Key Takeaways

• The H-1B visa is a temporary U.S. work visa for specialty occupations.
• Starting in 2026, new petitions will cost $100,000; however, current holders and renewals are exempt.
• A new proclamation in 2025 restricts some entry rules for H-1B workers abroad.
• Many use the H-1B visa as a pathway to a green card, but the timelines depend on the country of origin.
• Students, workers, and employers all need to prepare for these shifts.

What is the H-1B Visa?

The H-1B is a non-immigrant visa for skilled jobs requiring a bachelor’s degree or higher.

• Length: 3 years, renewable up to 6.
• Cap: 65,000 regular visas + 20,000 for advanced U.S. degree holders.
• Common fields: Tech, finance, healthcare, academia, research.

It’s often the next step for international students after an F-1 visa.

Who Qualifies for an H-1B?

• Must have a U.S. employer sponsor.
• The job must be in a specialty occupation.
• Education and experience must match job requirements.
• Employer must pay the prevailing wage for the position.

How the H-1B Process Works

1. Employer files a petition.
2. Applications exceeding the cap go into a lottery system.
3. Selected petitions go through processing and interviews.
4. Approval allows work authorization in the U.S.

New 2025/2026 Changes: What You Must Know

$100,000 H-1B Fee (Effective 2026)

• Applies to new petitions only.
• Renewals and current holders are not affected.
• Employers are responsible for paying, although costs may be indirectly shifted to applicants.

Entry Restrictions

• A new proclamation restricts some H-1B workers outside the U.S. from entering immediately.
• Those already in the U.S. are not impacted.
• Travelers should confirm re-entry risks before leaving the country.

Wage Adjustments

• The government plans to raise minimum wage levels for H-1B roles.
• The lottery may prioritize higher-paid jobs or advanced degrees.

How H-1B Connects to Green Cards

• H-1B is temporary; a green card is permanent residency.
• Many workers transition from H-1B to a green card through employer sponsorship.
• Wait times vary:
  • India and China face the longest backlogs.
  • Other countries may see faster processing.

Immigration Agencies: Who Does What?

• USCIS: Processes visa petitions, green cards, and naturalization.
• ICE: Enforces immigration law, including overstays or unauthorized work.
• CBP: Handles border and airport entry, even for valid visa holders.

H-1B Lottery Selections (Sample Table)

Year	Applied	Selected	Selection Rate
2023	780,884	85,000	10.9%
2024	470,342	85,000	18.1%
2025	TBD	TBD	TBD

H-1B Visa Fees Comparison

Year	Base Filing Fees	New 2026 Fee
2024	$1,710 – $6,460	N/A
2026	Same base + $100,000	Applies to new petitions only

Green Card Timeline by Country

Country	Average Wait Time	Notes
India	10+ years	Employment-based backlog
China	5–8 years	Backlogs vary
Rest of World	2–4 years	Faster approval

What To Do Now

Students

• Research if your field counts as a specialty occupation.
• Consider OPT/STEM OPT as a bridge to H-1B.
• Monitor lottery chances year by year.

Workers

• Confirm if your employer will cover the new fee.
• Explore alternative visas (L-1, O-1, E-2).
• Keep documents updated for travel and CBP re-entry.

Employers

• Budget for $100,000 per new petition starting in 2026.
• Review wage requirements to stay compliant.
• Plan for talent shortages or consider global hiring hubs.

Alternatives to the H-1B Visa

If the H-1B becomes too expensive or competitive, other visas may work:

• O-1 Visa: For people with extraordinary ability in the arts, sciences, or business.
• L-1 Visa: For employees transferred within the same company.
• E-2 Visa: For entrepreneurs from treaty countries.
• F-1 Student Visa with OPT/STEM OPT: For international students who want work authorization after graduation.

And globally, destinations like Canada, Australia, the UK, and Germany are positioning themselves as alternatives for skilled workers.