H-1B in 2027 for Chinese Companies: The $100,000 Payment, Wage-Weighted Selection and What an EOR Can and Cannot Do

For 2027 planning, two H-1B measures are in force. Proclamation 11069 extends the $100,000 payment requirement for certain H-1B entries until September 21, 2027, and the wage-weighted cap selection rule (effective February 27, 2026) gives higher wage levels more lottery entries (Level IV gets four, Level I gets one). A $103,265 DHS fee and higher DOL wage levels are proposals only. The H-1B petitioner must be a U.S. employer, so a Chinese parent usually needs a U.S. subsidiary. Whether a U.S. Employer of Record (EOR) can serve as petitioner is not confirmed from official text we could read; take it to U.S. immigration counsel.

Table of Contents

1. The Short Answer: What Chinese Companies Should Know About H-1B for 2027
2. The $100,000 Payment: Proclamation 10973 and Its Extension by Proclamation 11069
3. Reading the Payment Mechanics: Who, When and for Which Beneficiaries
4. Wage-Weighted Selection: How the Cap Lottery Works Now
5. Proposed Only: The $103,265 DHS Fee and the DOL Wage-Level Proposal
6. In Force or Proposed? A Status Table for Your Planning File
7. Chinese Nationals and U.S. Visa Reciprocity: What the State Department Page Says
8. H-1B for a Chinese Company: The U.S. Subsidiary Route
9. Can an EOR or PEO Be the H-1B Petitioner? The Open Question
10. How Knit Supports EOR and Work Visa Hires
11. Alternative Pathways Compared
12. Illustrative Scenario (Hypothetical) and a 2027 Planning Checklist
13. Frequently Asked Questions
14. Glossary of Key Terms
15. About Knit
16. Related Reading

1. The Short Answer: What Chinese Companies Should Know About H-1B for 2027

Three things shape H-1B planning for a Chinese company heading into 2027: a $100,000 payment on certain new H-1B entries, a lottery that now favors higher wage levels, and two proposed rules that could raise costs and wage floors further. Only the first two are in force. The third is a proposal, and it should be treated that way until a final rule is published.

This article is written for HR heads, global mobility leads, CFOs and founders at Chinese companies that want to place their own staff, or newly hired talent, in the United States. A Chinese national working in the United States is a foreign national there, so the rules below apply to your people in the same way they apply to any other non-U.S. citizen. We cover the H-1B, a non-immigrant work visa for specialty occupations. We do not cover permanent residence or any other long-term status.

Here is the situation as of November 2026, based on official texts we reviewed:

• The $100,000 payment is extended. Proclamation 11069, signed on September 18, 2026 and published at 91 Federal Register (FR) 60497, extends Proclamation 10973 of September 19, 2025 for 12 more months, to September 21, 2027.
• Wage-weighted selection is in force. The Department of Homeland Security (DHS) final rule at 90 FR 60864 took effect on February 27, 2026 and applied first to the fiscal year (FY) 2027 registration season. Whether it governs the FY 2028 selection in spring 2027 is something we could not confirm from the pages we read, so check it before you plan.
• A $103,265 DHS fee is proposed. It appears in a notice of proposed rulemaking (NPRM) at 91 FR 54817. Its comment period has closed, and it is not final.
• Higher DOL wage levels are proposed. A Department of Labor (DOL) NPRM at 91 FR 15454 would raise the percentiles behind the four wage levels. It is also not final.
• The petitioner must be a U.S. employer. DOL describes the H-1B as a program that lets U.S. employers temporarily employ foreign workers in specialty occupations. A Chinese company with no U.S. entity cannot simply file on its own behalf in the way it would hire at home.
• Whether an EOR can be the petitioner is unresolved for our purposes. USCIS (U.S. Citizenship and Immigration Services) pages could not be retrieved for this review, so we make no claim either way.

The rest of this article takes each point in turn, labels every source, and ends with a checklist you can adapt. If you are new to the model, our explainer on what an Employer of Record is gives the background, and our global hiring guides cover other destinations.

Two cautions apply throughout. First, U.S. immigration policy has changed quickly in the past year, and the pages we cite may be updated, corrected or superseded after November 2026. Second, nothing here is legal, tax or immigration advice. Where a point turns on facts, use U.S. immigration counsel.

2. The $100,000 Payment: Proclamation 10973 and Its Extension by Proclamation 11069

The payment requirement started with Presidential Proclamation 10973, "Restriction on Entry of Certain Nonimmigrant Workers," dated September 19, 2025. Both the DHS weighted selection rule and the DOL wage proposal refer to it as the starting point for their policy goals. The DHS rule describes it as directing DHS to prioritize high-skilled, high-paid admissions through rulemaking, and the DOL proposal describes it as directing the Secretary of Labor to revise H-1B prevailing wage levels.

On September 18, 2026, a follow-on proclamation extended the restriction. You can read the White House text of the proclamation and the Federal Register publication of Proclamation 11069. Based on those pages:

• Number and citation. Proclamation 11069, published on September 23, 2026 at 91 FR 60497.
• What it does. It extends Proclamation 10973 for 12 additional months.
• End date. The text gives the end as September 21, 2027, "absent extension."
• The core rule. Entry of H-1B specialty occupation workers is restricted unless the petition is accompanied or supplemented by a $100,000 payment.
• Exceptions. The DHS Secretary may exempt an individual, all workers of a company, or all workers in an industry, if the Secretary finds, in his or her discretion, that the hiring is in the national interest and poses no threat to U.S. security or welfare. The proclamation describes exceptions as very limited, and the pages we read do not publish criteria for them.
• What happens next. The proclamation asks the relevant Secretaries and the Attorney General to jointly recommend whether to extend further. The recommendation is due no later than 30 days after the H-1B lottery that follows the proclamation.

The last point matters for planning. The restriction runs to September 21, 2027, but the recommendation on extension is due shortly after the next lottery. That means a Chinese company registering in spring 2027 should assume it may be filing under the payment requirement, while accepting that the position could change before or after the end date.

A source detail to note. Section 1(a) of the proclamation sets the effective time at 12:01 a.m. EDT on September 21, 2026, with the restriction expiring 12 months after that. The introductory text gives the end as 12:00 a.m. EDT on September 21, 2027. The difference is one minute, and it is unlikely to matter for a typical case. If a filing date falls close to the boundary, treat the operative text of the official Federal Register edition as controlling and confirm the timing with counsel.

One more point of caution. The White House text states that the payment has been made for more than 700 petitions. We cite this only as a statement in the proclamation, not as an indicator of how any given case will be handled. We also do not comment on any court proceedings about the payment, because we have not reviewed primary court documents.

3. Reading the Payment Mechanics: Who, When and for Which Beneficiaries

The most common questions we hear from Chinese employers are practical ones. Who pays? When? Does it apply to my person? The proclamation text answers some of them and leaves others to agency guidance.

What the proclamation states.

• Employer obligation (Section 2(a)). Before filing a petition for a beneficiary who is outside the United States, the employer must obtain and keep documentation that the payment was made.
• Visa processing (Section 2(b)). The State Department verifies receipt during visa processing and approves only cases where the payment was made.
• Enforcement (Section 2(c)). State and DHS coordinate to deny entry to H-1B workers whose employers did not pay.
• DHS decisions (Section 1(b)). DHS is to restrict decisions on petitions that lack the payment for beneficiaries outside the United States, for 12 months.
• Who is covered (Section 3(a)). People who enter or attempt to enter the United States on or after the effective date and who must seek admission for an approved petition to take effect. This includes consular notification, port-of-entry notification, pre-flight inspection and pre-clearance.

What the text does not settle. The proclamation does not use the term "new petitions," and it does not explicitly address beneficiaries who are already in the United States. We read the text as focused on beneficiaries outside the country, but how it applies to a change of status or an extension for someone already in the United States is a question for counsel and for current USCIS guidance. We could not retrieve USCIS pages for this review, so we do not state any USCIS interpretation.

For a Chinese company, the practical split looks like this:

Two planning habits follow. First, decide who bears the payment in your internal budget and in any contract with a service provider, before the registration is filed. Second, keep the payment documentation with the petition file, as the proclamation expects employers to retain it.

Because the payment is a single, large, front-loaded cost, it changes the business case for a role. A company that would have registered five junior candidates may now register one or two senior ones, or look at a different route. That connects directly to the lottery rules in the next section.

4. Wage-Weighted Selection: How the Cap Lottery Works Now

The H-1B has an annual numerical limit. DOL's H-1B page gives it as 65,000 visas a year, plus 20,000 under the advanced degree exemption, "under current laws." When registrations exceed what is needed, USCIS must select among them. Until recently, that was a random lottery. It is no longer purely random.

The DHS final rule on weighted selection, published on December 29, 2025 at 90 FR 60864, took effect on February 27, 2026. Based on the page we reviewed:

• It applies only when random selection is needed. If registrations do not exceed the projected need, the weighting does not come into play.
• Each beneficiary is placed at a wage level. USCIS assigns the beneficiary to the highest Occupational Employment and Wage Statistics (OEWS) wage level that the offered wage equals or exceeds for the relevant occupation code in the area of intended employment.
• Higher levels get more entries. Level IV enters the selection pool four times, Level III three times, Level II twice and Level I once.
• Each unique beneficiary counts once toward projections. Submitting more than one registration for the same person does not multiply their count toward the numerical projections.
• The cap itself does not change. The rule does not alter the 65,000 figure or exclude employers at any wage level from selection.
• First fiscal year. The rule applied to the FY 2027 registration season, for registrations submitted on or after its effective date.

What registrants must provide. The rule's table of contents lists required information that includes the OEWS wage level, the basis for that level and supporting evidence, the occupation code of the position and the area of intended employment. We could not read the exact form fields, so check the current registration instructions.

Wage level and the offered wage are linked. The DHS preamble explains that weighting uses the offered salary. A job that is classified at Level I for Labor Condition Application (LCA) purposes can still be weighted at a higher level if the salary offered meets that higher level. The rule does not itself require an employer to offer a higher wage. It changes the odds, not the minimum.

FY 2028 and 2027 planning. The question most Chinese employers ask is whether this applies to the next lottery. The spring 2027 registration period would be for FY 2028. The parts of the final rule that we reviewed do not state an end date, but the excerpt we could read did not include the operative regulatory text in full, and it did not address whether the rule applies to future fiscal years. Treat continuation as unconfirmed, read the current USCIS registration announcement when it appears, and plan on the assumption that wage level will matter.

What this means for a Chinese company. The weighting rewards roles that are paid at the upper wage levels for their occupation and location. For example, a senior engineer in a high-cost metro area, paid at a high percentile, has more entries than a junior hire in the same field. If your hiring plan relies on entry-level roles, the odds per registration are lower than under a purely random system. That is a planning fact, not a reason to inflate wages: an offered wage must also be one the employer can attest to and sustain under the LCA process, which we describe in section 8.

5. Proposed Only: The $103,265 DHS Fee and the DOL Wage-Level Proposal

Two further measures are in the Federal Register as proposals. Neither is a final rule. Planning documents should label them as "proposed" and keep them separate from the costs and requirements in force.

The proposed DHS fee

The DHS notice of proposed rulemaking on a fee for certain H-1B petitions was published on August 25, 2026 at 91 FR 54817. Based on the page we reviewed:

• The amount. $103,265, payable at the time of filing.
• Who it would apply to. All H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The document states that it does not apply to cap-exempt filings.
• How it relates to the proclamation. It would be in addition to all other applicable fees and to any separate payment obligation required under a presidential proclamation. If both applied, the petitioner would pay both amounts.
• Stated rationale. Recovering costs of adjudication services across several federal agencies, citing the fee authority in the Immigration and Nationality Act (INA).
• Status. The comment period ended on September 24, 2026, and the page states that comments are no longer being accepted. A correction was published on September 10, 2026, which we did not review. The document also says DHS may adjust its calculations in light of related rules.

Because it is a proposal, the final amount, scope and effective date could differ from what was published. Nothing in the text we read tells us when, or whether, a final rule will follow.

The proposed DOL wage-level change

The DOL notice of proposed rulemaking on wage protections was published on March 27, 2026 at 91 FR 15454. The comment period ended on May 26, 2026, and the page reports 1,322 comments received. It proposes to change how the four prevailing wage levels are computed from the OEWS survey:

The proposal covers the H-1B and two smaller programs that use the same temporary-worker wage structure, the H-1B1 (for Chile and Singapore) and the E-3 (for Australia). It also affects a permanent labor certification process, which is outside the scope of this article.

The document notes that earlier attempts to change these levels, in a 2020 interim final rule and a 2021 final rule, were challenged and vacated or set aside, and that the 2005 methodology is the current baseline. In other words, there is precedent for a proposed wage change failing to take effect. We do not predict an outcome.

Why it matters for Chinese employers. If adopted as proposed, the wage that an employer must offer at each level would rise, which would raise the cost of every H-1B role. It would also interact with weighted selection, because the wage levels used for weighting come from the same four-tier structure. Until a final rule is published, use the current levels for compliance and run the proposed levels as a sensitivity case in budgets.

6. In Force or Proposed? A Status Table for Your Planning File

Mixing up final and proposed measures is the most common error in H-1B budgeting right now. The table below separates them. Update it whenever an agency publishes something new.

The last row is a gap. We could not retrieve USCIS pages for this review, so we do not state any registration or filing fee. Do not copy a fee from a third-party article into a budget. Get the current schedule from the agency or from counsel.

7. Chinese Nationals and U.S. Visa Reciprocity: What the State Department Page Says

Once a petition is approved, the employee still has to obtain a visa at a U.S. consulate (unless already in the country in a valid status). The State Department publishes a reciprocity schedule by nationality. The State Department reciprocity page for China lists the following for nationals of the People's Republic of China (PRC):

Four points follow for a Chinese employer.

The H-1B visa stamp is shorter than the petition may be. The page lists a 12-month validity for PRC nationals, and says validity may not exceed the petition's period or the months shown, whichever is less. That is a visa validity limit for consular issuance. It is separate from the period of the approved petition. Employees who travel will need to plan renewals of the visa itself, which affects travel budgets and scheduling.

The reciprocity fee is separate from the visa application fee. The page notes that the reciprocity fee is a different item from the machine-readable visa (MRV) application fee. We do not state the MRV amount, because we did not confirm it on a page we fetched.

The E-2 is not available. The page lists "No Treaty" for E-1 and E-2 for PRC nationals. A Chinese national therefore cannot use the treaty investor route described by those categories, and a Chinese company that has heard of the E-2 from other contexts should not plan around it.

The page itself warns about accuracy. It states that information may contain errors, so confirm current figures with the U.S. Embassy or consulate where the employee will apply. Appointment availability and administrative processing are separate issues, and we make no claims about timing.

For employees' families, the H-4 line is the relevant entry. We mention it only because it appears in the same table; we do not cover work authorization for dependents.

8. H-1B for a Chinese Company: The U.S. Subsidiary Route

The DOL page is clear on the basic structure. The H-1B lets U.S. employers temporarily employ foreign workers on a non-immigrant basis in specialty occupations, which it describes as roles needing specialized knowledge and at least a bachelor's degree or its equivalent in a specific field. Before filing a petition with USCIS or obtaining a visa from the State Department, the employer submits a Labor Condition Application (LCA) to DOL. The DOL H-1B program page describes the sequence this way:

1. The employer files the LCA through DOL's FLAG system, no more than six months before the employment start date.
2. DOL reviews the LCA within seven working days for completeness and obvious errors.
3. After certification, the employer proceeds with USCIS and, where relevant, the State Department.

Three features of that process matter for Chinese companies.

The employer makes attestations and carries the burden. By signing the LCA, the employer confirms compliance with program requirements, and the DOL page states that the employer bears the burden of proving the information is truthful and accurate. The wage, the worksite and the job details need documentation before filing.

DOL does not decide the visa. The page states that DOL does not adjudicate USCIS petitions or issue visas. Its role is to review and certify LCAs. Approval of the petition and the visa is decided by USCIS and the State Department.

The page does not set out wage rules. It links to a separate prevailing wage section, which we did not review. The wage figures that matter for the LCA, and for weighted selection, come from the wage-level structure discussed in sections 4 and 5.

What this means in practice. A Chinese parent that wants to place an employee in the United States typically needs a U.S. employing entity, such as a subsidiary, that can sign the LCA, file the petition, pay the wage and bear the employer's obligations. The employee's role should be a specialty occupation and should be paid at least the required wage. If your company is still deciding whether to form a U.S. entity, our guide on hiring foreign employees covers the general considerations, and our United States Employer of Record page explains how an EOR supports U.S. employment more broadly.

Assigned employees versus new hires. Chinese companies often think of two groups. The first is staff already employed in China who are assigned to the U.S. subsidiary. The second is talent hired directly in the United States, including graduates of U.S. universities. For H-1B purposes, the questions are similar: who is the U.S. employer, what is the role, what is the wage and which wage level does it meet. But the second group may already be in the United States, which is where the payment's reach is least clear from the text (section 3). The first group is typically outside the country when the petition is filed.

Costs to keep in view. For a role filed for a beneficiary outside the United States, the in-force payment is $100,000 under the proclamation. The proposed DHS fee of $103,265, if finalized as written, would be on top of it for cap-subject petitions. Other federal filing fees apply, and we could not confirm them from official text. A company that budgets only for salary and legal fees will under-budget.

9. Can an EOR or PEO Be the H-1B Petitioner? The Open Question

This is the question many Chinese employers ask first: can an EOR sponsor an H-1B? Our answer is that we cannot confirm it from official text, and the reason is specific.

What the official text we read does say. The DOL page describes the H-1B as a program for U.S. employers. The LCA is filed by the employer, who attests to the terms of employment and bears the burden of proving them accurate. The proclamation places the obligation to obtain and keep payment documentation on the employer. Those statements tell us that the identity of the employer is central to every step.

What we could not confirm. Whether USCIS accepts a U.S.-registered EOR or Professional Employer Organization (PEO) as the petitioner for a worker placed with a client is a point of USCIS policy and regulation. USCIS pages could not be retrieved for this review, and the pages we could read do not address it. We therefore make no assertion that an EOR can, or cannot, serve as the H-1B petitioner. The EOR structure should be reviewed by U.S. immigration counsel against the federal rules that govern the employment relationship in H-1B cases.

Why the answer matters. In an EOR arrangement, a locally registered entity is the legal employer and the client directs the daily work. For many countries, that structure supports visa sponsorship by the local legal employer. For the United States, the questions are different, and they depend on facts:

• Who is named as the employer on the LCA and the petition? The attestations and wage obligations attach to that party.
• Where will the work be performed, and for whom? A placement at a client site raises questions that counsel should review.
• Who bears the $100,000 payment and any other fees? The proclamation puts the documentation duty on the employer, but a contract can allocate the cost.
• Who tracks renewals, amendments and changes in the role or location? A change in job or worksite can require action, and the responsible party must be clear.

PEO versus EOR. A PEO usually shares employer responsibilities with a client that already has a U.S. entity, while an EOR becomes the legal employer where the client has none. Our comparison of PEO versus EOR explains the difference. Neither label answers the H-1B petitioner question by itself.

A cautious approach for planning.

1. Treat "EOR as petitioner" as unconfirmed until counsel says otherwise in writing for your facts.
2. If you have, or can set up, a U.S. entity of your own, ask counsel to compare that route with any EOR-based structure.
3. If you use a provider for the application work only, ask who the named petitioner will be, and get the answer in the contract.
4. Do not assume that because a provider offers visa support in another country, the same structure works for the H-1B.

For the United States, an EOR remains useful for the employment side of a hire: compliant contracts, payroll and benefits administration for U.S.-based employees. That is a different question from who files the H-1B, and the two should be kept apart in your planning. Related compliance topics, such as status deadlines after a job ends, are covered in our guide on U.S. visa grace period changes for HR.

10. How Knit Supports EOR and Work Visa Hires

Knit's main service is the Employer of Record (EOR). In an EOR arrangement, a locally registered entity is the legal employer of the worker, and the client directs the daily work. Knit People supports employers with employee work visa applications, including document preparation, form completion, and communication and follow-up with local authorities, to help employees obtain compliant work authorization under local rules. Knit also offers a standalone work visa support service as a value-add for employers that need only that. For the scope available in your destination, confirm the scope for your destination with the Knit team.

For H-1B planning in particular, the useful contribution from an EOR provider is clarity about roles. Our Employer of Record services page and our United States EOR page describe the employment side. Approval of any work authorization is always decided by the local authority, which in this case means USCIS and the State Department. Use the Knit People home page to see the full list of services, or contact the Knit team to discuss a specific plan.

How Knit People Compares

Three questions matter more than brand names when you compare providers for a U.S. work visa. Who is the named employer or sponsor on the application? What does the provider do during the application? Who tracks renewals and changes afterward? The table below sets out how two providers describe their visa support on public pages, as of November 2026. It describes services only and does not rank them.

Approval is decided by the local authority whichever provider you choose.

11. Alternative Pathways Compared

If the $100,000 payment, the lottery odds or the open petitioner question make the H-1B a poor fit for a given person, other routes exist. We describe only what we confirmed from official pages. USCIS pages could not be retrieved, so we do not state eligibility criteria for L-1 or O-1 here. Counsel can confirm them.

A few comments on how to use the table.

The L-1 and O-1 columns are leads, not advice. We list what the State Department page shows because it is verifiable. The eligibility rules for each category sit with USCIS. Do not assume that a route is open or closed based on this table.

Different routes have different cost shapes. The H-1B now carries a large front-loaded payment for covered entries. Other routes may have different costs, but we do not state them without a source.

Timing differs. The H-1B cap process runs through an annual registration. Other routes may not. Because we cannot give accurate processing times from official sources, we do not state any. Ask counsel for current expectations.

A combined plan is common. Some companies begin an employee in the United States under an employment-only arrangement if the person already has work authorization, then file the visa application through a U.S. employer when the structure is settled. That decision depends on the individual's status, so it is a question for counsel.

12. Illustrative Scenario (Hypothetical) and a 2027 Planning Checklist

Illustrative scenario (hypothetical, not a real client). Company C is a Chinese software company that wants to open a U.S. engineering team. It plans to bring Employee A, a senior engineer currently based in China, to work in the United States, and it also wants to hire two recent graduates of a U.S. university, Employees B and D, who are already in the country.

Company C works through the following steps.

1. Decide the employer. Company C forms a U.S. subsidiary, which would be the employer for the H-1B filing. It asks U.S. immigration counsel whether any EOR-based alternative is possible for its facts, and records the answer in writing.
2. Check the status of each measure. It builds a table like the one in section 6, and it marks the $103,265 fee and the higher wage levels as proposed.
3. Test the wage level. It checks which wage level the offered pay meets for the occupation and area. Employee A's role would likely sit at a higher level than the graduates' roles, so it has more entries in a weighted lottery. Counsel confirms the wage levels and the LCA wage.
4. Budget the payment for the right person. Employee A is outside the United States, so the $100,000 payment is expected to apply to that filing. Employees B and D are already in the country, and the proclamation text does not explicitly address them, so the company asks counsel how the payment applies and builds two budget cases.
5. Run a sensitivity case. For a cap-subject filing for Employee A, the company models the proposed $103,265 fee in addition to the $100,000 payment, because the proposal states that it would be in addition to any proclamation payment. On that basis, the two items alone would total $203,265 before other federal fees and legal costs. This is arithmetic from published proposals, not a forecast.
6. Plan the visa stamp. Because the State Department page shows 12-month validity for PRC nationals, Company C plans for consular renewals when Employee A travels.
7. Set ownership. It writes down who tracks the LCA, any amendments, the payment documentation and renewals, and who signs off.
8. Watch the dates. It sets reminders to check for a USCIS registration announcement for FY 2028 and for any new proclamation after the next lottery.

In this version, the hard part is not any single step. It is deciding before registration who the employer is and which numbers are final.

2027 planning checklist for a Chinese company

• Confirm who will be the named U.S. employer on the LCA and the petition.
• Ask U.S. immigration counsel, in writing, whether any EOR or PEO structure can serve as petitioner on your facts.
• Mark each cost and rule as "in force," "proposed" or "unconfirmed."
• Obtain current USCIS registration and filing fees from the agency or counsel.
• Confirm how the $100,000 payment applies to each beneficiary, including anyone already in the United States.
• Check the wage level for each role and the area of intended employment.
• Confirm whether weighted selection applies to the FY 2028 registration.
• Plan for the 12-month visa validity shown for PRC nationals and for travel.
• Decide who bears the payment and fees in any provider contract.
• Re-check official sources before every filing; rules change.

13. Frequently Asked Questions

Q: Is the $100,000 H-1B payment still required in 2027?

Proclamation 11069 extends the restriction until September 21, 2027, unless it is extended or changed. Entry of covered H-1B workers is restricted unless the petition is accompanied or supplemented by the payment. The proclamation also calls for a recommendation on further extension within 30 days after the next lottery. Check for updates before filing.

Q: Does the $100,000 payment apply to people already in the United States?

The proclamation text we reviewed focuses on beneficiaries outside the United States, and it does not explicitly address those already in the country. How it applies to a change of status or extension is a question for U.S. immigration counsel and current USCIS guidance. We could not retrieve USCIS pages, so we do not state their position.

Q: How does the H-1B wage-weighted lottery work?

When registrations exceed what is needed, selection is weighted by the wage level the offered wage meets. Level IV gets four entries, Level III three, Level II two and Level I one. The final rule took effect on February 27, 2026 and applied first to FY 2027. Whether it governs FY 2028 should be confirmed before planning.

Q: Is the $103,265 fee final?

No. It appears in a DHS notice of proposed rulemaking published on August 25, 2026 (91 FR 54817), and the comment period closed on September 24, 2026. As proposed, it would apply to cap-subject petitions and be in addition to any proclamation payment. The final amount and scope could differ.

Q: Are the higher DOL wage levels in force?

No. The DOL proposal published on March 27, 2026 (91 FR 15454) would raise the percentiles behind the four wage levels, for example from the 17th to the 34th percentile for Level I. It is a proposed rule, and earlier attempts to change the levels were set aside. Use current levels for compliance and the proposal for budgeting sensitivity.

Q: Can a Chinese company file an H-1B petition without a U.S. entity?

DOL describes the H-1B as a program for U.S. employers, and the employer files the LCA and makes the attestations. A Chinese company with no U.S. entity would generally need a U.S. employing entity or another structure that counsel confirms. Ask U.S. immigration counsel which structure fits your facts.

Q: Can an EOR sponsor an H-1B?

We cannot confirm this from official text. The pages we could read place the employer at the center of the LCA and the payment documentation, and USCIS pages were not available for review. The EOR structure should be reviewed by U.S. immigration counsel before any plan relies on it.

Q: Can Chinese nationals use the E-2 visa?

No, per the State Department's China reciprocity page, which lists E-1 and E-2 as "No Treaty" for PRC nationals. Those categories are issued only to nationals of countries with a qualifying treaty. A Chinese company should plan around other work visa categories.

Q: How long is an H-1B visa valid for a PRC national?

The State Department page lists 12 months, multiple entries and no reciprocity fee for H-1B. It adds that validity may not exceed the approved petition's validity or the months shown, whichever is less. The visa validity is separate from the petition period, so confirm current figures with the consulate where the employee applies.

Q: Who decides whether an H-1B is approved?

USCIS decides the petition and the State Department decides the visa. DOL certifies the LCA but does not adjudicate petitions or issue visas. No provider can decide or guarantee the outcome, so use any support service for preparation and tracking, and confirm the named petitioner in writing.

14. Glossary of Key Terms

H-1B: A U.S. non-immigrant work visa category for specialty occupations. It requires a U.S. employer and, per DOL, specialized knowledge and at least a bachelor's degree or equivalent in a specific field.

Proclamation 10973: The September 19, 2025 presidential proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," that began the $100,000 payment requirement for covered H-1B entries.

Proclamation 11069: The September 18, 2026 proclamation (91 FR 60497) that extends the restriction for 12 months, to September 21, 2027.

Wage-weighted selection: The DHS rule (90 FR 60864) under which a beneficiary's selection entries depend on the OEWS wage level the offered wage meets: four for Level IV, three for III, two for II and one for Level I.

OEWS: Occupational Employment and Wage Statistics, the survey used to set the wage levels referred to in the weighted selection rule and the DOL proposal.

Labor Condition Application (LCA): The DOL form in which the employer attests to wages and working conditions before filing the H-1B petition. DOL reviews it for completeness and obvious errors.

Cap-subject and cap-exempt: Cap-subject petitions count against the annual limit of 65,000 plus 20,000 for the advanced degree exemption. Cap-exempt petitions are not counted. The proposed DHS fee text states that it would not apply to cap-exempt filings.

Prevailing wage level: One of four tiers (I to IV) derived from OEWS data and used for LCA wage requirements. The DOL NPRM proposes to raise the percentile behind each tier.

Notice of proposed rulemaking (NPRM): A Federal Register notice that proposes a rule and invites public comment. A proposed rule is not in force until a final rule is published.

Reciprocity schedule: The State Department's table, by nationality, of visa fees, entries and validity. For PRC nationals it lists H-1B at 12 months with multiple entries and no reciprocity fee.

Employer of Record (EOR): A locally registered entity that acts as the legal employer of a worker on behalf of a client company. The client directs the daily work.

Petitioner: The employer that files the visa petition with USCIS. For the H-1B, it must be a U.S. employer, and whether an EOR can fill this role should be confirmed with U.S. immigration counsel.

15. About Knit

Knit People was founded in Canada in 2015 and has about 11 years of experience supporting international employers. It serves 4,000+ clients across 172 countries and regions, processes over USD 600 million in annual payroll, operates 60+ owned entities, and maintains a China operations hub in Shenzhen. Its services include Employer of Record, PEO, Global Payroll and Contractor of Record, along with headhunting and recruitment, background checks, entity registration, global tax, insurance and work visa support. Knit holds MSB license No. M23187879. To discuss your overseas team or a cross-border hiring plan, contact the Knit team or review the Employer of Record services page.

16. Related Reading

• Employer of Record in the United States
• What Is an Employer of Record?
• PEO vs. EOR: Understanding the Difference
• U.S. Visa Grace Period Elimination: An HR Compliance Guide
• Hiring Foreign Employees: What Employers Need to Know
• Global Hiring Guides
• Knit People Blog

This article is general educational information about non-immigrant work visa planning in the United States. It is not legal, tax or immigration advice. Rules, fees and proclamations change, and several measures discussed here are proposals only. The content reflects public official texts reviewed in November 2026, some of them unofficial web renditions of Federal Register documents. USCIS pages could not be reviewed, so USCIS fees, eligibility criteria and any position on EOR or PEO petitioners are unconfirmed. Before relying on any point, confirm the current position with the relevant authority, with Knit's local team, and with licensed U.S. immigration counsel.