H-1B rules now · Weavenly

Updated November 2, 2026

The $100,000 H-1B payment is not being collected: two federal courts set aside the policies that carry it out. The government has appealed and says it will collect if the orders are lifted.

The H-1B lottery is weighted by wage level: an offer at level IV gets four entries, level I one. It ran this way for the first time in March 2026.

Proposed, not in force: a $103,265 fee on every cap H-1B petition, higher prevailing wages, school fees of $70,000 and $30,000 for OPT, and the end of the 60-day grace period after a job loss.

This page is not legal advice. For your own case, talk to an immigration attorney.

The $100,000 payment: not collected for now

A presidential proclamation of September 19, 2025 (Proclamation 10973) required a $100,000 payment with new H-1B petitions filed from September 21, 2025. A second proclamation of September 18, 2026 (Proclamation 11069) extends it to September 21, 2027.

June 8, 2026: a federal court in Massachusetts (State of California v. Mullin) set aside the agency guidance that collects the payment. July 24, 2026: the First Circuit refused to pause that order.
September 30, 2026: a federal court in California (Global Nurse Force v. Trump, order) set aside the USCIS, State Department and CBP policies for both proclamations until the agencies go through notice and comment. The proclamations themselves stand.
Appeals are pending in three appeals courts. In December 2025 a court in Washington, D.C. upheld the payment (Chamber of Commerce v. DHS); its appeal has not been decided.
Even when it was collected, USCIS did not charge it for a change of status inside the US that it approved, such as F-1 or OPT to H-1B, nor for extensions and employer changes it approved for people already in H-1B inside the US. It applied to new petitions for workers outside the US.

The lottery: weighted by wage level

A final rule of December 29, 2025, in force since February 27, 2026, enters each registration once per wage level the offered wage meets: four times at level IV, three at level III, two at level II, once at level I. The FY2027 registration ran March 4 to 19, 2026, and USCIS announced the cap reached on July 17, 2026. The dates for FY2028 are not announced yet; registration is usually in March.

Proposed for employers, not in force

A $103,265 fee on every cap H-1B petition, including changes of status inside the US, on top of the $100,000 payment where both apply. Proposed August 25, 2026; comments closed September 24, 2026.
Higher prevailing wages for H-1B and green card (PERM) filings: level I would move from the 17th to the 34th percentile of local wages, level IV from the 67th to the 88th. Proposed by the Department of Labor on March 27, 2026.
Layoffs count: an executive order of September 18, 2026 tells the agencies to weigh an employer's recent or planned layoffs on its H-1B filings.

Students: OPT, status and internships

Proposed OPT fees: the school would pay $70,000 before recommending a student for OPT the first time and $30,000 for each later recommendation, including the STEM extension; it may pass the cost on. Only recommendations made 60 days or more after a final rule would be charged. Proposed October 8, 2026; comments close November 9, 2026.
Duration of status stays for now: a final rule of July 17, 2026 would replace it with fixed periods of up to four years and cut the grace period after studies from 60 days to 30. On September 14, 2026 a federal court in Massachusetts postponed it, so the 60 days still apply. The government has appealed.
CPT: since August 2026, SEVP guidance counts an internship as part of the program only if every student in it must do one, which leaves out most elective internships. Universities challenged it in court on October 5, 2026.

If you are already in H-1B

Proposed: no 60-day grace period after a job ends, for H-1B, L-1, O-1, TN and E workers. Proposed September 11, 2026; comments close November 10, 2026. Until a final rule, the 60 days apply.
Proposed: extensions judged from scratch, without deference to the earlier approval. Proposed October 14, 2026; comments close November 13, 2026.
In force: no automatic extension of work permits (EAD) on renewal, including H-4 and green card applicants. Final rule, October 14, 2026. File renewals early.
In force: fees. Premium processing costs $2,965 for an H-1B petition since March 1, 2026. Employers with 50 or more US staff, more than half of them in H-1B or L-1, pay a $4,000 fee on extensions too since September 9, 2026.

Getting the visa stamp

Since December 15, 2025, the State Department asks H-1B and H-4 applicants to make their social media profiles public for review.
Since autumn 2025, almost every H-1B applicant has an interview in person, and should apply in their country of nationality or residence. Plan travel around appointment wait times.

About this page

Each line is checked against the Federal Register, USCIS and the court orders on the date at the top, and changes when a rule or a ruling does. The data on the employer pages is the Department of Labor's filings, a different thing from these rules. This is not legal advice: for your own case, talk to an immigration attorney. Seen a change we missed? Write to hello@weavenly.app.