In 2026, H-1B visa holders and applicants will face significant uncertainty as the United States has implemented sweeping changes to the H-1B programme that could reshape opportunities for international professionals and students.
US President Donald Trump’s administration, which took office for a second term in 2025, has signalled a tougher stance on legal immigration, tightening eligibility and raising costs for foreign workers.
Which changes are taking place this year?
One of the most consequential developments is the overhaul of the H-1B lottery system. Historically, USCIS (US Citizenship and Immigration Services) used a purely random lottery to allocate the 85,000 annual H-1B visas, 65,000 under the regular cap and 20,000 for advanced degree holders.
Under new rules that take effect beginning on February 27, this random selection will be replaced by a wage-based, weighted lottery that prioritises higher-paid, more experienced workers.
In the new system, wage levels determine how many “entries” an applicant has in the lottery pool: Level IV (highest wages) receives four entries, Level III gets three, Level II two, and Level I (entry-level wages) just one. This means professionals offered higher salaries will have significantly better odds of selection compared with recent graduates or early-career applicants, whose lower wages put them at a disadvantage, according to potomaclaw.com
How can applicants be affected?
The shift could sharply reduce selectability for international students transitioning from Optional Practical Training (OPT) or STEM OPT into H-1B status, as many such applicants fall into the lowest two wage tiers.
Other proposed regulations may also restrict OPT programmes and impose fixed admission periods that make completing longer courses more difficult.
H-1B row: The $100,000 fee dilemma
In addition to lottery reform, the cost of hiring foreign professionals is rising. A controversial $100,000 fee on new H-1B petitions has been introduced, raising financial burdens on employers and potentially deterring sponsorship altogether. This fee is currently under legal challenge. California and 19 other US states had filed a lawsuit seeking to block President Donald Trump’s $100,000 fee on new H-1B visas for highly skilled foreign workers.
Despite mixed signals from the White House, including public assurances of support for high-skilled visas, policy changes such as fee hikes, tougher eligibility checks, and a wage-weighted lottery suggest a broader push to restrict legal immigration in 2026.
Outcomes of ongoing legal battles will be crucial in shaping the final landscape for H-1B visa holders and applicants.