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White House’s $100,000 H‑1B Fee Sets Stage for Overhaul as Senate and Labor Move to Tighten Rules

Bipartisan legislation plus new federal enforcement signal a reset favoring higher‑paid, higher‑skilled entrants.

Overview

  • Commerce Secretary Howard Lutnick said the H‑1B system will see significant changes before February 2026, with the lottery under review and an emphasis on higher‑paid roles over “inexpensive” tech consultants.
  • The U.S. Chamber of Commerce urged the administration to rescind the $100,000 surcharge, warning it would impede growth, strain startups and smaller firms, and divert hiring and investment.
  • Industry experts report U.S. employers are accelerating shifts of high‑value work to India’s more than 1,700 Global Capability Centres, particularly in AI, product development, cybersecurity and analytics.
  • Senators Chuck Grassley and Dick Durbin introduced a bipartisan bill to raise wage and recruitment standards, narrow eligibility, expand penalties, and add oversight across H‑1B and L‑1 programs.
  • The Department of Labor launched Project Firewall to police alleged H‑1B abuse and enforce priority for qualified U.S. workers, adding to broader compliance and rulemaking efforts.