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A lot.

On September 19, President Trump issued a Proclamation, outlining alleged abuse of the H-1B visa program.  To address the abuse of the H-1B program, the Proclamation imposes a one time fee of $100,000 on each new H-1B.  The fee requirement expires in twelve months, unless extended.  Based on memoranda issued by Customs and Border Protection, U.S. Citizenship and Immigration Services (USCIS), and the Department of State this is what we know:

  1. The $100,000 H-1B visa fee applies to applications for visas submitted after September 21, 2025.
  2. The $100,000 H-1B visa fee does not apply to previously issued H-1B visas or to H-1B petitions submitted to USCIS before September 21, 2025.
  3. The Proclamation does not prevent anyone currently holding an H-1B visa issued before September 21, 2025, from traveling in and out of the United States on that H-1B visa.
  4. The Proclamation does not apply to H-1B aliens who are the beneficiaries of petitions filed before September 21, 2025 or are the beneficiaries of H-1B petitions approved before September 21, 2025.

Based on the wording in the Proclamation and the USCIS memoranda it appears that the $100,000 H-1B fee will not apply when:

  1. An employer files an extension or amendment petition for an employee who was in H-1B status before September 21, 2025 OR
  2. An employer files an H-1B transfer/change of employer petition for a new hire who was in H-1B status before September 21, 2025.

It is unclear whether the $100,000 fee will apply when an employer files an H-1B change of status petition, such as to change the F-1 status of an employee working under Optional Practical Training (OPT) and an Employment Authorization Document (EAD), or an employee working under another visa category, such as the TN, L, or O.

The Proclamation gives the Secretary of Homeland Security discretion to waive the $100,000 fee when the H-1B alien’s employment will be in the national interest and will not pose a threat to the security or welfare of the United States.  This national interest waiver can apply to an individual alien, all aliens working for a company, or all aliens working in an industry.  The Proclamation provides no details regarding what type of work or industry is in the national interest.

Finally, the Proclamation directs the U.S. Department of Labor (DOL) to revise the prevailing levels used during the labor condition application component of the H-1B petition process.  Presumably, the Department of Labor will increase the prevailing wages that employers must pay H-1B workers.

But wait, there is more.  Because there is a limited number of new H-1B visas each fiscal year, the USCIS conducts a lottery in April to determine who can file an H-1B petition.  The lottery is currently weighted to favor foreign nationals who hold an advanced degree from a U.S. university.  On September 24, the Department of Homeland Security (DHS) issued a proposed rule to change how the H-1B lottery works.  The intent is to weigh the lottery in favor of more skilled workers by giving an advantage to foreign nationals who will be paid more.  The DOL’s prevailing wages are expressed in wage Level 1 to 4.  The online registration process will require the employer to designate the highest prevailing wage level that the foreign national’s proposed wage equals or exceeds and to also provide the occupational code from the DOL wage database.  The USCIS will then enter the foreign national into the lottery in a weighted manner – a level 4 wage alien will be entered four times; a level 3 wage alien will be entered three times, etc.  There will still be a separate drawing for those who hold a U.S. Master’s degree or higher, and the weighted system will also apply to that selection process.  The selection process will disadvantage recent graduates working in entry/lower level positions.  In other words, in addition to the possible $100,000 fee, the F-1 alien working on Optional Practical Training may have a hard time transitioning to H-1B status because the lottery will favor more experienced, highly compensated workers.

No doubt there will be legal challenges to these changes.  Stay tuned.