H-1B Visa Trump Changes 2026: New Form I-129, Higher Fees & $100K Rule

With the FY2027 H-1B cap selection process complete, USCIS has confirmed it received sufficient registrations during the initial period, including the advanced degree cap. Selected registrants are now eligible to file H-1B cap-subject petitions between April 1 and June 30, 2026. Employers must ensure the petition matches the exact identifying and position information submitted during registration. A critical change this year is the mandatory use of the new Form I-129 (published February 27, 2026), which USCIS began exclusively accepting as of April 1. The updated form requires employers to provide more granular job requirement details — including minimum education, specific field of study, work experience, and supervisory duties — allowing USCIS to cross-check consistency with the H-1B registration and the Labor Condition Application wage level. Premium processing fees have increased effective March 1, 2026. Employers requesting expedited adjudication of Form I-129 petitions must now pay $2,965, up from $2,805. Petitions submitted with the old fee amount will be rejected, so employers should verify their payment before filing. A significant new cost applies to H-1B beneficiaries located outside the United States or requiring consular processing: a $100,000 fee per new petition, in effect since September 21, 2025. This fee — upheld by a U.S. District Court in December 2025 despite legal challenges — must be paid online through pay.gov alongside Form I-129. Notably, it does not apply to extensions or changes of status filed within the U.S. For EB-3 applicants who currently hold or are transitioning from H-1B status, these changes are directly relevant. Employers sponsoring workers through the H-1B pipeline as a bridge to permanent residency should account for the increased filing costs and ensure employees on H-1B status avoid international travel after a cap petition is filed to prevent inadvertently triggering the $100,000 consular processing fee.