Introduction
The H-1B visa program is undergoing one of the most significant changes in recent history. A new $100,000 fee requirement for certain new H-1B petitions, combined with proposed wage-based lottery reforms, will reshape how employers hire and how foreign nationals plan their immigration paths.
Key Changes
$100,000 Fee Requirement
- Effective 12:01 a.m. EDT on September 21, 2025, new H-1B petitions must be accompanied by a $100,000 payment.
- The requirement is laid out in a Presidential Proclamation restricting entry of certain H-1B workers unless the fee is paid.
- The rule applies for 12 months from the effective date.
Who Is and Isn’t Affected
- Applies to new petitions filed after the effective date.
- Does not apply to extensions of stay or petitions filed before September 21, 2025.
- Current H-1B holders with valid visas are not subject to the fee when reentering.
Wage & Lottery Reform
- DHS has proposed a wage-weighted selection process for the H-1B lottery, giving higher-wage offers better odds.
- Prevailing wage rules are expected to be adjusted upward to ensure H-1B wages align with U.S. labor standards.
Implications
For Employers
- Filing costs increase dramatically for new hires.
- Hiring strategy will shift toward fewer, higher-wage positions.
- Greater compliance burden with wage levels and documentation.
For Applicants
- The cost barrier may make H-1B access more limited.
- Travel and timing of petitions will require closer planning.
- Alternatives such as permanent residency categories may become more relevant.
Official Guidance & Resources
Because this policy change is new, the best source of updates is from official U.S. government channels. Employers and applicants should rely on these resources:
- USCIS – H-1B Program Updates & FAQs:uscis.gov/h-1b
- Presidential Proclamation (White House):whitehouse.gov/presidential-actions
- Federal Register – DHS/USCIS Notices:federalregister.gov/agencies/uscis
- Department of Homeland Security (DHS) – Immigration Announcements:dhs.gov/news-releases
Conclusion
The $100,000 fee and wage-based lottery reform mark a turning point for the H-1B program. While uncertainty remains around implementation details, employers and applicants should follow official announcements closely to remain compliant.
For the most accurate and up-to-date information, always consult USCIS, DHS, and the Federal Register directly.