H-1B in 2026: The New Rules, $100,000 Fee, and Employer Compliance Risks

This session provides a practical examination of the new H-1B selection rules, increased costs, and changing petition requirements employers face in 2026. It addresses the new wage-weighted H-1B selection process, the $100,000 supplemental fee and the litigation surrounding it, specialty occupation requirements and documentation, and H-1B portability, extensions, amendments, and changes in employment. The session also covers strategic alternatives when H-1B sponsorship becomes more difficult.

Federal agencies are placing greater emphasis on H-1B program integrity, wage compliance, job requirements, and employer obligations, making it increasingly important for employers to identify vulnerabilities and strengthen their immigration programs. This session examines the Department of Labor’s H-1B enforcement priorities, including Project Firewall, and provides practical guidance for preparing for DOL investigations and H-1B compliance reviews. It addresses LCA compliance and wage-related risks, site visits and government verification of H-1B employment, common compliance failures, and the unique challenges of maintaining H-1B compliance in remote and hybrid work environments.