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U.S. H-1B Overhaul Advances as Court Upholds $100,000 Fee and Consular Delays Hit India

New screening elevates higher‑paid applicants through a wage‑weighted selection.

Overview

  • U.S. District Judge Beryl A. Howell upheld the legality of President Donald Trump’s $100,000 fee on many new H-1B petitions for workers outside the U.S., leaving the charge in effect as business groups weigh appeals.
  • USCIS finalized a wage‑weighted H-1B selection that uses Labor Department wage levels to boost chances for higher‑paid roles, effective February 27, 2026, for the FY 2027 cap season.
  • The State Department expanded online‑presence reviews to all H‑1B and H‑4 applicants, prompting mass cancellations and months‑long rescheduling of interviews at Indian consulates, including Chennai and Hyderabad.
  • India’s foreign ministry said thousands of citizens have had appointments canceled or moved and has raised the issue with U.S. officials, citing stranded workers and hardships for families.
  • CBP’s biometric entry‑exit rule took effect December 26, authorizing facial images and other biometrics from all non‑citizens at U.S. ports of entry and departure, with prior exemptions removed.