H-1B Proposed Changes, Everything We Know

Published: September 20, 2025

Updated: December 29, 2025

On September 19, 2025, the White House announced a proclamation that would require a $100,000 one time payment to accompany new H-1B petitions.

On September 20, 2025, the USCIS released a policy memorandum that clarified a number of points following the proclamation.

On October 20, 2025, the USCIS issued new guidance explaining who must pay the $100,000 fee, how to pay it, and how to apply for an exception.

On December 29, 2025, the Department of Homeland Security (DHS) published a separate final rule introducing a new Weighted Selection Process for registrants and petitioners seeking to file cap-subject H-1B petitions. This change affects how H-1B registrations are selected under the annual cap and is distinct from the $100,000 filing fee requirement.

Who does the $100,000 filing fee apply to?

The agency confirmed the fee applies only to new petitions filed for individuals outside the United States who do not already hold a valid H-1B visa. It does not apply to changes of status, extensions, or amendments filed for individuals already in the US. This means that the H1B lottery for the F1/OPT/ STEM students in the US won't be affected.

The $100,000 H-1B payment rule mainly applies to:

• Candidates outside the US without a valid H-1B visa
• Or those whose change-of-status petitions are denied and must go through consular processing

Who must make the fee payment?

Employers must make the $100,000 payment through pay.gov using the H-1B VISA PAYMENT TO REMOVE RESTRICTION form.

Are there any exceptions to paying the fee?

Exceptions may be granted only in “extraordinarily rare” circumstances where the Secretary of Homeland Security determines that:

• The worker’s employment is in the national interest
• No qualified US worker is available for the role
• The worker poses no threat to national security or welfare, and
• Requiring the employer to pay would “significantly undermine” US interests

Employers seeking an exception can email H1BExceptions@hq.dhs.gov with supporting evidence. USCIS emphasized that the bar for approval is exceptionally high, and few cases are expected to qualify.

The update offers clarity for employers filing domestic change-of-status cases, confirming they are not subject to the new fee. However, it also underscores that the $100,000 charge still applies to new overseas hires, tightening rules around global mobility and hiring flexibility.

The headline, in plain English

The $100,000 fee applies only to new H-1B petitions filed on or after September 21, 2025, for workers outside the United States who do not already hold a valid H-1B visa. Those who already have an H-1B visa—or who are applying for a change of status, amendment, or extension from within the US—will not be charged the fee.

H-1B visa holders can continue to leave and re-enter the US under existing rules; their travel rights are not affected by the proclamation. However, employers must still pay the fee if USCIS determines a worker is not eligible for a change of status or departs before the case is adjudicated.

Legal challenges are still expected. Immigration experts continue to question whether such a large fee can be imposed without congressional action, and court injunctions remain possible. Until rulings or further agency guidance emerge, some uncertainty will persist.

New: Weighted selection process for cap-subject H-1B petitions

On December 29, 2025, DHS published a final rule establishing a new Weighted Selection Process for cap-subject H-1B registrations. This represents a significant change from the traditional, purely random H-1B lottery used in prior cap seasons.

Under the new framework, USCIS will continue to require employers to submit registrations during the H-1B cap season, but selections may be made using weighted criteria rather than treating all eligible registrations equally. DHS has stated that the goal of this approach is to better align H-1B selections with US economic and workforce priorities.

What employers should know:

• The weighted selection process applies only to cap-subject H-1B petitions
• It affects who is selected from the registration pool, not how petitions are filed once selected
• It does not eliminate the H-1B cap or the registration requirement
• The $100,000 H-1B fee is separate and applies only at the petition-filing stage, where applicable
• USCIS is expected to issue additional operational guidance explaining how weighting factors will be applied before the next H-1B cap season

At this time, DHS has not published detailed scoring or ranking mechanics for individual registrations. Employers should expect further clarification ahead of the next registration window.

What could change for H-1B workers and employers

• Costs & budgeting: Employers are responsible for the $100,000 payment via pay.gov. While domestic filings (e.g., F-1 to H-1B, amendments, or extensions) are exempt, the cost will apply to new hires located outside the US. This dramatically increases expenses for companies sourcing global talent from abroad
• Lottery and cap season: The next H-1B cap registration will be the first cycle affected by both the $100,000 filing fee and the new weighted selection process. USCIS has confirmed that the fee applies only once a petition is filed, not at the registration stage. However, selection itself may no longer be purely random. Under the weighted framework, some registrations may have a higher likelihood of selection depending on criteria set by DHS. Employers should prepare for updated USCIS instructions before the next filing window opens.
• Selection strategy: With the introduction of weighted selection, employers may need to rethink how they approach H-1B registrations. If certain skills, roles, or petition characteristics are prioritized, registration strategy—not just volume—may play a larger role in cap outcomes.

Practical steps for H-1B workers and employers

Until the rules are tested and court challenges resolved, both employers and visa holders should stay proactive and informed.

1. Organize your documents: Have your latest I-797, I-94, visa stamp (if applicable), pay stubs, and passport (valid for at least six months) ready.
2. Flag upcoming filings: If you anticipate an extension, amendment, or change of status, coordinate early with your HR or immigration counsel to ensure proper timing under the current guidance.
3. Rely on official updates: Use trusted sources like USCIS, the Department of State, and reputable immigration news outlets. Deel will update this article as soon as new operational details or court rulings become available.

Sources to follow

• White House fact sheet & proclamation text (for official policy language)
• Major outlets summarizing the change and reactions across the tech sector
• Practitioner alerts for travel/entry specifics as consulates and CBP interpret the proclamation