Since February 2026, the H-1B lottery has weighed the offered wage level, and in September 2026 a presidential proclamation tying certain new petitions to an additional payment was extended for another year. For employers and professionals in New York, that means more paperwork and closer attention to USCIS updates.
The H-1B visa remains the main route to legal employment in the United States for engineers, software developers, architects and researchers, including many graduates of New York universities. Recent months, however, have brought changes that affect the selection process itself, filing costs and the timing of consular trips.
Why the H-1B changes matter
H-1B is a nonimmigrant visa for specialty occupations: jobs that require specialized knowledge and, as a rule, at least a bachelor’s degree in a specific field. By statute, new H-1B approvals are capped at 65,000 per year, with an additional 20,000 reserved for holders of a U.S. master’s degree or higher. The figures are restated in a Department of Homeland Security rule published in the Federal Register on December 29, 2025.
Demand has outpaced supply for years, so electronic registration and USCIS selection determine who may file a petition at all. One detail often surprises candidates: workers cannot register themselves. The prospective employer files the registration, which is why every rule change lands on businesses first.
In New York, the impact reaches international students finishing degrees in Manhattan and Brooklyn and working on OPT, as well as professionals recruited by tech and engineering firms in Long Island City and across the river in New Jersey. For many of them, the old question of “will I get picked?” now has new variables.
Wage-weighted selection and an extended proclamation
The first change is how registrations are selected. The DHS rule took effect on February 27, 2026, in time for the fiscal year 2027 registration season. Each registration enters the pool according to the wage level of the job offer under OEWS data for the occupation and work location: four entries for Level IV, three for Level III, two for Level II and one for Level I. Each beneficiary counts only once, regardless of how many registrations were filed.
The second change concerns entry. A presidential proclamation signed on September 19, 2025, restricts entry of certain H-1B workers unless the petition is accompanied by a $100,000 payment. According to the text published in the Federal Register on September 23, 2026, the restriction was extended for 12 months starting September 21, 2026. It mainly affects workers who are outside the United States, and it allows national-interest exceptions at the discretion of the Secretary of Homeland Security.
Implementation of the payment has been challenged in federal court, and its status shifted more than once this year. Separately, a Department of Labor proposal from March 2026 would raise prevailing wage levels for H-1B and PERM labor certification. It is still a proposed rule and has no legal effect unless finalized.
For the full process, from the job offer and the Labor Condition Application to the consular interview, see our step-by-step H-1B guide with documents and common mistakes.
What it means for employers and workers
Getting selected is only the beginning. What decides an H-1B case is preparation: whether the position truly requires specialized knowledge, whether the wage meets the requirements, and whether the employer’s and the worker’s documents tell the same story. With rules changing frequently, the current law should be checked before every decision.
In practice, salary and job level now shape not only the LCA but also the odds in the lottery itself. A student on OPT changing status inside the U.S. faces a different path than a professional who must travel from abroad and attend a consular interview after the petition is approved. The two situations call for different planning and different timelines.
More on Attorney Nicelli’s immigration practice is available in the firm’s profile and contact details on PolishPages.
Ahead of the next registration season
Registration typically opens in the spring, with dates announced by USCIS. Employers considering a hire usually start early: defining the role, setting the wage level and confirming where the work will be performed. With the proclamation in force and litigation ongoing, current USCIS announcements should be checked before any petition is filed.
The firm describes its H-1B work on its specialty worker visa page (Polish-language site), and the full range of services is listed in the John Nicelli & Associates directory listing.
This article is for informational purposes only and does not constitute legal advice. Every case requires an individual assessment — please contact John Nicelli & Associates about your situation. Attorney advertising.
