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Trump Administration Unveils Wage-Weighted H‑1B Overhaul as $100,000 Fee Takes Effect

The proposal opens a 30‑day comment window, signaling a lengthy rulemaking process with probable lawsuits.

Overview

  • DHS/USCIS proposed replacing the random lottery with a four‑tier, wage‑weighted selection in which top‑paid applicants get four entries and the lowest tier gets one.
  • The White House clarified the $100,000 charge is a one‑time filing fee for new H‑1B petitions submitted after Sept. 21 and does not apply to existing holders or renewals.
  • Major employers issued travel cautions to visa holders, paused recruitment, and began contingency planning that includes renewed offshoring discussions, according to executives and immigration lawyers.
  • India voiced concern as the largest H‑1B beneficiary, and the UK is weighing fee waivers to lure talent, underscoring a global response to the U.S. shift.
  • Analysts warn startups and lower‑wage roles could lose out while higher‑paying firms gain an edge under the 85,000‑cap system, with any final rule unlikely before extensive review and expected court challenges.