Honestly, 2025 and 2026 have been total mess for visa rules, maybe they craziest years ever. from that $100,000 fee for h-1b stuff to the lotterry being completely differents, & green card dates jumping around.. the rules are changing way faster than anyone can keep up with…
Here is thee actual breakdown of what’s going on it, why it happened, and what you should probably do u about it.
1. the $100,000 h-1b fee: a total mess
september 2025: they dropped this $100,000 “extra fee” for new h-1b petitions if the worker is outside the us. it shocked everyone because fees used to be just a few thousand.
the legal fight: people fought it immediately. they said a fee that big is basically a tax, and only congress is allowed to do that, not the president.
june 8, 2026: a judge said the fee was illegal. uscis had to stop taking the money.
june 12, 2026: then like four days later, the same judge said “wait, nevermind” and put the fee back for a bit.
june 18, 2026: there was this big deadline on june 18th for the government to appeal or the fee would die again.
where we are now: as of right now, uscis is still taking the $100k for those h-1b petitions where the person is outside the us. companies are planning like it’s staying through september. it’s a huge mess and still going on.
who’s safe: if you’re already in the us, you’re usually safe from the fee. same for students switching to h-1b. but if your petition fails and you have to apply from outside… then you might get hit with it.
2. the h-1b lottery isn’t random anymore
dec 2025: they basically killed the random draw. now, the system likes people who make more money. they say it’s to protect american jobs, but it’s been a huge shock to the system.
winners: senior pros with big salary offers. they have a way better chance now.
losers: new grads and students. since they start with lower pay, their odds are way lower. it’s really rough for students who wanted to stay here after school.
they also started tracking passport numbers so companies can’t “cheat” by entering the same person five times. that part is actually fair, i guess.
3. what happened with the 2027 cap season
registration: was in march, and by august the cap was totally full. no more spots left.
results: came out by the end of march.
filing: started in april for jobs starting in october.
companies are being way more picky now. they only pick people with high salaries because they know the new rules won’t pick the low-pay ones.
plus, the forms got harder. the new “form i-129” is super long and asks for way more detail.
and the “fraud unit” is doing way more site visits. they might even show up at your house if you work remote. crazy, right?
they also stopped those automatic work permit extensions for some people, so if you’re renewing, you gotta be super careful.
4. green card news: who’s winning and losing
for august 2026, it’s a mix of good and bad news.
good news for families: if you’re waiting for a family visa (like through a parent or spouse), dates actually moved up a lot. f2a moved up the most. it’s a huge relief for people waiting to see their family.
tough news for work visas (especially india):
eb-1: still stuck for india and china.
eb-2: for india, it’s basically “closed” until october. they ran out of spots for the year.
eb-3: barely moving for india.
it’s just a structural problem… there are way more people waiting than there are visas available. the backlogs are just getting longer and longer.
5. what this actually means for you
if you want an h-1b: your salary matters for the lottery now. maybe look at backup plans like the o-1 visa just in case.
if you’re an employer: budget for that $100k fee and get ready for more paperwork. also, make sure your workers are actually doing what you said they’re doing, because they might come check.
if you’re waiting for a green card: check the bulletin every single month. the second your date is “current,” file your papers. don’t wait even a day.
if you’re a student: talk to your school way before your status runs out. factor in the wage rules if you’re looking at job offers.
6. it’s happening everywhere, not just the us
the uk: they raised fees and made the english tests harder. they’re being way stricter about their new travel authorization too.
canada: they also raised fees in april and they’re being way more picky now. it’s not the “easy” alternative it used to be.
europe: they’re doing more digital border tracking. they want to make sure no one stays longer than the 90-day rule.
basically, every big country is getting more expensive and stricter at the same time. it’s like a global crackdown. last year’s rules just don’t apply anymore.
7. why is this happening?
honestly, governments just want high-skill, high-pay people right now. they’re tightening up everything else. some people say it’s good for wages, others say it’s hurting startups and schools. it’s a huge debate that’s still going on in the courts.
8. what to watch for next
what happens with that $100k fee in court
if the fee stays after september
how things reset in october when the new year starts
what congress says about all these big fees
early signs for the 2028 lottery season
9. how 2026 compares to the old days
the wage-based thing isn’t actually brand new—they tried it in 2020 but it failed. now it’s actually happening.
and fees always go up, but $100k is just… insane. it’s way bigger than anything before.
a lot of this is being done by the president instead of congress, which is why there’s so much fighting in court. it makes everything super jumpy. you gotta be flexible and keep watching the news every day.
frequently asked questions
is the $100,000 h-1b fee still a thing? as of right now, yes. they are collecting it. but it’s been “on and off” three times already. check the official site before you pay anything.
can i still get picked if i have a low salary? you can, but your odds are way lower. the system picks high salaries first.
why is india hit so hard? it’s the “per-country caps.” too many people, not enough visas. it’s just how the law is built.
what if i didn’t get picked? look at o-1 or l-1 visas, or just try again next year. talk to a lawyer about what’s realistic for you.
should i wait to apply? it depends. for green cards, usually you should move fast if your date is up. for other stuff, maybe wait for clarity. it’s a toss-up.
do these changes affect tourists? yeah, fees are up for them too, just not as much. they’re also checking papers a lot closer now.
are these rules forever? probably not. there’s so much fighting in court that things will probably keep changing.
final thoughts
visa rules have never moved this fast. everything we used to know is just… different now. the rules are being rewritten in real time, and it’s happening in the uk and canada too. stay updated on official sites, because what’s true today might be totally different next month. honestly.
just a heads up: this is all just general info. things change literally every day. always check the official government sites (like uscis.gov) before you spend any money or make big plans.