Over the weekend, the U.S. government announced a significant change to the H-1B visa program that will directly impact petitions submitted for the 2026 lottery cycle. On September 19, 2025, President Donald J. Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” introducing new requirements aimed at curbing program abuse and protecting American workers.
Key Changes
- A$100,000 paymentis now required for any new H-1B visa petition submittedafter 12:01 a.m. EDT on September 21, 2025. This includes all petitions entered into the2026 H-1B lottery.
- The fee applies only to new petitions. It does not affect:
- Previously issued H-1B visas
- Petitions submitted before the effective date
- H-1B renewals or holders traveling in and out of the U.S.
- DHS and the Department of State are coordinating to enforce the Proclamation. Guidance has already been issued to USCIS, CBP, and consular offices.
Future Reforms Under Consideration
- Prevailing Wage Adjustments:The Department of Labor is expected to revise and raise wage levels to ensure the program supports highly skilled talent.
- Lottery Prioritization:DHS is planning rulemaking to prioritizehigh-skilled, high-paid applicantsin future H-1B lotteries.
Recommended Employer Actions
- Prepare for the substantial increase in petition costs for new H-1B candidates.
- Inform affected employees and applicants about the new financial and eligibility requirements.
- Update internal immigration policies and consult legal counsel to ensure compliance with the new rules.
- Stay current with updates from USCIS, DHS, and the Department of State.
Note:The Employer Services team is actively monitoring these developments and will provide timely updates as new information becomes available. Please be on the lookout for further communications and guidance.
