H-1B 2026: the $100K fee, wage-weighted lottery, and what it means for Brazilians
The H-1B you remember — random lottery, $780 fee, 85K cap — is gone. The 2026 H-1B is a high-wage product. And the alternative — EB-2 NIW — has never been more attractive for Brazilians.
Reviewed by Dra. Izi Pinho — Florida Bar #126610··7 min read
A September 2025 presidential proclamation plus the USCIS wage-weighted selection rule have fundamentally changed the H-1B economics. For many Brazilians eyeing H-1B as their US entry path, it's time to reassess.
The Sep 2025 proclamation
- $100K supplemental fee per NEW H-1B worker admitted from abroad or requesting a new visa abroad. Paid by the employer.
- Applies to new I-129 H-1B petitions filed after Sep 21, 2025 for workers OUTSIDE the US.
- Does NOT apply to: renewals with same employer, workers already in the US doing change-of-status to H-1B without departing, H-1B1 (Chile/Singapore).
- Legal challenges in progress; no permanent injunction as of April 2026.
Wage-weighted lottery
| Wage Level | Relative wage | Lottery entries |
|---|---|---|
| Level IV (expert) | Top 33% | 4 entries |
| Level III | Next 33% | 3 |
| Level II | Next 33% | 2 |
| Level I (entry) | Bottom 33% | 1 entry |
Employer cost in 2026
Total for a worker already in the US: $8,700–15,200. Total for a worker IN BRAZIL: $108,700–115,200. The difference is the new $100K proclamation fee.
Why EB-2 NIW became the obvious alternative
| Dimension | H-1B (2026) | EB-2 NIW |
|---|---|---|
| Employer required | Yes | No — self-petition |
| Gov cost | ~$3.6K emp + $100K if abroad | $4,245 (applicant) |
| Attorney fees | $5.5K–9K (emp) | $8.5K–14K (applicant) |
| Lottery | Yes — wage-weighted | No |
| Final result | Temp visa 3+3 yrs | Permanent green card |
| Brazil queue | No specific queue | CURRENT Apr 2026 |
When H-1B still works in 2026
- Already in US in another status (F-1 OPT, L-1) → change-of-status avoids the $100K.
- Senior role paying $200K+ where employer absorbs cost.
- No merit-based alternative (no publications/patents for NIW).
- Urgent employer need (3–6 months) — H-1B premium + COS faster than NIW I-140.
Frequently asked questions
- Is the $100K fee in force?
- Yes, since Sep 21, 2025. Litigation ongoing but no permanent injunction as of April 2026.
- If I'm in the US on F-1, does the $100K affect me?
- No. Internal change-of-status from F-1 OPT to H-1B avoids the fee. This is now the dominant path for US-educated Brazilians.
- Does EB-2 NIW work for a recent OPT grad?
- It can if the profile justifies it — publications, patents, national-reach work. Dhanasar (2016) has been applied with more flexibility for emerging-field profiles (AI, clean energy, biotech).