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yesterday

Judge Upholds $100,000 H‑1B Fee as U.S. Shifts to Wage‑Weighted Selection

Employers face higher costs under a shift toward wage‑based selection.

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USCIS said the lottery system was replaced with a weighted process giving preference to highly skilled, higher-paid applicants.
WASHINGTON, DC - SEPTEMBER 19: President Donald Trump holds up an executive order establishing the "Trump Gold Card" in the Oval Office at the White House on September 19, 2025 in Washington, DC. Trump signed a series of executive orders establishing the “Trump Gold Card” and introducing a $100,000 fee for H-1B visas. The "Trump Gold Card" is a visa program that allows foreign nationals permanent residency and a pathway to U.S. citizenship for a $1 million investment in the United States. (Photo by Andrew Harnik/Getty Images)
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Overview

  • A U.S. district judge in Washington upheld President Trump's $100,000 fee on many new H‑1B petitions, keeping the charge in force while the Chamber of Commerce can appeal.
  • USCIS finalized a rule replacing the random H‑1B lottery with a wage‑weighted system effective February 27, 2026 for the FY2027 cap, granting four entries for Level 4 wages down to one for Level 1.
  • The State Department expanded an online‑presence review on December 15 to all H‑1B and H‑4 applicants, prompting rescheduled visa appointments and delays at U.S. consulates in India.
  • CBP’s biometric entry‑exit rule took effect December 26, authorizing collection of facial images, fingerprints and iris scans from all non‑citizens and removing prior age and diplomatic exemptions.
  • Analysts say the changes advantage higher‑paid workers and large sponsors, and separate lawsuits challenging the proclamation remain pending in federal courts in California and Massachusetts.