H-1B in 2026: The New Rules, $100,000 Fee, and Employer Compliance Risks

Shaena M. Rowland, Senior Attorney | Hunton Andrews Kurth LLP

Shaena M. Rowland is a senior attorney in the Washington, DC office of Hunton Andrews Kurth LLP, where she concentrates her practice on all aspects of US immigration law, with an emphasis on employment-based immigration processes.

• Education & Credentials

Ms. Rowland earned her J.D. from the University of Miami School of Law in 2007 and her B.A. from Bard College at Simon’s Rock in 2004. She is admitted to practice in Florida, New Jersey, and the District of Columbia.

• Recognition & Leadership

She has been recommended for Immigration by Legal 500 United States (2023–2026) and was named an Immigration Law Trailblazer by The National Law Journal (2023).

• Professional Involvement

Ms. Rowland is a member of the American Immigration Lawyers Association’s Verification and Documentation Committee and of the Florida and New Jersey bar associations. She has presented on US employment visas at the AIRI 2023 Annual Meeting, spoken to the George Washington University Women’s Pre-Law Student Association, and written on visa bulletins and immigration compliance.

• Experience

Her practice covers employment-based immigration processes, including specialty occupation (E-3, H-1B, H-1B1), intracompany transfer (L-1), extraordinary ability (O-1), and treaty NAFTA (TN) visas.

SESSION 1 – The New H-1B Landscape: Selection, Fees, and Employer Strategy | 12:00pm – 1:00pm

This session provides a practical examination of the new H-1B selection rules, increased costs, and changing petition requirements employers face in 2026. It addresses the new wage-weighted H-1B selection process, the $100,000 supplemental fee and the litigation surrounding it, specialty occupation requirements and documentation, and H-1B portability, extensions, amendments, and changes in employment. The session also covers strategic alternatives when H-1B sponsorship becomes more difficult.

BREAK | 1:00pm – 1:10pm

SESSION 2 – H-1B Enforcement and Risk Management: Preparing Employers for Increased Scrutiny | 1:10pm – 2:10pm

Federal agencies are placing greater emphasis on H-1B program integrity, wage compliance, job requirements, and employer obligations, making it increasingly important for employers to identify vulnerabilities and strengthen their immigration programs. This session examines the Department of Labor’s H-1B enforcement priorities, including Project Firewall, and provides practical guidance for preparing for DOL investigations and H-1B compliance reviews. It addresses LCA compliance and wagerelated risks, site visits and government verification of H-1B employment, common compliance failures, and the unique challenges of maintaining H-1B compliance in remote and hybrid work environments.