm which visa category best fits their business plans given the shifting rules.
What You Should Do Now
Whether you are an employer or an H-1B worker, a few practical steps can help you avoid delays or unexpected costs:
- Review recent layoffs. If your company has had layoffs in the past six to twelve months, gather documentation about the positions affected and how they relate (or do not relate) to any H-1B role you plan to sponsor.
- Budget for fees early. Factor the extended $100,000 fee, and the possible new $103,265 cap-subject fee, into hiring and immigration budgets before you file.
- Check worker location before filing. Because the $100,000 fee generally applies to petitions for workers outside the U.S., confirm your worker’s location and consider timing of filings carefully.
- Monitor official sources. Track updates directly from uscis.gov, dol.gov, and the Federal Register, since fee amounts and effective dates can change quickly.
- Consider alternative visa categories. Depending on your background, categories such as an EB-2 visa with a national interest waiver may offer a longer-term path that is less dependent on annual H-1B cap rules.
How Tez Law P.C. Can Help
Tez Law P.C. assists employers and individuals with H-1B petitions, cap-subject filings, and related employment-based immigration matters nationwide. The firm can review a company’s layoff history and staffing records to help prepare supporting documentation for an H-1B filing, and can advise on fee obligations, filing timing, and alternative visa strategies. Attorney JJ Zhang (State Bar of California #326666) and the firm’s immigration team can also help H-1B workers understand how these changes may affect a pending case or a future petition.
Frequently Asked Questions
Does the $100,000 fee apply to my current H-1B extension?
Generally, the $100,000 fee applies to certain new H-1B petitions filed for workers who are outside the United States at the time of filing, not to routine extensions for workers already in the U.S. However, rules can change, so it is important to confirm current guidance from USCIS before filing.
Is the $103,265 cap-subject fee final?
As of September 27, 2026, this fee is a proposed rule from DHS, not yet final. It must go through the Federal Register comment process before it can take effect, and the final amount or effective date could change.
Can layoffs at my company stop an H-1B petition from being approved?
A layoff does not automatically disqualify an employer from H-1B sponsorship, but agencies may now review layoff history more closely. Keeping clear records about the roles affected and how they relate to the sponsored position can help address any questions during adjudication.
What happens if my H-1B petition is delayed because of these new reviews?
Delays can affect start dates, travel plans, and status maintenance. Workers should avoid gaps in status and consider consulting an attorney about options such as extensions, changes of status, or, in more serious situations, understanding removal proceedings if status lapses.
Are there alternatives to H-1B sponsorship for my employee?
Depending on the worker’s role, education, and employer structure, options may include L-1 visas for multinational transfers, O-1 visas for individuals with extraordinary ability, or employment-based green card categories. An immigration attorney can help evaluate which path fits a specific case.
H-1B rules are changing quickly in 2026, and employers and workers alike face new costs and review procedures. If your company is planning an H-1B filing, or if you hold H-1B status and want to understand how these changes may affect your case, consider scheduling a consultation with Tez Law P.C. to discuss your specific situation and next steps.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact Tez Law P.C. at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.