The H-1B visa landscape is currently undergoing its most significant transformation in decades. From the implementation of the “beneficiary-centric” selection process to the newly announced wage-weighted lottery system and significant fee updates, the rules of engagement for U.S. employers have changed.

At Cohen, Tucker + Ades, we understand that these shifts can be daunting. This guide breaks down the recent and upcoming changes to the H-1B program to help you navigate the 2026 fiscal year and beyond.

1. The Shift to a “Beneficiary-Centric” Selection Process

Effective as of the FY 2025 season, USCIS moved away from an employer-centered registration system to a beneficiary-centric one.

• How it works: Previously, an individual with multiple job offers could be entered into the lottery multiple times, giving them an unfair advantage. Now, each person is entered into the selection pool once, regardless of how many employers register them.

• The Benefit: This levels the playing field for small businesses and startups, ensuring that large staffing firms cannot “game the system” by submitting duplicate entries for the same individual.

• Requirement: Registrants must now provide a valid passport or travel document number for each beneficiary, which must be the same document they use to enter the U.S.

2. Breaking News: The Wage-Weighted Lottery (Effective Feb 2026)

Perhaps the most impactful change is the move from a random lottery to a wage-based selection model. This rule is set to take effect on February 27, 2026, impacting the FY 2027 filing season.

Under this new framework, the probability of being selected is tied to the Department of Labor (DOL) Wage Level offered:

• Level IV (Highest): Entered into the selection pool 4 times.

• Level III: Entered 3 times.

• Level II: Entered 2 times.

• Level I (Entry-level): Entered 1 time.

Strategic Impact: This change prioritizes high-skilled, high-paid talent. While entry-level professionals (including recent U.S. graduates) are still eligible, their statistical odds of selection will decrease significantly compared to mid-to-senior-level roles.

3. The New $100,000 Entry Fee Proclamation

In late 2025, a Presidential Proclamation introduced a substantial $100,000 fee for many new H-1B petitions filed after September 21, 2025.

• Who it affects: Primarily new H-1B petitions where the beneficiary is currently outside the United States.

• Exemptions: This fee does not apply to H-1B renewals, extensions, or petitions filed before the September deadline. There are also potential “national interest” exceptions currently being defined.

• The Goal: The administration stated this fee is intended to curb program abuse and prioritize American labor. However, this is a rapidly evolving legal area currently subject to judicial review.

4. Enhanced Integrity and Fraud Prevention

USCIS has doubled down on site visits and “specialty occupation” scrutiny. Employers should be prepared for:

• Stricter Specialty Occupation Tests: A degree “related” to the field may no longer be enough. USCIS is looking for a direct nexus between the specific duties and the degree held.

• Site Visits: The Fraud Detection and National Security (FDNS) directorate has increased unannounced inspections to verify that H-1B employees are working at the location and in the role described in their petition.

5. The “Digital Border”: Expanded Social Media Vetting

One of the most significant—and most immediate—changes is the Department of State’s expansion of social media vetting. Effective December 15, 2025, the “online presence review” that was previously reserved for students and exchange visitors now applies to all H-1B applicants and their H-4 dependents.

What This Means for Your Household

This is no longer a random background check; it is a built-in step in the consular process.

• Mandatory Public Profiles: Applicants are now instructed to set their social media privacy settings to “public”for the duration of the visa application process. Consular officers may not complete adjudication if accounts are inaccessible.

• Five-Year History: You must disclose all social media handles used within the last five years on Form DS-160, including platforms that are no longer active.

• The “H-4 Effect”: Spouses and children are now subject to the same digital scrutiny. A dependent’s social media activity—even if unrelated to the principal worker’s job—can lead to questioning or administrative delays for the entire family.

What Officers are Looking For

The government is increasingly using AI and manual review to identify:

1. Employment Inconsistencies: Discrepancies between your LinkedIn profile, your resume, and the details provided in the H-1B petition.

2. Security Red Flags: Statements or affiliations viewed through a national security lens, including involvement in “anti-American” organizations or political activism that could be flagged.

3. National Interest Concerns: Signs of potential technology theft, misinformation, or involvement in foreign political censorship.

Legal Tip: Do not abruptly delete your social media accounts before an interview. Rapidly closing accounts can be flagged by vetting software as an attempt to “conceal activity,” which may trigger prolonged Administrative Processing (221(g)).

Why Strategy Matters Now More Than Ever

With these layered changes—from the $100,000 entry fee to the wage-weighted lottery and mandatory digital vetting—the H-1B program has become a highly technical field where “simple mistakes” can lead to permanent denials.

At Cohen, Tucker + Ades, we don’t just file paperwork; we build a comprehensive legal shield for our clients. We help you audit your candidate’s digital footprint, verify wage-level compliance, and navigate the complex financial requirements of the new Presidential Proclamations.

Is your team prepared for the upcoming H-1B cap season? Schedule a Strategy Session with Our Team today. 

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

Sources: 

U.S. Department of Homeland Security (DHS) | Federal Register / Vol. 90 – Weighted Selection Process for H-1B Cap-Subject Petitions

Executive Office of the President (issued September 19, 2025) | Proclamation on Restriction on Entry of Certain Nonimmigrant Workers

U.S. Department of State (DOS) | DOS Notice on Online Presence Review for H, F, M, and J Visas

USCIS | USCIS H-1B Registration Process Update