Navigate the new H‑1B landscape: learn about proposed fee changes, application timelines after the U.S. government shutdown and strategies to maximise your chances in the 2026 season.
USA • Temporary Work Visa • Validity: 3 years + 3‑year extension
The H‑1B visa remains one of the most sought‑after pathways for international professionals to live and work in the United States. This guide covers everything you need to know for the 2026 cycle: key dates, proposed fee increases, eligibility requirements, how the 2025 federal government shutdown temporarily halted applications, and why some employers are considering Canada’s new fast‑track route for H‑1B holders. Always verify information on the official U.S. government pages before submitting any paperwork.
What is the H‑1B visa?
The H‑1B is the United States’ principal work visa for foreign nationals in specialty occupations—jobs requiring at least a bachelor’s degree or equivalent experience in fields such as engineering, information technology, finance and healthcare. Employers must demonstrate that hiring a foreign worker will not negatively affect U.S. wages and conditions and that the role cannot be filled by a domestic applicant.
The visa is temporary but renewable. According to Southern Connecticut State University’s faculty guide, the initial period of stay is three years, and holders may apply for extensions of up to three additional years for a maximum duration of six years【33607911131035†L134-L140】. Time spent in other H or L classifications counts toward the six‑year limit. After a one‑year absence abroad, the clock can reset【33607911131035†L134-L145】.
There is an annual cap on new H‑1B visas: 65,000 under the regular quota and 20,000 reserved for applicants with U.S. master’s degrees. Employers affiliated with U.S. universities or nonprofit research institutions are generally cap‑exempt.
Successful H‑1B beneficiaries receive a status for themselves and their dependants (H‑4). Spouses with an Employment Authorization Document (EAD) may work in the United States under certain conditions.
What’s new in 2026?
The 2026 H‑1B cycle is unfolding against a backdrop of legislative proposals, processing delays and global competition for talent. The following are key developments you should monitor:
Government shutdown disruption
In late 2025, a U.S. federal government shutdown halted the Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) portal, preventing employers from obtaining Labor Condition Applications (LCAs). Newsweek reports that the DOL restored access on 31 October 2025, allowing employers to resume LCA submissions【432342995097549†L128-L146】. The backlog means you should start your application preparation early and expect longer processing times.
Proposed $100 k fee
In September 2025, U.S. political discussions included a proposal for an annual $100,000 fee on H‑1B visas. While not yet law, the idea has sparked concern among employers and applicants. Canada’s government reacted by announcing an accelerated pathway for H‑1B holders, highlighting the competition for global talent【851745713798715†L135-L170】.
Canada’s fast‑track route
Canada’s 2025 budget unveiled an accelerated pathway that targets U.S. H‑1B visa holders. Hindustan Times notes that Canada plans to attract skilled workers affected by the U.S. fee proposal by offering them a streamlined immigration process【851745713798715†L135-L170】. This underscores why companies worldwide must stay competitive in their immigration policies.
New digital systems
The U.S. Citizenship and Immigration Services (USCIS) has signaled that future H‑1B filings will move entirely online. Electronic registration has been mandatory since 2020, but for 2026 expect digital LCAs, petition filings and premium processing requests. Monitor updates on the USCIS website and ensure your employer’s account information is up‑to‑date.
2026 application timeline
USCIS typically opens the H‑1B registration window in March for the fiscal year beginning the following October. The exact dates vary each year, but a typical timeline looks like this:
| Stage | When (approx.) | What to do |
|---|---|---|
| Employer preparation | Dec 2025 – Feb 2026 | Draft job description, determine wage level, prepare documentation and create a USCIS online account. |
| USCIS registration | Mid‑March 2026 (10–14 days) | Employers register the beneficiary and pay the $10 fee. A random selection (lottery) is conducted if registrations exceed caps. |
| Selection results | Late March 2026 | USCIS notifies employers of selected beneficiaries. Unselected registrations remain valid until the end of the fiscal year in case of multiple selection rounds. |
| LCA filing | April 2026 onward | Employers file the Labor Condition Application with the DOL (1–2 weeks processing). Ensure wage compliance and public posting requirements. |
| Petition submission | April – June 2026 | Employers file Form I‑129 with USCIS, including the approved LCA and supporting documents. Premium processing may be available. |
| Start date | 1 Oct 2026 | H‑1B status begins for approved beneficiaries. Travel and work may commence once visa stamping is completed. |
Tip: Due to the backlog caused by the 2025 shutdown【432342995097549†L128-L146】, start the LCA process early and allow buffer time for document collection.
Proposed fees for 2026
The cost of sponsoring an H‑1B worker has always been significant. In 2026 the following fees may apply (subject to legislative changes):
- Registration fee: US$10 per beneficiary (expected to rise after 2026).
- Base filing fee: US$460 for Form I‑129.
- American Competitiveness & Workforce Improvement Act (ACWIA) fee: US$1,500 for employers with 26 or more employees; US$750 for smaller employers.
- Fraud prevention fee: US$500 (first‑time H‑1B petitions or for changing employers).
- Public Law 114‑113 fee: US$4,000 for companies with more than 50 employees if more than half are H‑1B or L‑1 workers.
- Premium processing: US$2,500 optional – provides a 15‑calendar‑day decision.
- Immigration attorney fees: Vary by firm and complexity (typically $1,500–$4,000).
An additional annual fee of $100,000 was proposed in 2025. As of this writing it remains only a proposal; no legislation has been enacted. Monitor official channels for updates and budget accordingly.
Eligibility requirements
To qualify for the H‑1B, both the employer and the beneficiary must meet specific criteria:
- Specialty occupation: The role must require a minimum of a bachelor’s degree or its equivalent in a field directly related to the job.
- Education: The beneficiary must possess at least a bachelor’s degree in a relevant field. Foreign degrees should be evaluated for U.S. equivalency by a credential evaluator.
- Labor Condition Application: The employer must obtain an approved LCA from the DOL, attesting that the worker will receive the prevailing wage and working conditions will not adversely affect U.S. workers.
- Employer‑employee relationship: There must be evidence of the employer’s right to hire, pay, supervise and fire the worker.
- Cap eligibility: Most employers are subject to the 65k/20k cap. Institutions of higher education, nonprofit research organisations and government research organisations are cap‑exempt.
- Maximum duration: Initial stay is three years; total stay cannot exceed six years【33607911131035†L134-L140】 unless the individual qualifies for an extension based on green card processing.
How to apply (step‑by‑step)
- Confirm eligibility: Review the specialty occupation criteria and ensure the role requires a degree. Evaluate your credentials.
- Find a sponsoring employer: Only U.S. employers can file H‑1B petitions. Use job boards, university career services and networking to secure an offer.
- Create an online account: Your employer must create a USCIS account and register the beneficiary during the H‑1B registration window. Pay the $10 registration fee.
- Prepare documents: Gather transcripts, degree evaluations, résumé, letters of experience, passport copies and certification exams. Employers should prepare an LCA and detailed job description.
- Submit the LCA: Employer files the LCA via the DOL’s FLAG portal. Post required notices at the worksite.
- File Form I‑129: After selection and LCA approval, the employer submits the I‑129 petition with fees, including supporting documents such as the LCA, educational proofs and employment letter.
- Wait for adjudication: USCIS will issue a receipt notice and eventually an approval, request for evidence (RFE) or denial. Premium processing can expedite this stage.
- Consular processing: If outside the U.S., schedule a visa interview at a U.S. consulate. Bring the approval notice (I‑797), passport and supporting documents. Pay the visa issuance fee and receive the H‑1B stamp.
- Arrive and start work: Enter the U.S. up to 10 days before your start date. Complete Form I‑9 and begin employment on the approved start date (typically 1 October).
Alternatives & permanent residency pathways
While the H‑1B remains the most common temporary work visa, it is not the only option. Here are other pathways worth considering:
O‑1 Visa
For individuals with extraordinary ability in science, arts, education, business or athletics. No annual cap and initially valid for three years with unlimited one‑year extensions. Suitable for highly accomplished professionals.
L‑1 Visa
For intra‑company transferees working in managerial or specialized knowledge positions. Allows multinational companies to transfer employees from a foreign office to a U.S. office. No labor certification is required.
TN Visa
Available to citizens of Canada and Mexico under the USMCA agreement. Requires a job offer in designated professions. Renewable indefinitely, making it attractive for North American professionals.
EB‑2 and EB‑3 Green Cards
Employment‑based permanent residency categories. The EB‑2 National Interest Waiver (NIW) allows self‑petitioning if your work benefits the U.S. national interest. EB‑3 requires a permanent job offer and labor certification.
Canada’s accelerated pathway for H‑1B holders—announced in 2025—offers a competitive alternative【851745713798715†L135-L170】. Under this program, you can apply for Canadian permanent residency if you have an H‑1B visa and meet Canada’s skilled worker criteria. Visit Canada’s official immigration site for details.
Top tips to maximise your chances
- Choose the right job title: Ensure the job title and duties clearly match your degree. Vague or generic titles invite RFEs.
- Use strong supporting evidence: Provide detailed letters of experience, transcripts and credential evaluations. Demonstrate that your degree is equivalent to a U.S. bachelor’s degree.
- Monitor wage levels: DOL wage levels change annually. Paying a Level 2 or Level 3 wage signals a more specialised role and may reduce the likelihood of RFEs.
- File early: Prepare documents months before the registration window. Early filings after selection help avoid backlogs from unexpected events like government shutdowns【432342995097549†L128-L146】.
- Consider premium processing: Although costly, premium processing can provide peace of mind by ensuring a response within 15 days.
- Plan for contingencies: Explore alternative visas (e.g. O‑1, L‑1) and other countries’ programs (e.g. Canada’s accelerated pathway【851745713798715†L135-L170】) in case you are not selected.
FAQs
Is the proposed $100 k H‑1B fee in effect?
No. As of November 2025 the $100,000 annual fee is only a proposal. Congress has not passed legislation implementing this fee. Monitor USCIS updates and trusted news sources for changes.
How long can I stay on an H‑1B visa?
The maximum stay is six years: an initial three‑year period plus an extension of up to three years【33607911131035†L134-L140】. Time spent in certain other non‑immigrant categories counts toward this cap. Extensions beyond six years are possible if you have a pending green card application.
What happens if my employer revokes my H‑1B?
You have a 60‑day grace period (or until your I‑94 expires, whichever is shorter) to find a new sponsor, change status or depart the U.S. Filing a new petition within this period allows you to remain in lawful status.
Can my spouse work in the U.S. on an H‑4 visa?
H‑4 dependants of H‑1B holders may apply for an Employment Authorization Document (EAD) if the primary H‑1B holder has an approved Form I‑140 (immigrant petition) or has extended H‑1B status beyond six years under the AC21 rules.
Does Canada’s accelerated pathway replace the H‑1B?
No. Canada’s program is an alternative for H‑1B visa holders who wish to immigrate permanently to Canada. It does not replace the U.S. H‑1B but provides another option if the U.S. environment becomes less favourable【851745713798715†L135-L170】.
© 2025 Jarovix.shop • Information in this article is provided for educational purposes only and does not constitute legal advice. Immigration policies change frequently; always consult official sources or qualified immigration attorneys before acting. Citations reference Newsweek’s report on the DOL shutdown【432342995097549†L128-L146】, Hindustan Times on Canada’s accelerated pathway【851745713798715†L135-L170】 and Southern Connecticut State University for H‑1B duration【33607911131035†L134-L140】.