H-1B filing season begins under new rules and $100K visa fee faces pushback - EB5Investors.com

H-1B filing season begins under new rules and $100K visa fee faces pushback

EB5Investors.com Staff
H-1B visa

Starting April 1, 2026, H-1B visa applicants selected in the H-1B lottery for the 2027 fiscal year may submit their complete applications.

The U.S. Citizenship and Immigration Services (USCIS) completed the new weighted selection process on March 31, which was introduced earlier in 2026, in place of the traditional random lottery.

“USCIS selected enough beneficiaries with properly submitted registrations to reach the H-1B cap and notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for those beneficiaries,” the agency stated in a news alert.

Selected applicants are required to file their H-1B cap-subject petitions accurately and promptly. This process can be done either at the designated filing location or online. The filing period will extend for a minimum of 90 days starting April 1. Additionally, petitioners must include a copy of the selection notice relevant to their application and pay the new $100K application fee, effective as of September.

Potential changes to who can avoid paying the H-1B fee and wage calculations

Other updates regarding the H-1B visa include talks about changes to fee exemptions and wage calculations.

In March, lawmakers proposed a bill to eliminate the $100,000 visa fee for foreign healthcare workers, such as doctors and nurses, to ease their financial burden.

A bipartisan group of U.S. House lawmakers, including Representatives Mike Lawler, Sanford D. Bishop Jr., Maria Elvira Salazar, and Yvette Clarke, introduced the H-1Bs for Physicians and the Healthcare Workforce Act. This bill aims to help hospitals hire foreign medical staff and is supported by the American Hospital Association and the American Medical Association.

Additionally, Representative Bonnie Watson Coleman is advocating for the Welcoming International Success Act (WISA Act), which also seeks to eliminate this fee. Both bills are currently being reviewed by committees.

Meanwhile, the U.S. Department of Labor (DOL) is considering revisions to prevailing wage calculations for various visa programs, including the H-1B visa, based on updated data, with a public comment period currently open.

Additionally, temporary pauses in H-1B visa hiring have been approved in Texas and Florida for public educational institutions, affecting the recruitment of faculty, researchers, and staff. Iowa is also contemplating similar initiatives to manage visa-related staffing concerns.

Also, the three separate legal challenges regarding the $100,000 fee are ongoing. Additionally, there is increased online scrutiny on applicants, including H-1Bs.

DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.