February 9, 2026 is the date driving this year’s H-1B cap conversation. Rep. Greg Steube introduced the EXILE Act, proposing to end new H-1B visa issuance starting in a future fiscal year. Employers and candidates now face two parallel tracks: the FY 2027 cap season preparations and a proposed legislative change that could reset the program.
1) Overview of the EXILE Act and its sponsor
Rep. Greg Steube (R-Fla.) introduced the Ending Exploitative Imported Labor Exemptions (EXILE) Act on February 9, 2026. The bill is proposed legislation, not current law.
At a high level, the EXILE Act proposes amending INA § 214(g)(1)(A) (8 U.S.C. § 1184) to eliminate the H-1B program starting in a future fiscal year. In plain English, “eliminating H-1B” would mean no new H-1B approvals under the cap. That would immediately affect onboarding plans tied to the lottery. It would also affect long-term hiring pipelines that rely on F-1 to H-1B transitions.
The bill’s introduction matters even before any vote. Employers may see candidates delay decisions. Employees may see offers conditioned on cap outcomes and policy risk.
📅 Key Date: The EXILE Act was introduced on February 9, 2026. It is a proposal and does not change H-1B rules today.
2) Current H-1B program structure and the proposed change
How the H-1B program works today
The cap-subject H-1B program is built around an annual numerical limit. It includes a regular cap and a separate advanced-degree exemption for certain U.S. master’s degree holders. USCIS runs an electronic registration process first. Employers then file full petitions only for selected beneficiaries.
Cap-subject H-1B planning is timeline-driven. For FY 2027, the employment start date is October 1, 2026. Most employers must complete role scoping, wage strategy, and documentation before registration opens.
Who is affected under current rules:
- Employers planning FY 2027 hiring, especially in tech, finance, engineering, and healthcare.
- Current H-1B workers seeking a cap-subject “new” H-1B, such as a change from cap-exempt to cap-subject employment.
- Prospective applicants, including candidates abroad and those in the U.S. on OPT.
- F-1 students counting on the cap season to maintain work authorization after OPT.
What changes if the proposal becomes law
If Congress sets the H-1B cap numbers to zero starting in the stated fiscal year, employers would be unable to file new cap-subject H-1B petitions. The practical effect would be a hard stop for many first-time H-1B hires.
Open questions would likely follow, depending on statutory language and agency guidance. Stakeholders would watch for how USCIS treats:
- Extensions for current H-1B workers.
- Amendments for role or site changes.
- H-1B transfers and concurrent employment.
- Cap-exempt filings, if untouched by the bill.
Even if a bill targets “issuance,” agencies still must publish instructions. That creates planning risk during the cap season.
One-registration-per-beneficiary rule remains in place today. Since the 2025 change, selection is beneficiary-centric. A person can be registered by multiple employers, but selection is based on the individual. This reduces duplicate-entry advantage.
⚠️ Employer Alert: Do not assume multiple related entities improve odds. USCIS now selects by beneficiary, then ties the selection to a registrant.
FY 2027 H-1B cap season timeline (projected)
USCIS has not yet posted exact FY 2027 dates as of Tuesday, February 10, 2026. The agency typically follows the same window each year.
| FY 2027 Milestone | Date (projected) |
|---|---|
| Registration Opens | Early-to-mid March 2026 |
| Registration Closes | Mid-to-late March 2026 |
| Selection Notifications | Late March / Early April 2026 |
| Filing Window | April 1 – June 30, 2026 (typical) |
| Employment Start | October 1, 2026 |
3) Rationale and stated goals of the EXILE Act
Rep. Steube frames the EXILE Act as a worker-protection bill. His public statements and office messaging emphasize alleged displacement of U.S. workers. He also cites wage suppression and corporate incentives to hire lower-cost labor.
These arguments often connect to real program design debates. Those debates include prevailing wage calibration, third-party placement controls, and enforcement resources. Eliminating the program is different from tightening compliance.
For context, the H-1B program already includes wage rules. Employers must pay the higher of the prevailing wage or the actual wage for similarly employed workers. Prevailing wage levels run from Level I (entry) through Level IV (expert). Level I cases often face heavier USCIS scrutiny.
4) H-1B usage by nationality and recent trends
Nationality patterns are frequently cited in H-1B debates. USCIS data cited in the draft states that in FY 2024, India accounted for 283,397 approvals (71%), and China accounted for 46,680 approvals (11.7%). The draft also cites that Indian nationals were nearly 73% of approvals in FY 2022.
It is important to define what “approvals” represent. Approvals can include:
- Initial employment petitions.
- Extensions.
- Amendments.
- Changes of employer.
High concentration by nationality can reflect global labor supply, U.S. employer demand, and student-to-work pipelines. It does not, by itself, prove displacement. Displacement analysis usually needs job-market controls and wage comparisons.
The draft also cites a FY 2025 trend. Indian IT firms’ new-hire H-1B approvals fell 37% to 4,573, described as a 10-year low. Several factors can influence such shifts, including compliance scrutiny, employer mix, and market cycles.
💼 Employee Tip: Verify the offered wage meets or exceeds the correct prevailing wage level for your SOC code and worksite. Use flcdatacenter.com to check ranges.
5) Context: related bills, debates, and industry impact
The EXILE Act is not the only proposal in this space. The draft notes a similar bill introduced by Rep. Marjorie Taylor Greene. Even without passage, repeated proposals can affect planning.
Operationally, “uncertainty” has specific meanings for employers and workers:
- Offers may become conditional on selection and policy changes.
- Start dates may slide due to filing or RFE cycles.
- Global teams may shift work abroad while waiting for cap outcomes.
- Students may choose Day 1 CPT, cap-exempt pathways, or foreign placements.
The draft also references fee uncertainty, including reports of fees “up to $100,000” under prior policy discussions. Employers should separate enacted fees from proposals. For FY 2027 planning, use the current USCIS fee schedule and budget for premium processing if timing is tight.
6) Next steps and procedural status
As of February 10, 2026, the EXILE Act is at the introduced stage per the draft. Committee timing is not stated there.
For the bill to become law, it would typically need:
- Committee hearings and possible markup.
- Passage in the House.
- Passage in the Senate.
- Reconciliation of any differences.
- Presidential signature.
What to watch during cap season:
- Committee hearing calendars and markups.
- Companion legislation in the other chamber.
- Amendments that change the effective fiscal year.
- Language clarifying treatment of extensions, transfers, and cap-exempt filings.
⏰ Deadline: Most cap-subject employers should finalize job titles, SOC codes, and wage strategy by late February 2026 to be ready for March registration.
What happens next for FY 2027: selected vs. not selected
If selected
- The employer files the full H-1B petition in the USCIS filing window.
- The employer must have an approved LCA covering the role, wage, and location.
- USCIS may issue RFEs, especially for Level I wages or broad duties.
- If approved, the worker can start October 1, 2026.
If not selected
- The employer cannot file a cap-subject petition for that worker.
- Some years include later selection rounds, but timing varies.
- Workers should map out status gaps, OPT end dates, and travel plans.
Alternatives if not selected (or if policy risk rises)
- Cap-exempt H-1B: Universities, nonprofit affiliates, and research organizations can file year-round.
- O-1: For individuals with strong evidence of extraordinary ability.
- L-1: For intracompany transferees meeting qualifying employment requirements.
- TN: For eligible Canadian and Mexican professionals in listed occupations.
- E-2 / E-1: For treaty investors or traders, when nationality and facts fit.
- STEM OPT: For eligible F-1 graduates needing more time, if available.
Projected FY 2028 timeline (early view)
If the H-1B program remains unchanged, expect FY 2028 registration to again occur in March 2027, with an employment start date of October 1, 2027. Employers should treat this as a planning assumption until USCIS posts dates.
Action items (February–March 2026):
- Employers: Confirm the job qualifies as a specialty occupation. Align duties with the degree field. Set wage level consistent with experience and supervision.
- Employees: Ask for the SOC code, worksite address, and offered wage. Confirm the degree match and keep transcripts and evaluations ready.
- Both: Track USCIS cap-season announcements. Monitor the EXILE Act’s committee activity and any amendments affecting effective dates.
📋 Official Resources: – H-1B Program: uscis.gov/h-1b-specialty-occupations – Cap Season: uscis.gov/h-1b-cap-season – Prevailing Wages: flcdatacenter.com
