Business Immigration In 2025–2026: Key Takeaways For Employers

U.S. business immigration is in a period of structural change. In the last 18–24 months we have seen a beneficiary-centric H-1B lottery, a major United States Citizenship and Immigration Services (USCIS) fee overhaul, permanent I-9 remote inspection for some employers, a new $100,000 supplemental fee on many new H-1B petitions, and many changes in work-authorization policies.

Below is a concise overview of what employers should know now, and what to watch going into 2026.

1. H-1B: beneficiary-centric selection is here to stay

A Department of Homeland Security (DHS) final rule shifted H-1B selection to a beneficiary-centric model: each individual can now be selected only once, regardless of how many employers register them.

USCIS data for recent cap seasons show fewer registrations and fewer suspected duplicate/fraudulent filings, but selection odds for most candidates remain low.

Practical takeaway:

• "Stacking" registrations through related entities no longer improves odds and does invite fraud scrutiny.
• Identify H-1B candidates early and assume many strong candidates will not clear the cap.

2. USCIS fees and 2026 inflation adjustments

USCIS' fee rules raised fees for key employment petitions throughout the year, increased premium processing to $2,805, and created a new Asylum Program Fee.

A separate rule will adjust certain fees again for inflation as of January 1, 2026.

Practical takeaway:

• Historic fee schedules are no longer a safe budgeting proxy.
• Decide which cases truly need premium processing and which can be filed on standard timelines.

3. I-9, E-Verify, and remote inspection: audits are up, fines are real

DHS now allows qualifying E-Verify employers in good standing to complete I-9 document inspection remotely, subject to strict conditions and consistent use at each E-Verify hiring site.

Immigration and Customs Enforcement (ICE) has also updated its Form I-9 fine matrix and increased civil penalties for 2025. Paperwork violations now generally range from the high hundreds to low thousands of dollars per I-9, or higher if ICE finds knowing hire/continuing-to-employ violations.

Practical takeaway:

• Decide whether to adopt the remote procedure and apply it consistently at each E-Verify site.
• Align written I-9 policies with actual practice; train HR and onboarding staff.
• Conduct internal I-9 audits (or third-party reviews), correct what you can, and document good-faith compliance to mitigate penalties.

4. Work authorization and EADs: volatility and planning risk

USCIS used to allow automatic Employment Authorization Document (EAD) extensions for many categories to up to 540 days to address renewal backlogs.

In late 2025, DHS announced a rollback of broad 540-day automatic extensions for many categories, with a renewed focus on security and case-by-case vetting. Many EAD categories are now eligible for only an 18-month validity period. The details and litigation risk around that rollback are still developing.

Practical takeaway:

• Maintain a roster of employees whose work authorization depends on EADs (especially spouses, Temporary Protected Status, parole, and asylum-related categories).
• File renewals early and plan for possible work-authorization gaps.
• Do not treat parole- or humanitarian-based EADs as long-term workforce solutions without a path to more durable status.

5. For investors and founders: Entrepreneur Parole, EB-5, and E-2 as alternatives to H-1B

For some clients—particularly founders and investors—capital-based pathways can supplement or replace traditional employment-based options.

International Entrepreneur Parole (IEP).

IEP allows certain startup founders to be paroled into the U.S. when their companies show "significant public benefit" through qualified investment, grants, or revenue. It is discretionary and time-limited, but can be an effective bridge for venture-backed founders, often paired with long-term EB-1/EB-2 planning.

EB-5 Immigrant Investor.

EB-5 remains the principal direct to green card investor route, extended under recent legislation with heightened integrity rules and source-of-funds scrutiny. It offers permanent residence for the investor and qualifying family if capital, job-creation, and compliance requirements are met, but requires substantial investment and careful structuring.

Separately, the administration has proposed "gold card"–style investor options at much higher price points that could eventually replace or reshape EB-5, but those proposals are not yet law and remain politically and legally contested.

E-2 treaty investor.

The E-2 nonimmigrant category allows nationals of treaty countries to invest a "substantial" amount of capital in a U.S. business and come to develop and direct that enterprise. There is no annual cap and status can be renewed while the business remains viable. It does not directly lead to a green card and is limited to treaty-country nationals, but can be an attractive H-1B alternative for owner-operators.

6. Looking to 2026: three practical priorities

a. Exploring alternatives to H-1Bs in light of the $100,000 fee

A presidential proclamation imposes a one-time $100,000 supplemental fee on many new H-1B petitions filed on or after September 21, 2025. Guidance indicates most in-country extensions and changes of status are exempt, but the contours of the exemptions are technical and still being tested.

Action items:

• Treat "new-from-abroad" H-1Bs as high-cost, exception-based hires.
• Prioritize candidates already in the U.S. (F-1/OPT/STEM, J-1, other NIV) who can change status without triggering the fee.
• Systematically evaluate non-H-1B options (TN, E-3, O-1, L-1, EB-5, E-2, appropriate J-1 programs) and near-shore/remote structures where commercially feasible.

b. Compliance and audit-readiness

Expect continued I-9 and worksite enforcement, particularly in high-turnover sectors. A repeatable compliance program—policies, training, internal audits, and documented corrective action—is now a core element of enterprise risk management, not just an HR housekeeping item.

c. Cost control and scenario planning

Between the 2024 fee rule, the 2026 inflation adjustment, and the $100,000 H-1B fee, immigration is a materially larger line item. Model "base," "high," and "litigation" scenarios, including:

• Standard fees and premium processing;
• Possible changes to EAD extension policies; and
• Outside counsel and internal time for audits or government inquiries.

Bottom line

For employers, the 2025–2026 landscape is defined by higher costs, more scrutiny, structurally tighter H-1B access, and greater volatility for employees reliant on temporary or discretionary work authorization.

Now is the time to pressure-test your I-9 program, revisit immigration budgeting, and map out both talent- and capital-based options—so you can design a hiring and retention strategy that can withstand the next policy shift.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.