H-1B Visa Program Changes: $100,000 Fee Update for Some Petitions + Weighted Lottery Proposal

                                       

By: Lauren Dunn

Chief People Officer

A new Presidential Proclamation introduces a $100,000 supplemental fee on certain new H-1B visa petitions filed on or after September 21, 2025. If you’re a small or mid-sized employer hiring international talent, this is a significant development you need to understand.

We are already working to assess how the H-1B Visa program changes may impact hiring strategies, budgeting, and compliance. Here’s a quick breakdown: 

Who Does This Apply To? 

This update applies to: 

• Applies to new cap-subject H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. at the time of filing. 

Who Is Exempt? 

This update does not apply to: 

• Petitions filed before September 21, 2025. 
• Current H-1B holders already in the U.S. 
• Extensions, amendments, or transfers for individuals already in H-1B status. 

Key Risks & Unanswered Questions 

• Legal Uncertainty: Lawsuits may challenge the Proclamation’s legality, particularly regarding executive overreach. 
• Upfront Fee Requirement: The fee is mandatory at the time of filing; nonpayment likely results in denial. 
• Waiver Process Unclear: It’s still unknown how “national interest” or humanitarian waivers will be handled. 
• Inconsistent Implementation: Application could vary across consulates and USCIS offices. 

What Employers Should Do Now to Prepare 

1. Audit H-1B Talent: Review employees abroad and confirm petition filing timelines. 
2. Pause or Budget for Overseas Hires: Consider deferring new offshore hires unless essential or budget for the $100,000 fee. 
3. Review Travel Plans: Minimize international travel for current H-1B employees, where possible. 
4. Explore Alternatives: Country-specific visas such as the E-3 (for eligible nationals), certain J-1 STEM programs, or O-1 visas for highly qualified candidates may offer viable paths. 
5. Consult Legal Counsel: Always seek legal advice before filing new petitions under the updated rules.  

Navigating the H-1B Visa Program Changes 

The new H-1B visa program changes could significantly impact how businesses approach international hiring. For small and mid-sized companies that depend on foreign talent—especially for specialized or technical roles—proactive planning will be essential to navigate these challenges. 

New Weighted Lottery Proposal 

DHS is also considering a weighted H-1B lottery system. Under the proposed rule, petitions offering higher wages or jobs in critical sectors (such as STEM or national interest roles) may receive priority in the lottery. 

The goal is to deter fraud and encourage stronger job offers. However, this may disadvantage employers with limited salary flexibility or those hiring entry-level talent. Details are pending, but this proposal could significantly impact H-1B strategy and candidate prioritization. 

If you need assistance evaluating your exposure or adjusting your hiring strategies, don’t hesitate to reach out. Our team is here to support your HR advisory needs every step of the way.

Previous"Optimize Real Estate Finance Departments with Outsourced Accounting"