Changes to H-1B Program: Will H-1Bs Survive?

In a proclamation issued by President Trump and effective September 21, 2025, a new fee of $100,000 will be imposed on H-1B petitions. The fee was announced with virtually no notice and has caused significant confusion about who exactly will be required to pay it. As of yet, it appears no one has had to pay this fee. What we do know is that the fee does not apply to existing H-1B holders who need to apply for a renewal, petitions filed before September 21, 2025 and remain pending, and already-approved petitions. A lawsuit was filed in the Northern District of California on October 3 challenging this policy change. If this policy remains in effect, it will most certainly decimate the H-1B program, which appears to be its intent.

In addition, DHS proposed a rule — open for public comment until October 24, 2025 — that will prioritize higher earning roles in the March 2026 H-1B lottery, drastically increasing the odds for Level 3 and Level 4 workers while greatly diminishing the odds of Level 1 workers. Level 1 is normally the salary rate used for recent college graduates who are seeking to transition from F-1 OPT status to H-1B. If this change goes into effect — which is expected — it will adversely affect many potential beneficiaries, including recent graduates seeking to remain in the United States on H-1B status after completing their education.