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H‑1B Overhaul Spurs Lawsuit Drive as DHS Moves to Wage‑Weighted Selection

Attention shifts to lawsuits plus formal rulemaking, with India urging consideration of talent mobility.

Overview

  • President Trump’s proclamation adds a one‑time $100,000 fee to new H‑1B petitions, and the White House says current holders and renewals are exempt, though lawyers say treatment of job changes and transfers is still unsettled.
  • DHS has advanced a proposal to prioritize higher‑paid applicants in H‑1B selection, opening a public comment period of about a month that could reshape who wins scarce slots.
  • The US Chamber of Commerce and industry representatives are preparing legal challenges, and California’s attorney general is reviewing options, arguing the abrupt fee creates uncertainty for businesses.
  • India’s Ministry of External Affairs says it remains engaged with Washington and is asking stakeholders to file comments, emphasizing the benefits of skilled talent mobility to both economies.
  • Universities warn the new charge could add tens of millions of dollars to annual staffing costs and constrain research and clinical hiring, even as a discretionary national‑interest waiver could exempt some cases.