Overview
- U.S. District Judge Beryl Howell ruled the presidential proclamation imposing a $100,000 fee on new H‑1B applications is lawful under an express statutory grant of authority.
- The U.S. Chamber of Commerce, which sued to block the fee as cost‑prohibitive, can appeal, and separate challenges from states, unions and a nurse‑staffing firm remain pending.
- The Department of Homeland Security confirmed it will replace the random H‑1B lottery with a wage‑ and skill‑weighted selection process favoring higher‑paid applicants.
- The new selection rule is slated to take effect on February 26, 2026 and will apply beginning with the fiscal year 2027 H‑1B registration cycle.
- Under the rule, higher wage levels receive more entries in the selection process, a shift that critics say could disadvantage smaller employers, universities and health‑care providers, as well as major Indian IT users of H‑1B visas.