US Visa & Immigration Changes 2026: H-1B $100K Fee, 75-Country Pause & More

US immigration policy in 2026 looks nothing like it did a year ago. Since September 2025, a rapid succession of executive actions, fee increases, processing changes, and country-specific pauses have reshaped almost every visa category. The changes are not hypothetical or pending — they are already in effect, and more are arriving monthly.

This article is a comprehensive, chronological guide to every major US visa and immigration change from September 2025 through March 2026. We cover what changed, when it took effect, who it affects, and what alternatives exist. Whether you are an H-1B holder, an employer sponsoring foreign workers, an international student, or a family navigating immigrant visa delays, this is the reference you need.

Disclaimer: Immigration law changes rapidly. This article reflects policies as of March 11, 2026. Always verify current requirements with USCIS, the Department of State, or a qualified immigration attorney before making decisions.

Timeline of Major Changes: September 2025 – March 2026

Here is a month-by-month breakdown of the most significant policy changes. Each is covered in greater detail in the sections that follow.

September 2025

• Sep 8–9: EB-1, EB-2, EB-3, and EW (other worker) employment-based green card categories all reached their annual caps, halting new approvals for the remainder of fiscal year 2025.
• Sep 18: Interview waiver policies updated, narrowing eligibility for waiver-based visa renewals at consular posts.
• Sep 21: The $100,000 H-1B fee took effect via Presidential Proclamation, applying to all new H-1B petitions for workers outside the United States. This is the single largest fee increase in the history of the H-1B program.
• Sep 21: Tighter entry restrictions imposed on certain nonimmigrant worker visa categories, adding documentation requirements and enhanced review at ports of entry.

December 2025

• Dec 3: Expanded vetting procedures for H-1B holders and H-4 dependents, including enhanced background screening and more frequent Requests for Evidence (RFEs).
• Adjudication location changes: both immigrant and nonimmigrant visa applicants are now required to apply at the US embassy or consulate in their home country, rather than at third-country posts. This effectively eliminates “consular shopping.”
• Diversity Visa (DV lottery) program modifications: passport requirement at entry and enhanced fraud vetting for DV winners.

January 2026

• Jan 8: Visa bonds introduced for nationals of certain countries, requiring a financial deposit as a condition of visa issuance. The bond is forfeited if the visa holder overstays or violates terms of admission.

February 2026

• Immigrant visa pause for 75 countries— applications placed on hold while the Department of State implements stricter “public charge” screening criteria. Affected applicants received no advance notice and have been given no timeline for resumption.
• Feb 26:The “Preventing Public Benefits Reliance” policy formalized stricter public charge determinations, expanding the definition of benefits that count against applicants and raising income thresholds.
• Limited visa services at US embassies in Jerusalem, Tel Aviv, and Lebanon due to regional security tensions related to the Iran conflict. Routine visa appointments suspended indefinitely.

March 2026

• Mar 1: Premium processing fee increases took effect. H-1B premium processing rose to $2,965 (from $2,805). H-2B, R-1, and student categories rose to $1,780 (from $1,685). I-140 (employment-based green card petition) premium processing rose to $2,965.
• Mar 4–19: FY 2027 H-1B cap registration period opened. The $100,000 supplemental fee was confirmed to apply for this cap season.
• Updated Form I-129: Employers must now provide significantly more detail about job requirements, wage levels, and the specific duties that require a specialty occupation worker.
• Mar 11: Enhanced vetting rule for Diversity Visa winners published in the Federal Register, codifying the December 2025 policy changes.

The $100,000 H-1B Fee: The Biggest Story

No single policy change has generated more attention — or more legal controversy — than the $100,000 supplemental fee on new H-1B petitions. Here is exactly how it works, who pays, and what alternatives employers are pursuing.

What the fee covers

The fee applies to new H-1B petitions filed on or after September 21, 2025, for workers who are outside the United States at the time of filing. It was imposed by Presidential Proclamation, not through the standard rulemaking process, which is one reason it faces legal challenges.

Who is exempt

• Workers already in H-1B status inside the United States who are extending or amending their petition
• H-1B renewals for workers who have already been admitted under an H-1B
• Cap-exempt employers (certain universities, nonprofit research organizations, and government research entities)

Who pays

The employer is the petitioner and bears the legal responsibility for the fee. However, early reports indicate that some employers are structuring compensation packages to effectively pass the cost to workers through lower base salaries or signing bonus clawbacks. USCIS has not issued guidance on whether such arrangements violate the fee’s intent.

Legal challenges

Multiple lawsuits challenging the fee are pending in federal courts. The primary arguments are that a Presidential Proclamation cannot impose a fee of this magnitude without Congressional authorization, and that the fee is effectively a tariff on labor. As of March 2026, no court has issued an injunction — the fee remains in effect while litigation proceeds. Immigration attorneys recommend that employers budget for the fee but track legal developments closely.

The employer response: alternatives to H-1B

The $100,000 fee has accelerated a shift that was already underway. Companies are increasingly turning to alternative visa categories that avoid the H-1B lottery, the cap, and the new fee:

• L-1 (Intracompany Transferee): No lottery, no annual cap, no $100,000 fee. Requires the worker to have been employed by the company (or a subsidiary/affiliate) abroad for at least one year. Companies are establishing or expanding foreign offices specifically to create L-1 transfer pipelines.
• O-1 (Extraordinary Ability):No cap, no lottery, no supplemental fee. Requires demonstrating extraordinary ability in the applicant’s field. Tech companies are investing in stronger O-1 petition packages, including published research, patents, and industry recognition.
• EB-1A (Outstanding Researcher/Professor): A green card category that bypasses the H-1B entirely. Requires meeting a high evidentiary standard but provides permanent residency directly.
• E-2 (Treaty Investor): Available to nationals of treaty countries who make a substantial investment in a US business. No cap, no lottery, but requires citizenship from a treaty country and a real business investment.

75-Country Immigrant Visa Pause

In February 2026, the Department of State paused immigrant visa processing for nationals of approximately 75 countries. The pause affects family-sponsored and employment-based immigrant visa applications that are processed at overseas consular posts.

What triggered the pause

The stated rationale is the implementation of stricter “public charge” determinations under the “Preventing Public Benefits Reliance” policy (formally published February 26, 2026). The Department of State has indicated that it needs time to train consular officers on the new standards and update screening procedures before resuming adjudications.

What “public charge” means

The public charge rule assesses whether an immigrant is likely to become primarily dependent on government benefits. The 2026 policy expands the definition of counted benefits, raises the income threshold that applicants must demonstrate, and gives consular officers more discretion to deny applications based on age, health, education, and employment history.

Who is affected

The full list of 75 countries has not been officially published, but reporting indicates it disproportionately affects applicants from countries in Sub-Saharan Africa, South Asia, Central America, and the Caribbean. Applicants who were already in the pipeline — some of whom have waited years for their priority date to become current — received no advance notice of the pause.

What to do if you are affected

• Do not assume your case has been denied — it is paused, not rejected
• Continue to maintain your eligibility and keep documentation current
• Consult an immigration attorney about whether adjustment of status (if you are already in the US) may be an alternative path
• Monitor the Department of State’s monthly visa bulletin for updates

Fee Increases Across the Board

The March 2026 premium processing fee increases are just the latest in a pattern of rising costs across the immigration system. Here is a comparison of key fees:

Beyond premium processing, the overall cost of an H-1B petition for a new hire from abroad can now exceed $110,000when accounting for the $100,000 supplemental fee, the base I-129 filing fee ($1,730), the ACWIA training fee ($750–$1,500), the fraud prevention fee ($500), premium processing ($2,965), and attorney fees. For context, this total exceeds the starting salary of many of the positions these visas are used to fill.

Green Card Backlogs: EB Categories at Capacity

The employment-based green card system reached its annual cap in September 2025, earlier than in recent years. All four primary EB categories — EB-1 (priority workers), EB-2 (advanced degree professionals), EB-3 (skilled workers), and EW (other workers) — hit their limits within days of each other.

What this means in practice

• No new employment-based green card applications can be approved until the new fiscal year begins (October 2026)
• Applicants from India and China continue to face the longest backlogs, with EB-2 and EB-3 wait times estimated at 10–15+ years for Indian nationals
• The Visa Bulletin for March 2026 shows minimal forward movement in priority dates for most EB categories
• Workers stuck in the green card backlog remain dependent on H-1B renewals, creating a cascading effect where the $100,000 fee and enhanced vetting compound existing delays

The green card backlog is not a new problem, but the combination of annual caps being reached early, higher fees, and enhanced vetting creates a system where skilled workers can spend a decade or more in temporary status with no clear path to permanent residency.

Embassy Disruptions and Reduced Services

Regional security tensions — particularly related to the Iran conflict — have disrupted visa services at multiple US embassies in the Middle East.

• Jerusalem and Tel Aviv: Routine immigrant and nonimmigrant visa appointments suspended indefinitely. Only emergency and diplomatic services available.
• Beirut, Lebanon: Embassy operating at minimal capacity. Visa interviews not being scheduled for the foreseeable future.
• Broader impact:Applicants who would normally interview at these posts must now apply from their home country — which, combined with the new adjudication location requirements, creates significant logistical challenges.

Applicants affected by embassy closures should monitor the Department of State’s travel advisory page and contact the nearest operational consular post for guidance on rescheduling.

Broader Policy Context

The individual changes listed above are part of a broader policy direction that affects nearly every corner of the immigration system:

• I-9 workplace enforcement: DHS has intensified workplace audits and I-9 compliance reviews. Employers face fines of up to $2,789 per violation for first offenses and up to $27,894 for repeat violations.
• Refugee re-vetting: A DHS memo directs the re-vetting of refugees who have not obtained a green card within one year of admission, a departure from previous policy where refugee status provided a more stable path to permanent residency.
• DACA under pressure:The Deferred Action for Childhood Arrivals program faces ongoing legal challenges, and no new applications are being accepted. Current DACA holders can renew, but the program’s long-term future remains uncertain.
• TPS restrictions: Temporary Protected Status designations for several countries are under review and have not been renewed for some nationalities, affecting hundreds of thousands of current holders.
• Humanitarian parole limits: Parole programs that previously provided temporary legal status for nationals of certain countries have been curtailed or ended.

What This Means for Different Groups

Tech workers and H-1B holders

The $100,000 fee fundamentally changes the economics of H-1B sponsorship. For workers already in H-1B status inside the US, the immediate impact is limited to enhanced vetting and potential RFEs on extensions. But for anyone seeking a new H-1B from abroad, the fee creates a significant barrier. Many tech companies are already restructuring their global hiring to route through L-1 transfers from foreign offices or invest in stronger O-1 petitions.

If you are an H-1B holder considering your options, our complete guide to moving to the United States covers the full landscape of work visa options.

International students (F, M, J visas)

Students on F-1 visas are not directly subject to the $100,000 fee while in student status. However, the transition from student to worker status has become considerably harder:

• OPT (Optional Practical Training) and STEM OPT remain available, but the path from OPT to H-1B now carries the $100,000 fee if the student leaves the US and needs a new H-1B petition
• Premium processing fee increases affect change-of-status applications
• Enhanced I-129 documentation requirements mean employers must invest more time and legal resources in sponsoring former students

Families and immigrant visa applicants

Family-sponsored immigrants face the compounding effects of the 75-country visa pause, stricter public charge determinations, and embassy disruptions. For families already separated by the immigration process, these changes extend wait times that were already measured in years.

The public charge rule expansion is particularly impactful for family-based immigration, where sponsors must demonstrate that the immigrant will not become dependent on government benefits. Higher income thresholds and broader benefit definitions make it harder for lower-income American sponsors to bring family members to the US.

Employers and HR compliance

Companies sponsoring foreign workers face a dramatically different cost and compliance landscape:

• The total cost of bringing an H-1B worker from abroad can now exceed $110,000 in government fees alone
• Updated Form I-129 requires more granular job descriptions and wage documentation
• I-9 audit exposure has increased, with higher penalties and more frequent site visits
• Many companies are shifting sponsorship strategies toward L-1, O-1, and direct EB-1A green card petitions

People considering leaving the United States

Ironically, stricter immigration enforcement is also a factor for people on the other side of the equation — Americans and US residents who are considering leaving the United States. The tightening of the US immigration system coincides with growing interest in relocation abroad, a trend our AmerExit data analysis covers in detail.

For H-1B holders facing uncertainty about renewals or extensions, moving to a country with more stable immigration pathways may be a pragmatic choice. Our analysis of why Americans are leaving examines the broader motivations, while the best countries to move to from the US provides data-driven rankings for potential destinations.

Alternative Visa Pathways Worth Considering

The H-1B is no longer the default pathway for skilled workers entering the US. Here are the alternatives that immigration attorneys are increasingly recommending:

L-1 Intracompany Transfer

• Key advantage: No lottery, no annual cap, no $100,000 supplemental fee
• Requirement: Must have worked for the sponsoring company (or a qualifying subsidiary, affiliate, or parent) outside the US for at least one continuous year within the three years preceding the transfer
• Duration: Up to 7 years for L-1A (managers/executives), 5 years for L-1B (specialized knowledge)
• Path to green card: L-1A holders may qualify for EB-1C (multinational manager/executive) green card, which has no labor certification requirement

O-1 Extraordinary Ability

• Key advantage: No cap, no lottery, no supplemental fee, renewable indefinitely
• Requirement: Must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim
• Reality check:The “extraordinary” standard is high but not impossible for experienced professionals with publications, patents, awards, or significant industry recognition

EB-1A Direct Green Card

• Key advantage: Bypasses H-1B entirely and provides permanent residency
• Requirement: Similar to O-1 but for a green card rather than a temporary visa. Must meet at least 3 of 10 evidentiary criteria
• Consideration: Subject to EB category backlogs for applicants from India and China

E-2 Treaty Investor

• Key advantage: No cap, no lottery, renewable indefinitely
• Requirement:Must be a national of a treaty country and make a “substantial” investment in a US business (typically $100,000+, though no official minimum exists)
• Limitation: Does not directly lead to a green card, and is only available to nationals of countries with which the US has a bilateral investment treaty

The Diversity Visa (DV) Lottery: What You Need to Know

The Diversity Visa program — commonly called the “green card lottery” — remains one of the few paths to permanent residency that does not require employer sponsorship, family ties, or a large investment. It issues up to 55,000 immigrant visas annually to nationals of countries with historically low immigration rates to the US.

DV-2026 timeline

• Registration:October 2 – November 7, 2024 (closed)
• Results available: May 3, 2025 via dvprogram.state.gov(Entrant Status Check — the only official way to check selection)
• Visa interviews: October 2025 through September 2026

Eligibility requirements

• Country of birth: You must be born in an eligible country. Major excluded countries (due to high immigration rates) include India, China, Mexico, Canada, UK, Philippines, South Korea, Vietnam, Colombia, Dominican Republic, El Salvador, Haiti, Honduras, Jamaica, Nigeria, Pakistan, and Bangladesh. However, if your spouse was born in an eligible country, you may claim their country of birth.
• Education or work experience: You need either a high school diploma (or equivalent) OR two years of qualifying work experience in an occupation that requires at least two years of training. The Department of State uses the O*NET OnLine database to determine qualifying occupations.
• Valid passport: Required at time of entry into the program (new requirement as of DV-2026).

If selected

Being selected does not guarantee a visa. You must still complete the full immigrant visa application, pay the $330 application fee plus a $220 DV surcharge, submit civil documents (birth certificate, police certificates, medical examination), and attend a consular interview. The total cost if selected is approximately $1,100–$1,500 including medical exams and document fees.

Important: The 2026 enhanced vetting rules (published March 11, 2026) add additional fraud screening for DV winners. Be prepared for longer processing times and more thorough document verification than in previous years.

Tools to Navigate the New Landscape

The complexity of the current system makes tools essential. Here are the WhereNext tools most relevant to navigating US visa and immigration changes:

If the US immigration system no longer works for your situation, our US country profile provides context on quality of life metrics, and our travel requirements tool can help you understand entry requirements for alternative destinations.

Key Dates to Watch

Frequently Asked Questions

This article is updated regularly as new policies take effect. Last updated March 11, 2026. Immigration law is complex and changes frequently. This guide is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice specific to your situation.