The H-1B visa lottery for Fiscal Year 2026 remains one of the most critical opportunities for U.S. employers to bring skilled foreign talent into the workforce. Despite the introduction of a new $100,000 H-1B petition fee for certain filings, the H-1B program is still very much alive—and understanding who is affected by the fee is essential before the upcoming registration period.
1. The H-1B Lottery Is Still Open for Business
There’s good news for U.S. employers seeking to retain existing international workers or file amendments, extensions, or changes of status.
According to USCIS guidance issued on October 20, 2025, the $100,000 filing fee does not apply to:
- Current H-1B visa holders filing for amendments, extensions, or changes of status, and
- Petitions filed before September 21, 2025, or already in process prior to the effective date.
This means that companies filing for current employees already in the U.S. can continue preparing their H-1B petitions under the normal fee structure without concern about the new surcharge.
2. When the $100,000 Fee Applies
The new fee primarily affects consular petitions—cases where the worker is outside the United States and will enter the country upon approval.
Employers sponsoring new hires abroad for cap-subject H-1B filings must factor in this additional cost when preparing their petitions for the upcoming filing season.
3. Change of Status Filings Remain Safe
Foreign nationals in the U.S. in valid nonimmigrant status (such as F-1, TN, or J-1) may continue to change status to H-1B without being subject to the $100,000 fee, even if the change occurs after September 21, 2025.
This ensures that students on OPT/STEM OPT, professionals already working in the U.S., and others maintaining lawful status do not bear the burden of the new surcharge.
4. Visa Appointments Must Now Be Scheduled in the Applicant’s Home Country
As of October 10, 2025, the U.S. Department of State updated its procedures for visa interviews. Individuals applying for nonimmigrant visas are now expected to book their interview in the country where they are citizens or where they legally reside.
In previous years, many applicants traveled to third countries with shorter wait times to complete their visa stamping. Under the new rules, this option has been significantly restricted, which means applicants should anticipate:
- Longer wait times in high-volume consulates,
- Less flexibility for scheduling, and
- The need to prepare travel plans well ahead of time.
5. USCIS Ends the 540-Day Automatic EAD Extension
Effective October 30, 2025, the Department of Homeland Security discontinued the 540-day automatic extension that previously allowed many individuals to keep working while waiting for a renewed Employment Authorization Document (EAD).
This change affects several categories, including:
- Asylum applicants,
- Adjustment of status applicants,
- Dependent spouses of H-1B, L-1, and E visa holders,
- Certain humanitarian categories.
These individuals must now stop working if their EAD expires before USCIS approves the renewal.
The main exception remains Temporary Protected Status (TPS) holders, whose automatic extensions are based on Federal Register notices specific to their country.
6. Preparing for the FY2026 H-1B Lottery
To prepare for registration, NPZ recommends that employers:
- Identify cap-subject candidates early, especially F-1 students.
- Confirm expiration dates for current H-1B workers and dependent EAD holders.
- Plan ahead for potential delays due to consular processing changes.
- Monitor USCIS announcements for updated filing procedures.
FAQ – H-1B Fee and Policy Updates (November 2025)
Q1: Who must pay the $100,000 fee?
Employers filing new H-1B petitions for individuals outside the U.S. must pay this fee for filings on or after September 21, 2025.
Q2: Do current H-1B employees inside the U.S. need to pay the fee?
No. Amendments, extensions, and changes of status are exempt.
Q3: Can F-1 students on OPT apply without paying the new fee?
Yes. Change-of-status filings inside the U.S. are not subject to the new charge.
Q4: Can applicants still book visa appointments in third countries?
Generally no. The new rule requires scheduling in the applicant’s home country or country of residence.
Q5: What should employees do now that automatic EAD extensions ended?
File renewals as early as possible to avoid a lapse in work authorization.
Contact NPZ Law Group
For guidance on H-1B filings, fee rules, visa appointments, or EAD renewal strategies, contact NPZ Law Group at www.visaserve.com or call 201-670-0006.
Our attorneys help employers and foreign professionals navigate complex USCIS updates and workforce planning under the latest regulations.