Changes to H1B 2026 that Might Impact your US Visa
The Donald Trump government announced plans for major changes to the H1B visa program, which might impact the international skilled professionals, universities, research institutions, and private employers. These proposed changes are due to concerns about misuse, fairness, and the current system's favoritism towards certain worker categories over others. One of the changes wherein the US government increased the H1B visa fee to $100,000 created uncertainty amongst US companies and international workers. Recently, US Commerce Secretary Howard Lutnick expressed that there will be a number of changes in the H1B visa system before February 2026. He stated that the current system is flawed and focuses on getting tech consultants. He believes that through H1B, professions like doctors and educators should also be prioritized. Read this article to understand the upcoming expected changes to the H1B visa and related information.
This Story also Contains
- H1B Visa Changes Announced in 2025
- Reasons Behind Introducing the H1B Visa Changes
- Impact of the Expected H1B Changes
H1B Visa Changes Announced in 2025
Senator Tom Cotton from Arkansas has introduced a legislative proposal known as the Visa Cap Enforcement Act. Under this, there are the following changes to the H1B visa.
Removing Exemptions for Universities and Research Institutions: Currently, many universities, hospitals, and nonprofit research organizations are exempted from the H1B cap. This means that they can sponsor H1B visas without being included in the annual cap. This bill would require these institutions to enter the same system as private companies.
Reapply After Three Years: After holding the H1B status for three years, individuals will have to reapply and enter the H1B visa system again.
Every Job Change Will Be Included in Cap: Changing sponsored employers or job roles will be included in the annual cap limit of H1B visas. Renewals will be submitted as a new application.
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Reasons Behind Introducing the H1B Visa Changes
The sudden changes to the H1B visa have created uncertainty amongst international workers. However, there are several reasons why the US government has taken major steps to reform the H1B visa system.
It is noticed that international skilled workers are hired in USA at lower wages as compared to US workers. This results in fewer job opportunities for American workers.
H1B visas are mainly given to workers in the tech consulting firms. Around 74% of H1B visas are provided to tech fields.
The H1B lottery system focuses on randomly selecting the applicants rather than focusing on the merits of the applicants.
There is an increase in the dependency on international workers. Raising costs and introducing changes will help US companies to focus on domestic workers.
Impact of the Expected H1B Changes
The proposed changes for the H1B visa will not only impact the Indian students and skilled workers but also affect the US companies, universities, research facilities and hospitals. The following are some of the impacts of the expected H1B changes of 2026.
The H1B fee hike, removal of exemptions, and stricter policies will make it challenging to receive an H1B visa.
More skilled professionals will start looking into alternative visa options other than H1B or even consider opportunities in other countries.
It will become a major challenge for Universities, Research Institutions and Hospitals to attract or retain international talent if they have to count their H1B visas under the same annual cap as private companies.
For US Tech firms, the rising H1B visa costs will increase the overall expenses of employing international professionals resulting in selective hiring.
There will be uncertainty for Indian students on OPT (Operational Practical Training) in USA, who generally transition to an H1B visa after completing the OPT. Moreover, F1 students exempt from paying certain U.S. taxes, such as Social Security and Medicare, during their authorized period of study and practical training.
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Frequently Asked Questions (FAQs)
Q: What is the new H-1B 100K rule?
A:
The new H1B 100K rule in USA is the introduction of increased H1B visa fees from 2,000−5,000 to $100,000. These increased fees will highly impact US organisations that recruit international talent and Indian students who are a large H1B community in USA.
Q: What are the chances of getting H-1B visa in 2026?
A:
With the anticipation of the expected H1B visa changes for 2026, the chances of obtaining an H1B visa in 2026 are quite uncertain. This is because the exempted fields from the annual cap of H1B might be removed. This means that universities, research institutes and hospitals that will hire H1B visa holders will be included in the annual cap of 65,000. This will limit the chances of several prospects.
Q: Can H-1B visa holders get green cards?
A:
Yes H1B visa holders can obtain green cards. The H1B visa is also used as a pathway to obtain a green card and also as a work permit to work in USA. However, the process of getting a green card will require the sponsor to submit the approved PERM certification and I-140 petition.
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