US hikes H-1B Visa Program fee to $100k - read the facts!

Sarah J · 2025-09-21T09:25:30.000Z

The H-1B visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring at least a bachelor's degree or equivalent. It has an annual cap of 65,000 regular visas plus 20,000 for those with U.S. master's degrees or higher. Below are key factual updates from 2025, focusing on administrative and policy changes. FY 2026 Cap Reached U.S. Citizenship and Immigration Services (USCIS) announced on July 18, 2025, that it received sufficient petitions to meet the FY 2026 H-1B cap of 85,000 visas (65,000 regular + 20,000 master's exemption). This followed a registration period from March 7 to March 24, 2025, with a notable decrease in total registrations compared to FY 2025—indicating fewer attempts at multiple registrations per beneficiary. USCIS attributed this to ongoing fraud investigations and a beneficiary-centric selection process implemented in prior years. Proposed Allocation Reforms In August 2025, the Department of Homeland Security cleared a proposed rule through the White House's Office of Information and Regulatory Affairs. The rule would replace the random lottery with a weighted selection process prioritizing higher wages or education levels. This aims to allocate visas to roles with greater economic value, potentially increasing program efficiency by up to 88% according to a nonpartisan think tank analysis earlier in the year. Legislative Proposal: American Tech Workforce Act On September 19, 2025, Senator Jim Banks introduced the American Tech Workforce Act. The bill proposes raising the minimum wage requirement for H-1B holders from $60,000 to $150,000 annually, eliminating the Optional Practical Training (OPT) program for foreign students, and shifting to a highest-bidder selection system. It has not yet advanced beyond introduction. Executive Action on Fees and Entry Restrictions On September 19, 2025, President Trump signed a proclamation effective September 21, 2025, imposing a $100,000 fee per petition for H-1B workers outside the U.S. at the time of filing. The fee applies only to new petitions in the next lottery cycle (not renewals, extensions, or transfers for those inside the U.S.) and restricts approvals without payment for 12 months. White House clarifications on September 20, 2025, confirmed it does not affect current visa holders' travel or re-entry, nor those from the FY 2025 lottery. Industry and International Responses - Corporate Reactions: Companies like Amazon (over 10,000 H-1B approvals in H1 2025), Microsoft, and Meta (over 5,000 each) issued internal advisories urging H-1B employees to avoid international travel until clarified. JPMorgan and Goldman Sachs echoed caution in memos. - India's Concerns: As the top beneficiary (71% of approvals in 2024), India's Foreign Ministry and IT body Nasscom noted potential family disruptions and impacts on outsourcing on September 20, 2025. - Usage Data: In H1 2025, software developer roles accounted for the majority of approvals. Two-thirds of H-1B jobs overall are computer-related, with others in engineering, education, and healthcare. These changes build on prior integrity measures, with USCIS continuing reviews of FY 2025 data for fraud. No alterations to the overall cap or core eligibility have been enacted.

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US hikes H-1B Visa Program fee to $100k - read the facts! | SEINET