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Trump Administration Moves to Reshape H-1B: $100,000 Fee and Proposal to Favor Higher-Paid Applicants

The draft rule triggers a 30-day public comment period that ushers in months of hiring uncertainty for employers.

Overview

  • USCIS released a proposed wage-weighted selection system that would replace the random lottery when demand exceeds the 85,000 cap, giving highest-wage petitions four entries in the pool and lowest-wage petitions one.
  • The White House clarified that the $100,000 charge is a one-time filing fee for new H-1B petitions only, not for existing visa holders or renewals, after early confusion spurred corporate travel advisories.
  • The proposal now enters a 30-day comment window and, if finalized, could take months to implement and likely face court challenges, adding procedural and timing risk for employers.
  • JPMorgan economists estimate the new fee could lead to roughly 5,500 fewer H-1B work authorizations per month, signaling a meaningful contraction in skilled-worker inflows.
  • Tech and finance leaders report recruiting pauses and renewed offshoring discussions, with JPMorgan’s Jamie Dimon saying the move “came out of the blue,” and analysts noting India’s workers—about 71% of H-1B approvals—would be disproportionately affected.