H-1B Strategy Changes 2026: What HR Leaders Need to Know for Policy and Planning

Immigration policy is shifting again, and HR leaders are once more in the middle of questions from employees and pressure from leadership. Two recent developments are top of mind:

1. The White House proclamation (effective Sept 21, 2025) requiring a $100,000 payment for new H-1B filings.

2. The DHS proposed regulation (will be published Sept 24, 2025) to change the H-1B selection process from a random draw to a weighted system based on salary levels.

These H-1B changes affect your HR policy and how you guide your current workforce, how you handle transfers, and how you plan for hiring in 2026.

What HR Needs to Communicate to Different Audiences (as of Sep 23, 2025)

For Employees

• If you are already in the U.S. on H-1B status: your visa remains valid. Renewals and transfers are not being canceled.

• If you are traveling: avoid non-essential trips for now. If you are abroad, return as soon as possible.

• If you are on another visa type or in the green card process: these announcements do not change your status.

👉 The goal is reassurance. Keep communication clear, simple, and consistent.

For Recruiters

• Prioritize roles that meet Level II or higher prevailing wage levels when considering H-1B sponsorship.

• Educate hiring managers that entry-level salaries may not be competitive under the proposed system.

• Build alternate candidate pipelines in case roles relying on H-1Bs cannot be filled.

For CFOs

• Plan for higher costs in 2026 cap filings — both through the possible $100,000 fee and salary adjustments needed for competitive wage levels.

• Align immigration planning with long-term headcount and compensation strategy.

For CTOs

• Review which technical roles rely most on H-1B hiring.

• Work with HR to identify if those roles are currently at Level I wages and may need adjustments.

• Prepare for potential talent gaps by exploring alternative sourcing or nearshoring options.

For CEOs

• Understand the reputational and operational risks if foreign national employees face disruptions.

• Support HR and Finance in making proactive policy and budget changes.

• Communicate the company's commitment to foreign national employees as part of the talent and diversity strategy.

Looking Ahead: Preparing for H-1B changes 2026 HR Policy

The 2026 H-1B season will not look like the past if the regulations go through. Random chance is being replaced with a system that explicitly ties immigration outcomes to salary levels. HR leaders will need to:

• Partner with compensation teams to review OEWS wage levels for roles.

• Educate hiring managers and recruiters that entry-level wages may not be competitive.

• Build contingency plans for roles that rely on H-1B sponsorship.

A Practical Tool for Employers

We’ve developed a Downloadable Employer Decision Framework that maps out the risks and recommended policies across renewals, transfers, travel, green card cases, and 2026 workforce planning. This framework is designed for internal HR use — to guide leadership decisions and provide clear employee messaging.

👉 HR leaders can download the full framework here after providing an email address.

Key Takeaway

Employees are looking to HR for clarity. Leadership is looking to HR for strategy. By tailoring communication for each audience and aligning with the Employer Decision Framework, you can calm today’s uncertainty and prepare your organization for tomorrow’s immigration landscape.

If you have questions about your company's strategy, please reach out to us at support@waylit.com

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This policy guide is for employers and does not replace legal advice for a specific case.