Last updated: September 8, 2026
U.S. employment-based visas are entering the 2026–27 cycle with major changes to H-1B selection, filing costs, adjustment-of-status requirements and visa availability.
The most consequential shift is the new wage-weighted FY 2027 H-1B selection process. At the same time, September 2026 Visa Bulletin limits are creating sharply different timelines depending on visa category and country of chargeability.
The practical message is clear: employers and foreign professionals should no longer plan around visa category alone. A workable strategy now depends on the offered wage, position, employer structure, country of chargeability, priority date, applicant location and whether temporary employment or permanent residence is the real objective.
Direct answer: The main employment-based visa updates for 2026–27 are the wage-weighted FY 2027 H-1B selection system, increased premium-processing fees, broader H-1B and L-1 supplemental fee rules for certain employers, a revised Form I-485 and public-charge framework beginning September 18, 2026, and significant backlogs in several employment-based green card categories. A proposed $103,265 H-1B cap fee has also been published, but it is not a final rule as of September 8, 2026.
Employment-Based Visas: Temporary Work Status vs. Permanent Residence
The phrase “employment-based visas” is commonly used for two different groups of U.S. immigration options.
Temporary employment visas allow foreign nationals to work in the United States for a defined period under category-specific conditions. These include the H-1B visa for specialty occupations, the L-1 visa for intracompany transferees, the O-1 visa for individuals with extraordinary ability or achievement, and the TN visa for eligible Canadian and Mexican professionals.
Employment-based immigrant visas can lead to lawful permanent residence. The principal categories include EB-1, EB-2, EB-3 and EB-5.
Depending on the category, the permanent residence process may require an employer sponsor, permanent job offer, labor certification, immigrant petition and an available visa number.
This distinction matters because an H-1B or L-1 approval does not itself provide a green card. Similarly, approval of Form I-140 does not necessarily mean an applicant can immediately file Form I-485 or receive an immigrant visa.
What Changed for Employment-Based Visas in 2026–27?
| Update | Status as of September 8, 2026 | Who Is Affected |
| FY 2027 H-1B wage-weighted selection | Effective and used for FY 2027 | Cap-subject H-1B employers and beneficiaries |
| FY 2027 H-1B registration | Closed; initial selection completed March 31, 2026 | Employers that registered in March 2026 |
| $100,000 payment for certain new H-1B petitions | Temporary requirement for covered petitions; scheduled to expire unless extended | Certain new H-1B cases, particularly involving entry from abroad |
| Proposed $103,265 H-1B cap fee | Proposed rule only; not currently effective | Future cap-subject petitioners if finalized |
| Premium-processing fee increase | Effective March 1, 2026 | Eligible Forms I-129, I-140, I-539 and I-765 |
| Expanded H-1B and L-1 biometric fee | Effective September 9, 2026 | Covered employers with H-1B/L-1-heavy U.S. workforces |
| Revised public-charge policy and Form I-485 | Effective September 18, 2026 | Adjustment-of-status applicants, including many employment-based applicants |
| Mandatory electronic filing framework | Authorizes future form-specific mandates but does not mandate every form | Future USCIS filers after form-specific notice |
| EB-5 Regional Center Program | Authorized through September 30, 2027 | Qualifying immigrant investors |
FY 2027 H-1B Selection Is Now Wage-Weighted
The FY 2027 H-1B cap season introduced a major departure from the previous equal-chance random selection model.
Under the final weighted-selection rule, effective February 27, 2026, USCIS assigns selection weight according to the Occupational Employment and Wage Statistics wage level that the offered wage equals or exceeds.
- Wage Level IV receives four entries in the selection pool.
- Wage Level III receives three entries.
- Wage Level II receives two entries.
- Wage Level I receives one entry.
The process remains a lottery, but selection probabilities are no longer equal across wage levels. A higher wage level improves the relative chance of selection. It does not guarantee selection or petition approval.
USCIS opened FY 2027 registration from March 4 through March 19, 2026, and completed the initial selection process on March 31.
An employer that did not submit a registration during that period cannot now enter the initial FY 2027 selection. Properly submitted but unselected registrations may remain available if USCIS later determines that additional selections are necessary.
What Does the H-1B Change Mean for Employers?
Employers should align the offered wage, Standard Occupational Classification code, worksite location and job requirements before submitting an H-1B registration.
Prevailing wages vary by occupation and geographic area. The same salary may correspond to different wage levels in Irvine, San Francisco, Austin or New York.
The final rule does not require every H-1B employer to offer a Level III or Level IV wage. It changes selection probability, not the underlying requirement that the employer pay at least the higher of the actual wage or applicable prevailing wage.
Artificially increasing the offered wage or using an inaccurate occupation, worksite or wage level could create credibility and compliance problems when the selected employer files the complete petition.
Employers and applicants who missed the cap may evaluate whether a cap-exempt H-1B, L-1 intracompany transfer, O-1 extraordinary-ability petition or another lawful route fits their circumstances.
These categories are not interchangeable alternatives. Each has independent legal, employment and documentation requirements.
Is There a New $100,000 H-1B Fee?
Two separate H-1B payment measures are currently being discussed, and employers should not confuse them.
A presidential proclamation requires a $100,000 payment for certain new H-1B petitions filed after September 21, 2025. USCIS states that a covered petition filed without evidence of payment or an approved exception may be denied.
USCIS has also clarified that the requirement does not apply in the same way to every H-1B filing. Certain amendments, changes of status and extensions for applicants already inside the United States may not be covered.
The proclamation is scheduled to expire 12 months after its effective date unless extended. Employers should review the current USCIS proclamation guidance before assuming that the payment is or is not required.
Separately, DHS published a proposal on August 25, 2026, that would impose an additional $103,265 fee on all H-1B cap-subject petitions.
The Federal Register notice is a notice of proposed rulemaking, with public comments due September 24, 2026.
As of September 8, 2026, the proposed $103,265 fee is not a final rule and is not a current filing fee.
The distinction is critical for employer budgeting. One measure is a temporary payment requirement with specific coverage and possible exceptions. The other remains a proposal that may be changed or withdrawn before any final rule is published.
H-1B and L-1 Supplemental Fee Rules Expand September 9, 2026
Beginning September 9, 2026, certain employers must pay the 9-11 Response and Biometric Entry-Exit Fee for a broader range of H-1B and L-1 petitions.
The rule applies to employers that:
- Employ at least 50 people in the United States; and
- Have a U.S. workforce in which more than 50% of employees hold H-1B or L-1 status.
For covered employers, the supplemental fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions.
The final rule expands the fee to qualifying extension-of-status petitions, including certain extensions involving continued employment with the same employer.
Most U.S. employers do not meet both statutory thresholds. However, human resources and immigration teams should confirm their U.S. employee count and H-1B/L-1 workforce percentage before filing Form I-129 on or after the effective date.
Premium Processing Costs Increased in 2026
Premium processing allows eligible applicants and petitioners to request faster USCIS adjudicative action. It does not guarantee approval.
Under the 2026 inflation adjustment, premium-processing fees increased on March 1, 2026.
The premium-processing fee is now $2,965 for most eligible Form I-129 classifications, including H-1B, L-1, O-1 and TN. The same fee applies to eligible Form I-140 employment-based immigrant petitions.
Different premium-processing fees apply to certain Form I-539 and Form I-765 categories.
Submitting Form I-907 with an outdated or incorrect fee can result in rejection. Applicants and employers should verify the current USCIS fee schedule immediately before filing.
A New Form I-485 and Public-Charge Framework Begin September 18
USCIS rescinded the 2022 public-charge regulation and announced new guidance effective September 18, 2026.
The revised policy applies to Forms I-485 pending or filed on or after that date unless a specific exemption applies. USCIS will also require the 09/18/26 edition of Form I-485 for filings submitted on or after the effective date.
Older editions submitted after the transition deadline may be rejected.
Employment-based applicants are not automatically exempt from public-charge inadmissibility. The public-charge analysis is separate from whether an applicant qualifies for EB-1, EB-2 or EB-3 classification.
Anyone preparing an adjustment-of-status application around the transition should use the current Form I-485 page and review the USCIS public-charge guidance.
Applicants should avoid downloading immigration forms long before filing. USCIS can reject a submission containing the wrong form edition or filing fee even when the underlying applicant might otherwise qualify.
September 2026 Employment-Based Green Card Priority Dates
Employment-based immigrant visas are numerically limited. An applicant’s priority date generally establishes their place in line, while the monthly Department of State Visa Bulletin determines whether a visa number is available.
For September 2026, USCIS requires employment-based adjustment-of-status applicants to use the Final Action Dates chart.
The official September 2026 Visa Bulletin lists the following major cutoffs:
| Category | Most Countries | China | India | Mexico | Philippines |
| EB-1 | Current | July 1, 2023 | October 15, 2022 | Current | Current |
| EB-2 | Current | September 1, 2021 | Unavailable | Current | Current |
| EB-3 professionals and skilled workers | September 1, 2024 | January 1, 2022 | January 1, 2014 | September 1, 2024 | August 1, 2023 |
| EB-3 other workers | April 1, 2022 | May 1, 2019 | January 1, 2014 | April 1, 2022 | December 1, 2021 |
| EB-5 unreserved | Current | December 1, 2016 | Unavailable | Current | Current |
| EB-5 rural set-aside | Current | Current | Current | Current | Current |
| EB-5 high-unemployment set-aside | Current | Current | Current | Current | Current |
| EB-5 infrastructure set-aside | Current | Current | Current | Current | Current |
“Current” means a visa number is available to qualified applicants without a category cutoff date.
“Unavailable” means no visa numbers are authorized in that category for the month.
When a date appears, an applicant’s priority date must generally be earlier than the published cutoff.
The Department of State also warned that India EB-1 could become unavailable before the fiscal year ends on September 30, 2026. EB-2 and unreserved EB-5 could also retrogress or become unavailable if annual limits are reached.
Applicants should review the USCIS adjustment-of-status filing chart every month instead of relying on an older article, social media post or screenshot.
What Should EB-1 Applicants Do Now?
The EB-1 visa category may serve individuals with extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers.
EB-1A does not require a permanent job offer or labor certification. However, satisfying a threshold number of evidentiary criteria does not automatically establish eligibility.
USCIS evaluates the total record to determine whether it demonstrates the required level of sustained national or international acclaim. Evidence should also show that the applicant intends to continue working in the field of expertise.
For Indian and Chinese applicants, EB-1 is not automatically current. A filing strategy should account for the applicant’s actual priority date and possible Visa Bulletin movement rather than assuming that a higher preference category eliminates the waiting period.
What Should EB-2 and NIW Applicants Do Now?
The EB-2 visa category covers professionals with advanced degrees and individuals with exceptional ability.
A National Interest Waiver can remove the job-offer and labor-certification requirements when the applicant satisfies the NIW framework. However, it does not eliminate the need to establish underlying EB-2 eligibility.
A well-prepared NIW case should:
- Define the proposed endeavor in concrete terms.
- Establish its substantial merit and national importance.
- Demonstrate that the applicant is well positioned to advance the endeavor.
- Explain why waiving the job offer and labor certification would benefit the United States.
Generic statements that an industry is important are usually insufficient. The evidence should connect the applicant’s qualifications, achievements, plans, partnerships and potential impact to the proposed endeavor.
What Should EB-3 Applicants and Employers Do Now?
The EB-3 visa generally requires a permanent, full-time U.S. job offer and approved labor certification.
The employer’s minimum job requirements, prevailing-wage request, recruitment campaign, applicant qualifications and later Form I-140 petition should remain consistent throughout the process.
Employers should begin the PERM advertising process early enough to manage recruitment windows, documentation requirements and possible delays without rushing.
A proposed Department of Labor rule published in March 2026 could change the methodology used to calculate prevailing wages if finalized. However, it remains a proposal as of this update. Employers should not use proposed wage formulas as though they are currently effective.
What Is Known About Employment-Based Visas in 2027?
Several 2027 developments are already known.
The FY 2027 H-1B initial selection process has been completed under the new wage-weighted system. Selected cap cases are now moving through petition adjudication.
The EB-5 Regional Center Program is currently authorized through September 30, 2027.
USCIS also has regulatory authority to require electronic filing for forms that meet its availability requirements. However, the electronic-filing rule does not automatically require every immigration form to be filed online. USCIS must announce form-specific requirements and provide advance notice.
Other 2027 developments remain uncertain.
The October 2026 Visa Bulletin will begin the new fiscal year, but applicants should not assume that every employment-based category will become current or advance significantly.
Visa availability can be affected by:
- Annual category limits
- Per-country limits
- Applicant demand
- Unused visa number flow
- Government processing capacity
- Policy changes
- Litigation
- Country-specific restrictions
Country-specific entry restrictions and consular processing measures may affect an applicant even when the underlying employment category is available.
Applicants should review current Department of State visa processing information and obtain case-specific guidance before scheduling consular processing or international travel.
How to Choose the Right Employment-Based Visa Strategy
The best employment-based visa is the category that fits the evidence available now, the employer’s circumstances and the applicant’s long-term objective.
| Situation | Category to Evaluate | Central Issue |
| U.S. specialty-occupation job offer | H-1B | Cap exposure, wage level and specialty-occupation fit |
| Transfer from a related foreign company | L-1A or L-1B | Corporate relationship, prior employment and U.S. role |
| Sustained distinction in a professional field | O-1 or EB-1A | Quality of evidence and totality of the record |
| Advanced degree or exceptional ability involving nationally important work | EB-2 NIW | Proposed endeavor and national-interest analysis |
| Permanent employer-sponsored position | EB-2 or EB-3 through PERM | Recruitment, prevailing wage and priority-date timing |
| Multinational executive or manager seeking permanent residence | EB-1C | Qualifying relationship and managerial or executive capacity |
| Qualifying investment and job creation | EB-5 | Lawful source of funds, project risk and visa availability |
Parallel planning may be lawful and useful in some cases.
For example, a professional may maintain temporary work status while an employer-sponsored or self-petitioned immigrant case proceeds. However, the interaction among nonimmigrant intent, international travel, status maintenance, petition timing and adjustment of status should be reviewed before filing.
2026–27 Employment Visa Planning Checklist
Before choosing or filing an employment-based visa strategy:
- Define whether the immediate objective is temporary employment, permanent residence or both.
- Confirm the applicant’s present immigration status, expiration date, travel plans and work authorization.
- Determine whether the case requires employer sponsorship, a labor condition application, PERM labor certification or no employer.
- Check the latest Visa Bulletin and USCIS filing chart using the correct category, priority date and country of chargeability.
- Verify the current form edition, filing address, government fee and premium-processing availability.
- For H-1B planning, confirm the occupation, worksite, offered wage and corresponding OEWS wage level.
- For EB-1A, O-1 or NIW, organize evidence around the applicable legal standard rather than collecting disconnected achievements.
- For L-1 or EB-1C, document ownership, corporate control, active operations, reporting lines and actual job duties.
- For PERM cases, maintain consistency among the job description, minimum requirements, recruitment campaign and Form I-140 evidence.
- Recheck country-specific entry and consular restrictions before traveling or scheduling an interview.
Frequently Asked Questions About Employment-Based Visas
What are the main U.S. employment-based visa categories?
Temporary employment categories include H-1B, L-1, O-1 and TN. Employment-based immigrant categories include EB-1 priority workers, EB-2 advanced-degree professionals and individuals with exceptional ability, EB-3 skilled workers, professionals and other workers, EB-4 special immigrants, and EB-5 immigrant investors.
Is the FY 2027 H-1B lottery still random?
The process remains random within a weighted selection system. Registrations assigned to higher OEWS wage levels receive more entries in the selection pool. A Level IV registration receives four entries, while a Level I registration receives one.
Can I still register for the FY 2027 H-1B cap?
The initial registration period closed on March 19, 2026, and USCIS completed initial selections on March 31. USCIS may conduct additional selections from properly submitted registrations if necessary, but employers cannot submit new initial registrations unless USCIS reopens the process.
Is the proposed $103,265 H-1B fee already required?
No. As of September 8, 2026, the $103,265 fee is part of a proposed rule and has not taken effect. It should not be confused with the separate $100,000 payment requirement that currently applies to certain new H-1B petitions under a presidential proclamation.
Does an approved Form I-140 allow me to file Form I-485 immediately?
Not always. A visa number must be available, and the applicant’s priority date must qualify under the Visa Bulletin chart designated by USCIS for that month. The applicant must also independently qualify to adjust status.
Can an employment-based applicant self-petition?
Some categories permit self-petitioning, including EB-1A, EB-2 National Interest Waiver and EB-5. Most traditional EB-2 and EB-3 cases require a U.S. employer sponsor and approved labor certification.
No. Premium processing requires USCIS to take qualifying adjudicative action within the applicable processing period. That action may be an approval, denial, request for evidence, notice of intent to deny or another qualifying response.
Will employment-based priority dates advance in October 2026?
They may change when the new fiscal year begins, but forward movement is not guaranteed. Applicant demand, annual allocations, per-country limits and visa number usage determine each month’s dates.
Can I apply for more than one employment-based immigration pathway?
In some situations, an applicant may pursue multiple legitimate immigration pathways. For example, a professional may maintain temporary H-1B or L-1 status while an employment-based immigrant petition is pending. Every filing must independently satisfy its eligibility requirements.
Build a Strategy Around the Rules That Apply to Your Case
The 2026–27 employment-based visa environment rewards early planning, accurate classification and precise documentation.
H-1B employers must now consider selection weighting in addition to petition eligibility. Employment-based green card applicants must monitor priority dates, adjustment requirements and form changes. Multinational companies, exceptional professionals, entrepreneurs and investors should compare the available routes before committing to a single strategy.
Visa Beyond supports professionals, employers, entrepreneurs and investors with structured U.S. immigration and business planning from Irvine, California.
Contact Visa Beyond to discuss the facts, timing and documentation involved in your U.S. employment visa strategy.
Important: This article provides general educational information and does not constitute legal advice. Immigration rules, fees, forms, visa availability, court orders and agency guidance can change quickly. Verify current requirements with USCIS, the Department of State and qualified immigration counsel before filing or traveling.
