US H-1B Visa Overhaul 2026 Raises Costs, Tightens Rules for India, China, Philippines, South Korea

The U.S. Citizenship and Immigration Services (USCIS) finalized the H-1B overhaul in late 2025, with most provisions taking effect on April 1, 2026. The new rules raise the base filing fee from $460 to $780, add a $500 integrity fee per petition, and increase the employer training fee for companies with over 50 employees from $1,500 to $2,500.

For employers with H-1B-dependent status, the new rules mandate a 10% increase in wage levels for all new petitions, and require them to document that no qualified U.S. worker was available for the role. This documentation must include specific recruitment efforts, such as job postings on three national job boards for at least 30 days, and a signed attestation from the hiring manager.

The rule also shortens the maximum initial stay for H-1B workers from three years to two years for those from countries with high visa overstay rates, which includes India, China, the Philippines, and South Korea. Extensions are now capped at one year, and each extension requires a new labor condition application and a fresh fee payment.

USCIS estimates the changes will increase total employer costs by an average of $12,000 per petition, a figure that includes legal fees and administrative overhead. Immigration attorneys report that many small and mid-sized tech firms are scaling back H-1B sponsorship plans, with some shifting to remote roles based outside the U.S. to avoid the new compliance burden.

The rule has drawn criticism from industry groups, who argue it will reduce U.S. competitiveness in tech and healthcare. However, USCIS officials defend the changes as necessary to protect American workers and reduce fraud, noting that the new integrity fee will fund additional site visits and background checks.