Major 2026 Immigration and Labor Policy Changes: What Employers Need to Know
Vaida Plesa, Esq.
Table of Contents
Employers that rely on foreign national talent are facing a rapidly changing federal policy environment. Proposed H-1B and OPT changes could increase costs and scrutiny, while separate developments at the National Labor Relations Board could change the rules governing workplace policies and union activity.
H-1B Fee and Program Changes
The Department of Homeland Security has proposed a new $103,265 fee for certain cap-subject H-1B petitions. The fee is not currently in effect — it is still going through the federal rulemaking process, and the final rule could differ from the proposal.
The fee is only one part of a broader effort to change the H-1B program. Regulators are also considering reforms to eligibility, cap exemptions, and rules for employers that place H-1B workers at third-party worksites — changes that matter most for consulting, staffing, and technology-services companies.
Important: Don't treat the proposed $103,265 amount as a current filing fee. Its final scope, amount, and effective date depend on the outcome of the rulemaking process.
Potential OPT Fees and Restrictions
Optional Practical Training (OPT) may also see significant changes. A proposed OPT fee rule has entered federal regulatory review, though the government has not yet disclosed the final proposed amount, and a separate effort could make broader changes to the program.
OPT is a major pathway for employers hiring international graduates, and it often gives workers time to pursue longer-term options like H-1B sponsorship. Treat reports of a specific fee amount cautiously until the government publishes the actual proposal — don't make hiring decisions based on unconfirmed numbers.
A Major Shift at the NLRB
Immigration isn't the only area in flux. A new majority at the National Labor Relations Board is creating the possibility of significant changes to recent labor-law precedent, and the NLRB General Counsel has flagged several issues for reconsideration, including severance agreements, employee handbook policies, and rules for employer communication during union organizing.
Key point: A General Counsel's position doesn't by itself change existing law. Current NLRB precedent still applies until the Board formally changes it.
What Employers Should Do Now
Separate immediate compliance obligations from proposals that may never become final rules:
- Model the potential cost impact of proposed H-1B and OPT fees on your sponsorship plans.
- Audit immigration compliance, especially for employees placed at third-party or client worksites.
- Review employment policies and severance agreements against the NLRB standards in effect today, not anticipated ones.
- Get individualized legal advice before changing sponsorship, employment, or union-related practices in response to a proposal.
Ready to talk to an attorney?
If your business sponsors H-1B or OPT workers, we can help you assess current obligations, prepare for potential policy changes, and plan your employment-based immigration strategy.
Schedule a Consultation About the Author
Vaida Plesa, Esq.
Vaida Plesa is the founding attorney of Plesa Immigration Law, LLC, focusing on U.S. immigration law with an emphasis on removal defense, family-based immigration, and protecting immigrants’ rights in an evolving enforcement landscape.