H-1B Processing Delays, Increased Fees, and New Restrictions Mark May 2026

May 2026 marks a period of significant shifts and increased scrutiny within the H-1B visa program. Stakeholders are navigating new processing challenges, increased financial burdens, and heightened enforcement efforts. The Department of Labor (DOL) released its April 2026 update on PERM and prevailing wage processing, indicating current processing times and potential backlogs for these crucial steps in both H-1B and green card processes (Source 1). This update provides a snapshot of the operational pace for foundational immigration applications. Concurrently, the U.S. Citizenship and Immigration Services (USCIS) has implemented a new vetting process, which is reportedly causing widespread adjudication delays across various immigration petitions, including those directly related to H-1B visas (Source 2).

Widespread Adjudication Delays Impact H-1B Petitions

The U.S. Citizenship and Immigration Services (USCIS) has initiated a new, enhanced vetting process, leading to widespread delays in the adjudication of various immigration petitions. This new protocol significantly affects H-1B visa applications, creating uncertainty and extended waiting periods for both applicants and sponsoring employers (Source 2). The implementation of these new procedures means that individuals and companies should anticipate longer processing times for H-1B petitions, potentially impacting employment start dates and strategic planning. This development underscores the evolving operational environment for immigration services.

New Immigration Fees Take Effect Under Federal Law

Effective under federal law, new immigration fees have officially been implemented, directly impacting the cost of filing various H-1B related petitions and other immigration applications (Source 3). These revised fees represent an increased financial outlay for businesses and individuals navigating the H-1B program. The changes require careful budgeting and financial planning for companies sponsoring H-1B workers, adding another layer of consideration to the overall cost of employment-based immigration. This adjustment reflects broader policy decisions affecting immigration services funding.

Anticipated Restrictions and Higher Prevailing Wages for H-1B Visas

Looking ahead, new immigration restrictions are anticipated for H-1B visas and international students. Proposed rules are expected to further limit the H-1B category and significantly raise required prevailing wages (Source 5). These potential policy shifts could fundamentally reshape the eligibility criteria and cost structure for employing foreign workers under the H-1B program. The proposed changes signal a tightening of the H-1B framework, which could impact the availability and affordability of skilled foreign talent for U.S. businesses. Stakeholders are closely monitoring these developments for their potential long-term implications.

Enforcement Actions Target H-1B Ghost Office Scams

In a significant enforcement action, authorities in Texas have launched an investigation into nearly 30 companies suspected of misusing the H-1B visa program. These firms are alleged to have operated 'ghost offices' to unlawfully obtain visas for foreign workers (Source 4). This probe highlights ongoing efforts by government agencies to combat fraud and ensure compliance within the H-1B system. Such investigations serve as a deterrent against fraudulent practices and reinforce the integrity of the visa program, indicating a continued focus on employer accountability.