Why It Matters
The Trump administration has pursued a series of H-1B executive and regulatory actions in 2026 aimed at raising employer costs, tightening scrutiny and restricting workers' options, according to a new Congressional Research Service (CRS) report. The actions span fee increases, a weighted visa lottery, proposed wage hikes and new enforcement measures, building on changes made in 2025.
The Trump Administration imposed a $100,000 fee in September 2025 on employers petitioning for new H-1B workers from abroad, and that fee is currently temporarily blocked due to ongoing litigation. During the first eight months the fee was in effect, initial H-1B petitions for consular processing from cap-exempt employers dropped 91% from the prior-year period.
The Big Picture
In February, the Department of Homeland Security (DHS) implemented a weighted lottery in place of random selection, designed to favor higher-skilled and higher-paid workers, with the first affected lottery covering employment starting October 2026.
In March, the Department of Labor (DOL) published a proposed rule to raise prevailing-wage floors across all skill levels, including lifting the fully competent Level IV floor from roughly the 67th percentile to the 88th percentile of the relevant wage distribution. DOL estimated the changes would raise H-1B employer costs by approximately $1.46 billion in the first year.
In August, DHS issued a proposed rule to establish a separate $103,265 fee on each cap-subject petition and a final rule extending the existing $4,000 9-11 Biometric Fee to H-1B and L-1 extension petitions, with that fee scheduled to sunset Sept. 30, 2027.
President Trump issued an executive order in September requiring agencies to take into account whether an employer had engaged in or planned layoffs in processing H-1B petitions and related applications. Current law does not bar employers with recent layoffs from hiring H-1B workers.
In October, DHS issued a rule ending automatic work-authorization extensions for H-1B spouses, effective Oct. 14, and a proposed rule to remove deference to prior U.S. Citizenship and Immigration Services eligibility determinations for extension petitions. DHS is also considering removing H-1B spouses' work-authorization eligibility altogether.
The Bottom Line
The proposed rule on prior deference carries a public-comment deadline of Nov. 13, 30 days after its Oct. 14 publication. The prevailing-wage rule, the $103,265 fee rule and the proposed elimination of the 60-day grace period are all proposed rules, not final rules.
The administration is reshaping the H-1B program primarily through executive and agency action, leaving Congress to decide whether to legislate, conduct oversight or leave the changes in place.
Access the Legis1 platform for comprehensive political news, data, and insights
Spot something wrong? Report an issue with this article
