H‑1B overhaul hits April 1
Major H‑1B rule changes take effect April 1, including higher prevailing‑wage requirements, new petition protocols, and a $100,000 fee that will raise the cost and complexity of international hiring. Employers who rely on foreign talent should expect reduced applicant availability and revised compensation planning. (hindustantimes.com)
USCIS will accept only the new edition of Form I‑129 beginning April 1, 2026; the updated H‑1B supplement adds multiple new data fields (questions 7–11) asking specifically about required education, job duties, and wage-level information. (tarterkrinsky.com). DHS finalized a wage‑weighted H‑1B cap‑selection rule that became effective Feb. 27, 2026, replacing the pure random lottery and favoring registrations tied to higher DOL prevailing‑wage levels. (gtlaw.com). The Department of Labor published a Notice of Proposed Rulemaking on March 27, 2026 that would reset H‑1B/PERM wage‑level percentiles to approximately the 34th, 52nd, 70th, and 88th percentiles (shifting Level I from the 17th to the 34th percentile), with a 60‑day public comment period to follow. (dol.gov; boundless.com). The $100,000 supplemental charge traces to a presidential Proclamation issued Sept. 19, 2025 and effective Sept. 21, 2025, which requires petitioners filing new H‑1B petitions on or after that date to submit proof of payment or an approved exception at time of filing. (whitehouse.gov; uscis.gov). Employers are already pivoting: law‑firm guidance and industry analysis report increased use of change‑of‑status filings for beneficiaries inside the U.S. to avoid the $100,000 consular‑processing fee, while Congress has proposals (for example the Physicians and the Healthcare Workforce Act) seeking targeted fee exemptions. (lexology.com; aha.org). Immigration practitioners and HR advisories recommend immediate audits of job classifications and wage‑level determinations, earlier sponsorship budgeting, and reworking job architecture because the combined Form I‑129 revisions, wage‑weighted selection, and DOL’s proposed wage floors materially alter selection odds and cost models. (fragomen.com; goellaw.com).
