H‑1B in 2026: Myths Debunked and Rules You Need to Know

The U.S. still uses a beneficiary‑centric H‑1B lottery in 2026, even as a high‑profile White House proclamation added a $100,000 payment requirement for many new cases filed from abroad. Here’s what actually changed—and what didn’t—so employers and workers can plan with clarity.

What Actually Changed

On September 19, 2025, the White House issued a proclamation restricting entry for certain H‑1B workers unless the petition is accompanied by a $100,000 payment. The measure took effect at 12:01 a.m. on September 21, 2025, and is set to expire 12 months later unless extended. Agency guidance clarifies that the payment applies to new H‑1B applications after that time, with case‑by‑case national‑interest exceptions. The rule chiefly targets new applicants outside the United States, and does not apply to routine extensions already in status. (White House; USCIS FAQ, both September 2025.)

Separately, USCIS modernization steps that predate the proclamation remain in force. A revised Form I‑129 (edition 01/17/25) became mandatory on January 17, 2025. For the FY 2026 cap season, USCIS also set the electronic registration fee at $215 and continued the organizational account system for employers and counsel. (USCIS, January 15 and February 5, 2025.)

What Didn’t Change

The core framework of the H‑1B cap remains intact: 65,000 visas under the regular cap plus 20,000 for U.S. advanced‑degree holders. USCIS confirmed it reached the FY 2026 cap on July 18, 2025. (USCIS, July 18, 2025.)

Selection is still random among unique beneficiaries. USCIS’s beneficiary‑centric process—introduced to curb duplicate registrations—continues, meaning each person gets a single chance regardless of multiple employer entries. There is no wage‑based replacement of the lottery in effect as of February 6, 2026. (USCIS, March 31 and February 5, 2025.)

Why This Matters Now

The $100,000 payment has elevated costs and uncertainty for employers recruiting talent from abroad, and it has already drawn legal challenges from major business groups. Lawsuits could alter or narrow the policy, so companies should monitor court outcomes alongside USCIS updates. (Bloomberg, October 2025.)

In practical terms, employers should budget for the $215 registration fee, verify they are using the correct I‑129 edition, and align timelines with USCIS’s beneficiary‑centric selection cycle. For candidates abroad, confirm whether the proclamation’s payment applies, and whether a national‑interest exception might be available.

What’s Next

The proclamation’s restrictions are scheduled to lapse on September 21, 2026, unless extended. USCIS typically opens cap registration in March; check the agency site for the FY 2027 window and any new guidance that may follow pending litigation or further executive action.

Sources

• Restriction on Entry of Certain Nonimmigrant Workers — The White House (September 19, 2025)
• H‑1B FAQ — USCIS (September 21, 2025)
• FY 2026 H‑1B Cap Initial Registration Period Opens on March 7 — USCIS (February 5, 2025)
• FY 2026 H‑1B Initial Registration Selection Process Completed — USCIS (March 31, 2025)
• USCIS Reaches Fiscal Year 2026 H‑1B Cap — USCIS (July 18, 2025)
• H‑1B Final Rule and Revised Form I‑129 Effective Jan. 17, 2025 — USCIS (January 15, 2025)
• US Chamber of Commerce Sues Over Trump’s $100,000 H‑1B Visa Fees — Bloomberg (October 16, 2025)
• The Truth About the H‑1B Visa in 2026: Myths, Misconceptions, and Reality — Reddy Neumann Brown PC (January 2026)