Introducing the H-1B Regulatory & Legislative Tracker: Your Free Guide to a Fast-Moving Visa Landscape

Written August 27, 2026. Reviewed by Rosanna Berardi, Esq.

TLDR:

• H-1B rules, fees, and litigation are changing faster than most employers and workers can track on their own.
• Berardi Immigration Law has built a free H-1B Regulatory & Legislative Tracker that summarizes every major rule, executive action, court ruling, and pending bill affecting the H-1B program in one place.
• Use the H-1B Regulatory & Legislative Tracker to stay current on deadlines, effective dates, and what’s actually final versus still proposed, then talk to an attorney about what it means for your specific case.

Why H-1B Employers and Workers Need a Tracker Right Now

If it feels like the H-1B program has changed more in the last two years than in the previous two decades, that’s not just a feeling. Between new fee structures, a redesigned cap selection process, a still-contested $100,000 payment requirement, and a growing list of bills sitting in Congress, employers and workers are being asked to make real decisions about budgets, offer letters, travel, and filing timelines based on rules that are sometimes final, sometimes only proposed, and sometimes blocked in court before they ever take effect.

That distinction matters enormously. A proposed rule is not the law. A blocked rule is not currently enforceable. A bill introduced in Congress is not a change to your obligations unless and until it’s signed. But when headlines blur those categories together, it’s easy for employers to either panic over something that isn’t in effect yet, or miss a deadline for something that already is.

That’s the gap we built the H-1B Regulatory & Legislative Tracker to close.

What’s Inside the Tracker

The tracker is a single, plain-language reference that organizes every major H-1B development into four categories: what’s currently in effect, what’s final or upcoming, what’s still just proposed, and what’s blocked or pending in litigation or Congress. For each item, it lays out the authority behind it, its current status, what it actually means for employers and workers, and whether it’s in effect today.

Rules Already Shaping H-1B Cases

Two major rules are now fully baked into how H-1B cases are adjudicated. The H-1B Modernization Final Rule clarified specialty-occupation requirements, codified deference to prior USCIS determinations in many circumstances, extended F-1 cap-gap protection, and strengthened site-visit and bona fide job requirements. Alongside it, a weighted cap selection system tied to prevailing wage levels has now governed a full registration cycle. This means higher-wage-level positions statistically fare better in the lottery, even though selection remains random and beneficiary-centric within each wage tier.

Fees That Are Changing and One That Isn’t (For Now)

Cost is where employers are feeling the most movement. A new biometric entry-exit fee expansion takes effect September 9, 2026, extending existing H-1B and L-1 fees to same-employer extension filings for covered employers. Separately, DHS has proposed a standalone fee north of $100,000 for cap-subject H-1B petitions; a proposal still open for public comment, not yet a requirement.

Meanwhile, the widely publicized $100,000 H-1B payment tied to a 2025 presidential proclamation remains vacated by a federal court, with an appeal pending and the underlying restriction set to expire after September 20, 2026 absent an extension or new court order. In other words: not currently being collected, but very much still in motion.

Proposed Wage Overhaul

A Department of Labor proposal would meaningfully raise how prevailing wages are calculated across H-1B, H-1B1, E-3, and PERM cases, with DOL’s own estimates pointing to double-digit percentage increases depending on wage level. It has not been finalized, but employers building long-term sponsorship budgets should be watching it closely.

A Wave of Bills Still in Committee

On the legislative side, several bills (including companion measures in the Senate and House that would pause H-1B issuance for three years and impose sweeping permanent restrictions) remain in committee with no floor vote. None of these change current law today, but they signal where parts of Congress want the program to go.

Who This Affects

Employers, particularly those sponsoring cap-subject petitions, filing extensions after September 9, or budgeting for future sponsorship costs, need to know which changes are locked in versus still theoretical. H-1B workers and prospective hires benefit from understanding how wage-level classification now affects lottery odds and what protections remain in place. HR and immigration compliance teams need a reliable way to explain “what’s actually true right now” to leadership without wading through dozens of Federal Register notices.

The stakes are rising on the enforcement side, too. Federal officials have recently signaled interest in tightening cap exemptions, increasing scrutiny of employers with past compliance issues, and adding oversight of third-party placement arrangements; the practice of an H-1B worker being employed by one company but placed at another company’s worksite. None of that is final rule text yet, but it reinforces a broader direction. Agencies are paying closer attention to how the program is used, not just how many visas are issued.

How to Use the Tracker

The tracker isn’t legal advice, and it isn’t a substitute for case-specific guidance. It is, however, a fast way to answer the questions that come up constantly right now:

• Is this rule actually in effect, or just proposed?
• What’s the real deadline I need to plan around?
• Has litigation paused something I thought was already law?
• What’s genuinely new since the last time I checked?

We’ll continue updating it as rules finalize, court rulings come down, and new proposals are published, so it reflects the current state of play rather than a single snapshot in time.

Staying Ahead of a Program in Flux

The H-1B program has always required employers to plan carefully. What’s different now is the pace and volume of change and the cost of guessing wrong. A rule that’s blocked today could be reinstated tomorrow. A proposed fee could become a filing requirement with only weeks of notice. Having a clear, current reference is one part of navigating that; having an attorney who can translate it into a strategy for your specific petitions, timelines, and budget is the other. Nobody should navigate immigration alone, and that’s exactly why we built this resource and why our team is here when you’re ready to talk through what it means for you.

Download the H-1B Regulatory & Legislative Tracker

Click here to download the free PDF tracker.

FAQs

Q: Is everything in the tracker currently the law?

No. The tracker is organized specifically so you can tell the difference between what’s in effect, what’s final but not yet effective, what’s only proposed, and what’s blocked or still pending in Congress or the courts. Proposed rules and introduced bills do not change your current obligations unless and until they’re finalized or enacted.

Q: How often is the tracker updated?

We will update it as significant developments occur (new final rules, court rulings, proposed rulemakings, and material legislative movement) so it reflects the current regulatory landscape rather than a fixed point in time. Because H-1B law is moving quickly, we recommend checking back regularly or downloading the latest version before major filing decisions.

Q: My company files a lot of H-1B petitions. Should I still talk to an attorney if I’m using the tracker?

Yes. The tracker is designed to give you a clear, organized overview of the landscape, but it isn’t a substitute for legal advice on your specific petitions, timelines, or compliance posture. Given how much is currently in flux, from fee proposals to litigation over the proclamation payment, it’s worth discussing your particular situation with an immigration attorney before finalizing filing or budget decisions.