H-1B applicants in 2026 face stricter social media vetting, a $100,000 fee for overseas filings, and a 40% chance of 221(g) administrative processing delays.

The DOL pause on LCAs during the November 2025 shutdown created a stacked queue when processing resumed, feeding a surge of H‑1B filings into USCIS’s 11.3 million-case backlog and causing longer waits for change of status approvals into early 2026.

A timely-filed H-1B extension provides 240 days of automatic work authorization while USCIS decides. If the case remains pending past day 240, work authorization stops, though lawful presence continues if the petition was timely filed. Premium processing offers a 15-day adjudication to minimize gaps.

USCIS will keep processing H-1B petitions during a shutdown because it’s fee-funded, but new filings needing a DOL-certified LCA may be delayed. Workers can start when a valid change-of-employer petition is filed, yet must stop if denied. A $100,000 payment requirement for new petitions effective September 21, 2025, may affect employer hiring decisions.

USCIS generally maintains H-4 EAD processing during shutdowns. Processing in 2025 is often 3–6 months but can extend to 4–12 months. Timely renewals filed from Jan 13, 2025 receive up to 540 days automatic extension. File early, retain records, and update employer HR practices; premium processing is not an option.