USA Employment-Based Work Visa Overview 2026: Details on New Fees and Policies
In 2026, the U.S. employment-based work visa system has undergone its most significant transformation in decades. Due to heavy financial requirements and strict security protocols, both employers and foreign professionals must now adapt to a new era of immigration defined by “quality over quantity.”
Whether you are striving for the FY 2027 H-1B cap or tracking the January 2026 Visa Bulletin for a green card, this guide provides the essential information you need for success.
2026 Visa Landscape: Core Categories
Choosing the right category is the first step toward a successful entry.
Nonimmigrant (Temporary) Visas
- H-1B (Specialty Occupation): The primary visa for tech, engineering, and healthcare professionals; a bachelor’s degree is mandatory.
- L-1A/L-1B (Intracompany Transferees): For executives or specialized staff transferring from a foreign branch to a U.S. office.
- O-1 (Extraordinary Ability): For individuals with extraordinary achievements in science, arts, or business.
- TN (USMCA Professionals): An efficient visa process for citizens of Canada and Mexico in specific professions.
Immigrant (Permanent/Green Card) Visas
Employment-Based (EB) categories are the main pathways to permanent residency:
- EB-1 (Priority Workers): For researchers, executives, and those with extraordinary ability.
- EB-2 (Advanced Degree/NIW): For master’s degree holders or those whose work serves the U.S. national interest (National Interest Waiver).
- EB-3 (Skilled/Professional): For bachelor’s degree holders and skilled workers.
- EB-5 (Investors): Requires a substantial investment to create at least 10 jobs in the United States.
Major Changes: The $100,000 H-1B Fee and Other Updates
Several strict policies have been implemented in 2026 to protect the domestic labor market.
1. The $100,000 H-1B Entry Fee
Under new regulations, a $100,000 fee is now mandatory for all new H-1B petitions where the beneficiary is currently located outside the U.S.
- Who pays? Generally the employer, although legal debates regarding this are ongoing.
- Exceptions: Companies working in “national interest” or critical infrastructure sectors may be eligible for an exemption.
2. Presidential Proclamation 10998
Effective January 1, 2026, this order imposes entry restrictions on citizens from approximately 40 “high-risk” countries.
- Full Ban: Citizens from countries such as Syria, Burkina Faso, and Mali face a total ban on entry.
- Partial Ban: Citizens from 20 additional countries, including Nigeria and Tanzania, face rigorous screening for specific visa types.
3. Social Media Vetting
USCIS and the Department of State now require Social Media Identifiers Disclosure. Candidates must provide social media handles used over the last 5 years to verify their “online presence.”
2026 Visa Timeline: Choosing the Right Time
Timing is critical in U.S. immigration; a small delay can result in the loss of an entire year.
H-1B Lottery 2026 (FY 2027 Cap)
- Registration Period: Begins in March 2026.
- Selection Process: A “one person, one entry” rule and passport-based registration are now used to prevent system manipulation.
- Notification: Successful candidates are typically notified by March 31, 2026.
- Start Date: An H-1B worker can begin employment for the first time on October 1, 2026.
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Eligibility and Compliance: Legal Protection
For Employers
- Labor Condition Application (LCA): You must certify that the foreign worker’s salary meets the prevailing wage set by the Department of Labor (DOL).
- E-Verify & I-9: Timely verification of the legal status of all employees is mandatory.
For STEM Professionals
If you are on an F-1 visa, the 24-month STEM OPT extension remains the best bridge to attaining H-1B or EB-2 status. Ensure your training plan (Form I-983) is always kept up-to-date.
(FAQs): USA Employment-Based Work Visa Overview 2026
Does the $100k fee apply to H-1B extensions?
Currently, this fee is only for new candidates coming from outside the U.S. It does not apply to extensions for those already residing in the U.S.
Can I still get a green card if my country is on the Proclamation 10998 list?
It is now much more difficult. You will likely require a National Interest Exception (NIE) or specific permission from the DHS.
Next Steps
Expert consultation is essential to obtaining an American work visa in 2026.
- Check your priority date against the latest visa bulletin.
- Maintain a clean and professional social media presence.
- Contact a reputable immigration attorney if you are affected by the new regulations.
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Disclaimer: This article is for informational and educational purposes only. Readers are advised to verify all details on the official USCIS or Department of State websites before making any decisions regarding their immigration status.