H-1B Visa Criteria Revision

DHS has proposed at least a partial return to the selection process for H-1B petitions that was in effect during President Trump’s first term. Registrations will be weighted in a 4-tier scale, based upon pay levels offered. The bottom line is that higher-skilled/paid applicants will receive “heavier” consideration than those at lower levels. This is coupled with the increase of the fee for H-1B petitions to $100,000 (which is being challenged in court) to move the skill level of immigrants upward and protect the employment of lower-skilled American workers. The new criteria were effective September 21; if upheld, they will be effective for 12 months. The next lottery will be held in March, 2026; within 30 days prior, federal agencies are to make recommendations regarding renewing or extending these restrictions. 

Questions remain about when and by whom the fee payment must be made, what industries or job categories may or may not be exempted or have more lenience. It is noted that the H-1B visa cap for fiscal 2026 has already been reached, so the next lottery will not open until next March. Court challenges have already started – in California – where the plaintiffs accuse the President of exceeding his authority and going around standard regulatory procedures. Others, however, including the US Chamber of Commerce (which is already suing to void the high fee), have pointed to potential problems and asked for reconsideration. Some have joined the California plaintiffs as well, so much remains to be determined.