Hey there, it’s me again – your go-to immigration expert. If you’ve been following H1bVisajobs.com, you already know that 2026 is shaping up to be one of the most challenging years for H-1B visa applicants and employers alike. I’ve been tracking these developments closely, and I need to tell you about the major changes coming your way.
The biggest headline? A new $100,000 fee on H-1B visa entry. Yes, you read that right. One hundred thousand dollars. This isn’t a typo, and it’s not a rumor. It’s happening, and it’s going to reshape how companies approach international hiring.
Understanding the New $100,000 H-1B Fee
Let me break this down for you. On September 19, 2025, President Trump signed a proclamation establishing this unprecedented fee on the entry of new H-1B visa holders. According to USCIS official guidance, this fee applies to all new H-1B entries starting in 2026.
Now, some administration officials have suggested this could become an annual fee for all H-1B holders. Commerce Secretary Howard Lutnick claimed that “all the big companies are on board” with this change. But let me tell you what actually happened after the announcement.
Major tech companies immediately started supporting lawsuits against the measure. Some urgently called H-1B employees to return to America within 24 hours. This doesn’t exactly scream “business support,” does it?
The Legal Battle: What You Need to Know
Here’s where things get interesting. In December 2025, U.S. District Court Judge Beryl A. Howell ruled against the U.S. Chamber of Commerce and the Association of American Universities in their lawsuit opposing the fee. But don’t lose hope yet.
The plaintiffs have appealed the ruling. There are other lawsuits in progress too. The first lawsuit filed was Global Nurse Force v. Trump in the Northern District of California. This case includes churches, unions, a pastor, professors’ groups, and a nurse staffing company as plaintiffs.
New Jersey Attorney General Matthew Platkin has submitted an amicus brief supporting the plaintiffs. Multiple states are watching this closely because the impact on H-1B hiring could be devastating for their economies.
Beyond the Fee: Other Restrictions Coming in 2026
The $100,000 fee isn’t the only challenge. Trump officials are planning new rules that would restrict H-1B eligibility and raise costs even further. Let me walk you through what’s expected.
First, there are stricter specialty occupation requirements coming. The definition of what qualifies as a “specialty occupation” is being narrowed. This means positions that previously qualified for H-1B status might not qualify anymore.
Second, increased documentation requirements are on the horizon. Employers will need to provide more evidence that American workers aren’t available for the position. The Department of Labor’s H-1B page outlines current requirements, but expect these to become more stringent.
Third, there’s talk of annual compliance audits. Companies sponsoring H-1B workers might face regular government audits to verify ongoing compliance. This adds administrative burden and cost.
What This Means for Different Groups
For Current H-1B Holders
If you’re already working on an H-1B visa, you might be wondering if these changes affect you. The short answer: it depends. The $100,000 fee primarily targets new entries, but there’s uncertainty about extensions and transfers.
My advice? Stay close to your employer’s immigration team. Make sure your documentation is impeccable. Consider exploring green card options if you haven’t already started that process.
For Employers
If you’re a company that relies on H-1B talent, 2026 requires a complete rethinking of your immigration strategy. The $100,000 fee alone could add millions to your annual costs if you sponsor multiple workers.
Some companies are already exploring alternatives. Remote work arrangements with employees staying in their home countries. Opening offices in Canada or other countries with more welcoming immigration policies. Investing heavily in domestic training programs.
For International Students
Here’s what frustrates me the most. During his campaign, Trump told podcasters in Silicon Valley that graduates should “automatically as part of your diploma get a green card.” Instead, we’re seeing the opposite.
International students now face more hurdles to remain and work in the U.S. after graduation. This is particularly concerning because approximately 70% of full-time graduate students in AI-related fields are international students. If you’re an F-1 student, check out our guide on F-1 to H-1B transitions.
The Economic Reality
Let me share some numbers that should concern everyone. According to the National Foundation for American Policy, current immigration policies could reduce the U.S. workforce by 6.8 million workers by 2028.
That’s not a small number. That represents a significant chunk of our labor force disappearing. And the economic growth implications? NFAP estimates these policies could lower annual economic growth by almost one-third.
The Bureau of Labor Statistics already shows a decline of 1.1 million foreign-born workers since January 2025. The Congressional Budget Office had projected very different numbers. The gap between projections and reality is over 2 million workers.
Stephen Miller’s Influence
I need to talk about the elephant in the room. White House Deputy Chief of Staff Stephen Miller has significant influence over immigration policy. According to immigration attorneys, his approach treats Trump’s positive statements about H-1B visas “as if they came from an eccentric relative visiting for the holidays.”
Trump has repeatedly said positive things about H-1B visas. In December 2024, he said he’s “always liked the visas” and used them on his own properties. In November 2025, he defended the program on Fox News, explaining that “you don’t have certain talents” domestically.
Yet the policies being implemented tell a different story. This disconnect is important for you to understand because it creates uncertainty about future directions.
What Can You Do Right Now?
I know this is a lot of bad news. But there are steps you can take to protect yourself and your career.
First, document everything. Keep copies of all your immigration paperwork. Make sure your I-94 is current. Have your employment authorization documents easily accessible.
Second, stay informed. The legal landscape is changing rapidly. Subscribe to immigration law updates. Check our resources regularly for the latest developments.
Third, explore alternatives. If you’re eligible for other visa categories, consider them. O-1 visas for extraordinary ability. L-1 visas for intracompany transfers. EB-1 green cards for outstanding researchers.
Fourth, build your network. Connect with other H-1B holders. Join professional associations. Having a support system helps you navigate challenging times.
Looking Ahead
The outlook for 2026 is challenging but not hopeless. Lawsuits are working their way through courts. Business groups are advocating for changes. Some members of Congress are pushing back.
The key is to stay prepared and stay informed. The immigration landscape can change quickly – for better or worse. Your best defense is being proactive about your status and having backup plans in place.
I’ll continue monitoring these developments and sharing updates. Make sure you’re subscribed to our newsletter and check back regularly. We’re in this together.
Frequently Asked Questions
Q: Does the $100,000 fee apply to H-1B extensions?
A: The current proclamation targets new H-1B entries. However, there’s uncertainty about whether it will expand to extensions. Stay in close contact with your employer’s immigration attorney for the latest guidance.
Q: Can my employer pay the $100,000 fee for me?
A: Yes, employers can pay this fee. Many companies that continue sponsoring H-1B workers will likely absorb this cost, though it may affect how many positions they sponsor overall.
Q: What happens to pending H-1B petitions?
A: Pending petitions filed before the new rules took effect should proceed under the old rules. However, USCIS has indicated it may “re-review” previously approved cases, creating uncertainty.
Q: Should I transfer to a cap-exempt employer?
A: Cap-exempt employers (universities, research institutions, nonprofits) may offer more stability. However, the $100,000 fee could still apply to new positions. Research thoroughly before making any decisions.
Q: How do these changes affect premium processing?
A: Premium processing remains available for an additional fee. With increased uncertainty, many employers are using premium processing to get quicker decisions on pending cases.
Q: What alternatives exist if H-1B becomes too expensive?
A: Consider O-1 visas for extraordinary ability, L-1 for intracompany transfers, or exploring employer sponsorship for a green card directly. Each has different requirements and timelines.