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H-1B Overhaul Takes Hold: $100,000 Fee on New Petitions, Wage-Weighted Rule Proposed

Companies are weighing lawsuits over unclear rules on renewals and transfers.

Overview

  • President Trump’s proclamation imposing a $100,000 charge applies to new H-1B petitions, with USCIS, CBP and the State Department confirming that pre–Sept. 21 filings and current visa holders are not immediately affected.
  • DHS has formally proposed prioritizing higher-paid, higher-skilled applicants in H-1B selection, launching a notice-and-comment process that could reshape future allocations.
  • The U.S. Chamber of Commerce is soliciting members for a legal challenge and California’s attorney general is reviewing litigation options, as businesses and law firms prepare suits targeting the fee.
  • Immigration attorneys say key implementation details remain undefined, including how employer transfers, changes of status, simple extensions, the order’s 2026 expiry, and possible national-interest exemptions will be handled.
  • India’s foreign ministry says it is engaged with U.S. counterparts and industry, startups warn the fee will push hiring to Canada and the U.K., and some reporting notes existing H-1B holders may gain bargaining power as new sponsorships decline.