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7h ago

Judge Upholds $100,000 H‑1B Fee as DHS Finalizes Wage‑Weighted Selection

The overhaul now steers scarce H‑1B slots toward higher‑paid roles beginning with the FY2027 season, with further court challenges pending.

The government remains actively engaged with the US side to address the issue and minimise the impact on Indian nationals, said Randhir Jaiswal.
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Overview

  • U.S. District Judge Beryl Howell ruled the president acted within his authority to impose a $100,000 fee on new H‑1B applications, a decision the U.S. Chamber of Commerce can appeal as other lawsuits by states, unions and private entities continue.
  • DHS and USCIS have replaced the random lottery with a wage‑ and skill‑weighted selection that takes effect on Feb. 26, 2026, and will govern the FY2027 cap registration.
  • Under the rule, higher Occupational Employment and Wage Statistics tiers receive more entries into the selection pool, with Level 4 receiving four entries, Level 3 three, Level 2 two and Level 1 one.
  • The annual cap remains 65,000 plus 20,000 for U.S. advanced‑degree holders, and officials say the changes target abuse of the prior process and aim to protect U.S. wages and jobs.
  • Expanded online‑presence reviews that began Dec. 15 have led to widespread postponements of H‑1B/H‑4 interviews, notably in India, and India’s Ministry of External Affairs says it is actively engaged with U.S. authorities to address the disruptions.