H-1B Visa 2025–2026: What Employers and Employees Must Know to Avoid Costly Mistakes

The H-1B visa process has always been complex, but 2025–2026 marks a turning point.

At Kulen Law Firm, P.C., we speak daily with H-1B applicants and sponsoring employers across the United States. A consistent pattern has emerged:
many individuals are making critical decisions based on outdated information, online speculation, or incomplete advice.

As a result, otherwise strong cases face unnecessary delays, Requests for Evidence (RFEs), unexpected costs, or even denials.

This article explains what is actually changing, what is being more strictly enforced, and how employers and foreign professionals can approach the H-1B process strategically and calmly this year.

Why the H-1B Process Feels Different in 2025–2026

The anxiety surrounding H-1B filings this year is not accidental.

Several factors are converging at once:

• Increased scrutiny of specialty occupation claims
  
  
• Higher expectations for employer documentation
  
  
• Expanded compliance enforcement, including site visits
  
  
• New fee rules that apply in limited but important situations
  
  

While none of these changes make the H-1B impossible, they do require earlier planning and greater consistency than in past years.

Understanding these realities before registration or filing can dramatically improve outcomes.

1. H-1B Registration Is No Longer a Placeholder Step

In prior years, many employers treated the H-1B registration as a minimal, preliminary step. That approach is now risky.

At the registration stage, employers must finalize and submit core details, including:

• Job title and occupational category
  
  
• Wage level and salary structure
  
  
• Work location(s), including remote or hybrid arrangements
  
  

These details form the baseline against which the entire case is later evaluated.

Why Consistency Matters More Than Ever

Once a registration is selected, immigration officers expect the petition to match the registration in all material respects.

Significant changes after selection—such as:

• Reclassifying the job role
  
  
• Changing work location
  
  
• Adjusting wage levels
  
  
• Substantially altering job duties
  
  

can raise red flags and may result in:

• Requests for Evidence (RFEs)
  
  
• Delays or denials
  
  
• In some cases, the need for a new registration in a future lottery
  

Key takeaway:
The registration should reflect the real job being offered, not a flexible or speculative version.

2. USCIS Is Conducting Deeper Reviews of Selected Cases

Lottery selection is only the beginning.

Once a case is selected, U.S. Citizenship and Immigration Services (USCIS) carefully evaluates whether the petition meets all legal requirements.

In 2025–2026, adjudicators are focusing heavily on three areas:

A. Specialty Occupation Analysis

USCIS is closely reviewing whether the role:

• Normally requires at least a bachelor’s degree in a specific field
  
  
• Is complex enough to justify that degree
  
  
• Matches industry standards, not just employer preferences
  
  

Generic job titles or overly broad descriptions often lead to RFEs.

B. Job Duties and Business Need

Officers are increasingly asking:

• What does the employee actually do on a daily basis?
  
  
• How do these duties fit into the company’s operations?
  
  
• Why does this role require specialized knowledge?
  
  

Employers should be prepared with:

• Detailed job descriptions tied to business activities
  
  
• Organizational charts
  
  
• Evidence of projects, clients, or internal functions
  
  

C. Employee Qualifications

USCIS also examines whether the beneficiary’s:

• Degree field
  
  
• Academic level
  
  
• Work experience
  
  

directly relates to the offered position.

Key takeaway:
Strong H-1B cases are now built on specificity, documentation, and alignment, not templates.

3. Understanding the $100,000 H-1B Fee (And When It Applies)

One of the most misunderstood developments is the new $100,000 H-1B fee, effective for certain petitions filed on or after September 21, 2025.

This fee does not apply to all cases.

Situations Where the Fee May Apply

The additional fee may be triggered when:

• The employee is outside the United States and does not hold a valid H-1B visa at the time of filing
  
  
• USCIS denies a change of status or extension, but still approves the petition for consular processing
  
  
• The employer elects consular processing from the outset, rather than requesting a change of status
  
  

Why Planning Matters

In many cases, employers and employees inadvertently trigger this fee due to:

• Poor initial strategy
  
  
• Misunderstanding of status options
  
  
• Filing decisions made without legal analysis
  
  

Key takeaway:
Change of status vs. consular processing decisions should be evaluated before filing, not after a denial.

Early planning can often prevent unnecessary costs.

4. Increased Worksite Visits and Compliance Enforcement

Compliance is no longer theoretical.

USCIS has expanded its authority to conduct unannounced worksite visits, including:

• Employer offices
  
  
• Remote work locations
  
  
• Third-party client sites
  
  

What Officers May Review

During a site visit, officers may verify:

• Actual job duties being performed
  
  
• Work location compliance with the Labor Condition Application (LCA)
  
  
• Wage payments and payroll records
  
  
• Public Access Files
  

They may also speak with:

• Managers
  
  
• HR personnel
  
  
• The sponsored employee
  

How Employers Can Prepare

Best practices include:

• Maintaining up-to-date Public Access Files
  
  
• Ensuring job descriptions reflect reality
  
  
• Keeping payroll records organized
  
  
• Designating a knowledgeable point of contact for visits
  
  

Key takeaway:
Compliance preparation should begin before filing the H-1B, not after approval.

5. Why Misinformation Is Especially Dangerous This Year

Many callers express anxiety fueled by:

• Social media speculation
  
  
• Online forums
  
  
• Advice based on pre-2024 rules
  

Unfortunately, relying on outdated information often leads to:

• Incorrect registration details
  
  
• Inconsistent filings
  
  
• Unnecessary panic about fees or denials
  
  

Each H-1B case is fact-specific. What applied to one person last year may not apply today.

6. Strategic Alignment Between Employer and Employee Is Critical

One of the strongest predictors of H-1B success is alignment.

When employers and beneficiaries:

• Understand the process
  
  
• Communicate early
  
  
• Plan for contingencies
  
  

they are far better positioned to:

• Respond to RFEs effectively
  
  
• Handle site visits calmly
  
  
• Adjust strategy if circumstances change
  
  

Key takeaway:
The H-1B process works best as a coordinated effort, not a last-minute scramble.

Final Thoughts: Calm, Early Planning Wins in 2025–2026

The H-1B visa is not disappearing, but it is becoming more disciplined.

For employers and professionals who plan early, document carefully, and understand current enforcement priorities, the process remains very achievable.

The goal is not to eliminate all risk—but to reduce surprises.

Need Guidance on an H-1B Registration or Petition?

Kulen Law Firm, P.C. advises employers, startups, and professionals nationwide on:

• H-1B registrations and petitions
  
• RFEs and compliance issues
  
• Change of status vs. consular processing strategy
  
• Long-term U.S. immigration planning

Schedule a Consultation