H-1B Visa in 2026: What Changed Since 2024 and What Employers Should Know

The H-1B visa program has changed substantially since 2024, and employers in Connecticut and New York filing petitions in 2026 need to understand both the rules that took hold in 2024 and the major developments that followed in 2025 and 2026. This guide recaps the 2024 changes and walks through what is new. Our H-1B visa attorneys can help you navigate this complex and fast-moving process.

2024 Recap: The Beneficiary-Centric Lottery and Registration Fee

USCIS moved to a beneficiary-centric selection process for the H-1B registration lottery beginning with the FY2025 cap season. Instead of counting each registration submitted on a beneficiary's behalf, USCIS now selects based on unique beneficiaries — meaning a person registered by multiple employers is entered once, not multiple times, which closed a loophole that let some employers submit duplicate registrations to improve their odds.

The 2024 rule also raised the H-1B electronic registration fee to $215 per beneficiary, along with other integrity measures such as requiring registrants to use a valid passport or travel document for each beneficiary and imposing stricter penalties for false attestations.

2025–2026 Update: What's New for H-1B Employers

Premium Processing Fee Increased to $2,965

USCIS raised the Form I-907 premium processing fee to $2,965 for requests filed on or after March 1, 2026. Premium processing guarantees a 15-calendar-day response from USCIS (an approval, denial, or request for evidence) but does not guarantee approval. Employers should budget for the higher fee when deciding whether to expedite an H-1B petition.

The September 2025 Proclamation and the $100,000 H-1B Fee

In September 2025, a presidential proclamation attempted to impose a $100,000 fee on certain new H-1B petitions filed for beneficiaries who are outside the United States. This fee has been heavily contested in federal court since it was announced.

As of mid-2026, the fee's legal status remains unsettled and continues to shift. A federal district court in Massachusetts ruled in June 2026 that the fee was unlawful and vacated it, but that ruling was quickly stayed pending the government's appeal to the First Circuit Court of Appeals — meaning USCIS has continued collecting the fee for qualifying petitions (particularly those requiring consular processing) while the appeal proceeds. Separate lawsuits challenging the fee are also pending in other federal courts, including before the D.C. Circuit Court of Appeals. Its status remains in active litigation — confirm current requirements with counsel before filing any H-1B petition that could be subject to this fee.

Given how quickly this area of law is moving, employers should not rely on general summaries (including this one) when deciding how to structure a new H-1B filing. Speak with an immigration attorney about the petition's specific facts — including whether the beneficiary is inside or outside the U.S. and whether consular processing will be required — before filing.

What CT & NY Employers Should Do

If you are planning to file an H-1B petition or are currently sponsoring H-1B workers in Connecticut or New York, it's important to:

• Confirm the current premium processing fee ($2,965 as of March 1, 2026) before deciding whether to expedite a case
• Get current legal guidance on the $100,000 fee proclamation before filing any petition involving a beneficiary abroad
• Review wage levels and job descriptions to ensure they support the specialty occupation classification
• Keep registration and petition documentation current given USCIS's heightened integrity measures
• Plan filing timelines around both the annual lottery and any court developments affecting the proclamation

Our immigration attorneys track these developments closely and can help you develop the right strategy for your H-1B case. Schedule a consultation or call (860) 938-1850 to discuss your specific situation.