The H-1B and H-4 programs have been the subject of an unusual number of executive, regulatory, and court actions. This page summarizes the status of each development. Items are grouped by whether they are in effect, blocked by a court, or only proposed. Because several of these matters can change with little notice, please contact us for the current status before making filing, employment, or travel decisions.
In Effect
Wage-Weighted H-1B Cap Selection
Status: In effect since February 27, 2026 (first used for the fiscal year 2027 cap season).
Selection is made by worker: each worker is entered into the selection pool one to four times based on the wage level offered, so higher-paid positions have better odds of selection. Registrations by more than one employer for the same worker do not add entries; the lowest wage level among them applies. Registrations at every wage level remain eligible.
Expanded $4,000 Fee for Certain Large H-1B Employers
Status: In effect since September 9, 2026.
Employers with 50 or more employees in the United States, more than half of whom hold H-1B or L-1 status, must now pay the $4,000 Public Law 114-113 fee with extension petitions, including same-employer extensions, as well as initial and change-of-employer petitions. Amended petitions that do not request an extension of stay are exempt.
End of Automatic Extensions for H-4 EAD Renewals
Status: In effect for renewal applications filed on or after October 30, 2025; confirmed by final rule effective October 14, 2026.
Renewal applications for H-4 employment authorization filed on or after October 30, 2025 no longer receive an automatic extension while pending. H-4 spouses should file renewals as early as permitted to avoid a gap in employment authorization.
Online Presence (Social Media) Review
Status: In effect since December 15, 2025.
The Department of State reviews the online presence, including social media, of H-1B and H-4 visa applicants, and asks applicants to set their social media accounts to public.
USCIS Discretion to Deny Without an RFE
Status: In effect since August 5, 2026.
Under a USCIS policy alert issued August 5, 2026, officers have full discretion to deny a petition or application that lacks required evidence or does not establish eligibility, without first issuing a Request for Evidence or Notice of Intent to Deny. Complete, well-documented filings are more important than ever.
Heightened Scrutiny of Employers with Layoffs
Status: Executive order signed September 18, 2026; implementing guidance not yet issued.
The order directs the Departments of Homeland Security, Labor, and State to consider whether an H-1B employer has conducted layoffs within the past year, or plans layoffs, that affect similarly situated U.S. workers, and directs the Department of Labor to review previously filed Labor Condition Applications. Layoffs do not automatically bar sponsorship, but employers with recent or planned workforce reductions should consult counsel before filing. The Department of Labor has also expanded H-1B investigations through an enforcement initiative known as Project Firewall.
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Blocked by Court Order
The $100,000 Proclamation Payment
Status: Extended through September 21, 2027, but not being collected because of court orders. Litigation continues.
A presidential proclamation signed September 19, 2025 required a $100,000 payment for certain new H-1B petitions, generally those for workers outside the United States who need an H-1B visa to enter. USCIS guidance stated that the payment does not apply to petitions for a change of status, amendment, or extension of stay for a worker inside the United States that are approved as requested. On September 18, 2026, the requirement was extended through September 21, 2027. Federal court orders, including a September 30, 2026 order that applies to both the original proclamation and its extension, currently bar the government from implementing it.
Proposed — Not in Effect
Proposed $103,265 Fee on Cap-Subject Petitions
Status: Proposed rule published August 25, 2026; comment period closed; not in effect.
The proposal would add a $103,265 fee to each new cap-subject H-1B petition (the petitions filed after a registration is selected), including petitions for workers already in the United States, such as F-1 students. It would not apply to cap-exempt petitions or to petitions for workers already counted against the cap, such as most transfers and extensions. The fee cannot be charged unless DHS publishes a final rule.
Proposed End of the 60-Day Grace Period
Status: Proposed rule published September 11, 2026; comments due November 10, 2026; not in effect.
An H-1B worker whose employment ends before the authorized stay expires currently may receive a discretionary grace period of up to 60 days, or until the end of the authorized stay if shorter, to find a new employer, change status, or depart. The proposal would eliminate this grace period for H-1B, H-1B1, E, L-1, O-1, and TN workers and their dependents, including H-4 family members.
Proposed Increase in Prevailing Wages
Status: Proposed rule published March 27, 2026; comment period closed; not in effect.
The Department of Labor proposed substantially raising all four prevailing wage levels for H-1B, H-1B1, E-3, and PERM cases, including raising the entry-level wage from approximately the 17th percentile to approximately the 34th percentile of the local wage distribution. Current wage levels continue to apply unless and until a final rule takes effect.
Possible Rescission of the H-4 EAD
Status: Listed as a long-term action on the 2026 regulatory agenda; no proposed rule published.
DHS has listed a future rule to remove H-4 spouses from the classes eligible for employment authorization. No proposal has been published, and H-4 EADs remain available under current regulations. In October 2025, the Supreme Court declined to review a long-running challenge to the H-4 EAD program, leaving in place an appellate decision upholding it.
Frequently Asked Questions About These Changes
Do proposed rules affect my case now?
No. A proposed rule does not change the law, even after its comment period closes. Current rules continue to apply until a final rule takes effect, and its effective date, scope, and any court orders must then be reviewed.
Would the proposed $103,265 fee apply to H-1B transfers and extensions?
As proposed, the fee would apply to new cap-subject petitions, including petitions for U.S. advanced degree holders. It generally would not apply to transfers or extensions for workers already counted against the cap, but a move from cap-exempt to cap-subject employment could be covered. The fee is not in effect.
How often is this page updated?
The “Last updated” date at the top of this page shows when it was last reviewed. Rules and court orders can change after that date, so please contact us before making filing, employment, or travel decisions.
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Questions About How These Changes Affect You
Shihab Burke LLC Immigration Lawyers advises employers and families on how these developments affect specific filing, employment, and travel plans. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
