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Wednesday, January 21, 2026

What legal experts want professionals to know about H-1B changes in 2026 - IT Brew

In 2025, the Trump administration targeted the IT industry’s use of the H-1B visa program. Companies were subjected to a $100,000 one-time fee for sponsoring a potential employee, and contractors relying on the visa received additional scrutiny.

In 2026, things aren’t likely to settle down, according to experts, who anticipate issues over the cap exemption criteria changes, a weighted selection for the H-1B lottery, and additional scrutiny of third-party work sites.

Cecilia Esterline, a senior immigration policy analyst at the Niskanen Center, a bipartisan thinktank in Washington, DC, told IT Brew that all of the proposed changes to the H-1B are concerning, and may reduce employers’ willingness to sponsor an employee from overseas.

“Now there’s this uncertainty and unpredictability that has been introduced into an otherwise somewhat predictable program,” Esterline said.

Breaking things down. The Trump administration released a proposed rule in September regarding cap exemption criteria. Because of the huge number of H-1B applicants every year, there’s a cap for these visas, with 65,000 available for all beneficiaries and 20,000 for those who have a US masters degree or higher. Certain employers, including nonprofit and government research organizations, also qualify for a cap exemption.

While no one is exactly sure how the Trump administration might change the H-1B in 2026, Esterline said that the industry saw the Biden administration expand the definition of who could...



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