Updated October 7, 2026. Reviewed by Wen Luo, immigration attorney. Sources checked October 7, 2026.
Several H-1B rules changed in 2025 and 2026, and some of what was announced is not in effect today. As of October 7, 2026: the weighted selection process applies to cap registrations, the $100,000 proclamation payment is blocked by a court order, a higher 9-11 Biometric Fee applies to some employers since September 9, 2026, and a new $103,265 fee for cap-subject petitions is only a proposal.
H-1B changes at a glance
| Change | Status on October 7, 2026 | Who it affects |
|---|---|---|
| H-1B modernization final rule | In effect since January 17, 2025 | All H-1B employers |
| Weighted selection for cap registrations | In effect since February 27, 2026 (from the FY 2027 season) | Employers registering new cap-subject workers |
| $100,000 proclamation payment | Agency guidance vacated by a federal court; DHS is complying with the order for now | Certain new petitions for workers outside the U.S. |
| 9-11 Biometric Fee changes | In effect for filings on or after September 9, 2026 | Covered employers (50+ U.S. employees, more than half in H-1B or L-1 status) |
| Proposed $103,265 fee | Proposed rule only; not payable | Would apply to cap-subject petitions if finalized |
The $100,000 proclamation payment: blocked by a court order
A presidential proclamation dated September 19, 2025 required an additional $100,000 payment with certain H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, for beneficiaries who are outside the United States and do not have a valid H-1B visa. It also covered petitions that request consular notification, port of entry notification or pre-flight inspection (USCIS, H-1B Specialty Occupations).
USCIS now reports that on June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing the payment, and that on July 24, 2026, the First Circuit denied the government’s motion to stay that order. DHS says it will comply with the court’s order while it considers next steps, and that it still plans to collect the payment if the order is later lifted (USCIS).
What this means for employers: do not treat the $100,000 payment as a settled cost or as permanently gone. Check the USCIS H-1B page before you file a new petition for a worker outside the United States.
Weighted selection replaced the equal-odds lottery
For cap-subject registrations, DHS’s weighted selection rule took effect on February 27, 2026, in time for the FY 2027 registration season (Federal Register, final rule). If a selection is needed, each unique beneficiary is entered into the pool based on the highest Department of Labor OEWS wage level that the offered wage meets or exceeds:
- Wage level IV: entered four times
- Wage level III: entered three times
- Wage level II: entered two times
- Wage level I: entered one time
Registrants must now report that wage level in the registration (USCIS, H-1B Electronic Registration Process). In my experience, the wage level should be settled before registration opens, because it now affects both the odds of selection and the Labor Condition Application that follows.
Fees: what changed on September 9, 2026, and what is only proposed
In effect: a DHS final rule on the 9-11 Response and Biometric Entry-Exit Fee took effect on September 9, 2026. Covered employers, meaning those with 50 or more employees in the United States where more than 50 percent are in H-1B, L-1A or L-1B status, must include the fee with H-1B and L-1 petitions, including extensions. It does not apply to an amended petition that does not seek to extend the worker’s status (USCIS; Federal Register, final rule). Check current amounts in the USCIS fee schedule (Form G-1055).
Proposed only: on August 25, 2026, DHS proposed a $103,265 fee for H-1B cap-subject petitions, in addition to other fees and to any proclamation payment (Federal Register, proposed rule). Nothing is owed unless a final rule is published and takes effect. I explain who it would cover in Proposed $103,265 H-1B Fee: What Employers Should Know.
The H-1B modernization rule (in effect since January 17, 2025)
The DHS H-1B final rule took effect on January 17, 2025, together with a revised Form I-129. USCIS describes it as streamlining approvals, giving employers more flexibility to keep workers, and strengthening program integrity (USCIS alert).
One change matters for founders: a U.S. company in which the H-1B worker owns more than 50 percent, or has majority voting rights, can petition for that worker. The initial approval and the first extension are each limited to up to 18 months (8 CFR 214.2(h)(9)(iii)(E)). See H-1B for self-employed applicants.
What I suggest employers do now
- Separate cap-subject new hires from transfers and extensions. The weighted selection and the proposed $103,265 fee concern cap-subject cases; many transfers do not (see hiring an H-1B transfer: costs and timeline).
- Decide the offered wage and its OEWS wage level before the next registration period.
- If you are a covered employer under the 9-11 Biometric Fee rule, budget for it on extensions filed on or after September 9, 2026.
- Before filing for a worker outside the United States, check the current status of the $100,000 payment on the USCIS H-1B page.
Frequently asked questions
Do employers have to pay the $100,000 H-1B payment right now?
USCIS reports that the agency guidance implementing the payment was vacated by a federal court and that DHS is complying with that order while it considers next steps. DHS has said it still plans to collect the payment if the order is lifted, so check the USCIS H-1B page before filing.
Is the $103,265 fee the same as the $100,000 payment?
No. The $100,000 payment comes from a presidential proclamation. The $103,265 amount is a proposed USCIS fee for cap-subject petitions and is not in effect.
Does a higher wage guarantee selection?
No. A higher wage level gives a registration more entries in the selection pool, but selection is still random among the entries.
Plan your next H-1B filing
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This article is general information, not legal advice for your situation. H-1B rules are changing; check the sources linked above for the latest status.
About the Author
Wen Luo, JD, is the managing attorney of Luo & Associates Law Group, P.C. in New York, which she founded in 2018. She has more than 10 years of experience in U.S. immigration law and is a member of the American Immigration Lawyers Association (AILA).
Her practice focuses on employment-based immigration, including H-1B, L-1 (including L-1A/EB-1C for multinational companies), O-1, EB-1, EB-2 and EB-3 petitions, adjustment of status (I-485) and naturalization. She works with clients in English and Chinese.