H-1B Transfer in 2026: How the $100,000 Proclamation Affects Changing Employers

Thinking about an H-1B transfer in 2026? Changing employers on an H-1B is still allowed, but the rules around new H-1B petitions have shifted sharply since the September 2025 proclamation. This guide explains what an H-1B transfer really is, how the $100,000 payment may or may not apply to you, the difference between a change of status and consular processing, and how to time a move safely.

Bottom line: An H-1B “transfer” is a new I-129 petition filed by your new employer. Whether the September 2025 $100,000 payment touches your case depends heavily on whether you are already in valid H-1B status inside the U.S. or need a new visa and entry from abroad. Confirm your exact scenario with an immigration attorney before you resign.

What an “H-1B transfer” actually is

There is no separate “transfer” form. When you change employers, your new employer files a fresh Form I-129 H-1B petition on your behalf. Because you already hold H-1B status and were counted against the cap in a prior year, you generally do not re-enter the lottery. Thanks to H-1B portability, you can typically begin working for the new employer once USCIS receives the new petition — you do not always have to wait for approval.

Key portability conditions:

• You were lawfully admitted to the U.S.
• The new petition is non-frivolous and filed before your current authorized stay expires.
• You have not worked without authorization since your last lawful admission.

The $100,000 proclamation: what USCIS actually says

On September 19, 2025, a Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” introduced a major change. According to the USCIS H-1B FAQ, the proclamation:

• Requires a $100,000 payment to accompany any new H-1B petition submitted after 12:01 a.m. EDT on September 21, 2025, including the 2026 lottery.
• Does not apply to previously issued H-1B visas or to any petition submitted before that date and time.
• Does not change the fees required for H-1B renewals — it is a one-time fee on submission of a new H-1B petition.
• Does not prevent a current H-1B holder from traveling in and out of the United States.

USCIS has also issued a separate guidance memo, and the Department of State and CBP posted parallel guidance. Because the measure is titled a restriction on entry, its heaviest impact falls on beneficiaries who must obtain a new visa and be admitted from abroad.

How this changes an H-1B transfer decision

Your situation	Likely path	$100,000 exposure
Already in valid H-1B status in the U.S., changing employers via extension/amendment	Change of status / portability	Generally treated as outside the entry restriction — confirm with counsel
Outside the U.S. and need a new H-1B visa to enter	Consular processing + entry	Most exposed to the payment requirement
Currently in H-1B, but plan to travel and re-enter on a new petition	Depends on admission facts	Higher risk — get legal advice first

The critical distinction is change of status (staying in the U.S.) versus consular processing (needing a new visa and admission). Practitioners widely view in-country change-of-employer petitions for workers already in valid H-1B status as different from the new-entry cases the proclamation targets — but this area is actively litigated and evolving, so treat any general statement (including this one) as a starting point, not legal advice.

Timing your H-1B transfer safely

1. Do not resign first. Wait until the new employer’s petition is prepared and, ideally, filed.
2. Confirm receipt. Portability lets you start work when USCIS receives the new petition — keep the receipt notice.
3. Mind your I-94. File before your current authorized stay ends to preserve status.
4. Be careful with travel. If your case could require a new visa and admission, talk to counsel before leaving the U.S.
5. Check current adjudication speed. Track how long H-1B petitions are taking on our H-1B processing times page and compare across forms on the USCIS processing times hub.

What else is changing for H-1B in 2026–2027

The proclamation also set up future rulemaking: the Department of Labor plans to raise prevailing wage levels, and DHS plans to prioritize higher-paid, higher-skilled workers in the H-1B lottery. Combined with the FY 2027 weighted selection process, wage level is under a brighter spotlight than ever. For deeper background, see our H-1B resource hub.

Frequently asked questions

Can I still transfer my H-1B to a new employer in 2026?

Yes. H-1B portability still lets you change employers, and workers already in valid H-1B status generally do not re-enter the lottery. Your new employer files a fresh I-129 petition.

Does the $100,000 payment apply to an H-1B transfer?

It depends. The USCIS FAQ says the payment applies to new H-1B petitions submitted after September 21, 2025 and does not change renewal fees. Its heaviest impact is on beneficiaries who need a new visa and entry from abroad. In-country change-of-employer cases are widely viewed differently, but the issue is litigated — confirm your scenario with an attorney.

When can I start working for the new employer?

Under H-1B portability, you can typically begin once USCIS receives the non-frivolous new petition, provided you were lawfully admitted and filed before your authorized stay expired.

Should I travel abroad during an H-1B transfer?

Be cautious. Current H-1B holders can generally travel, but if your change of employer could require a new visa and admission, international travel may create risk. Get legal advice before leaving.

Does the proclamation affect H-1B renewals or extensions?

No. USCIS states the proclamation does not change the fees required for H-1B renewals; it is a one-time fee tied to submitting a new petition.

Related reading

For more work-visa updates and timelines, visit the US Visa Tracker blog, the H-1B resource hub, or the USCIS processing times hub.

Sources: U.S. Citizenship and Immigration Services — H-1B FAQ (last updated June 15, 2026) and the associated USCIS guidance memo on the Presidential Proclamation of September 19, 2025 (uscis.gov). This article is general information, not legal advice; H-1B transfer rules under the 2025 proclamation are subject to ongoing litigation and change.