The H1-B visa program, designed to bring skilled foreign workers to the U.S. for "specialty occupations," is undergoing significant changes that demand your attention. The H1-B visa process is a multi-step, multi-cost journey. Before the recent changes, the primary costs were for filing fees, which typically ranged from $2,000 to $5,000, depending on the size of the employer and the specific application type [1]. The process begins with an employer submitting an electronic registration for a foreign worker during a specific period each March. If selected in the annual lottery, the employer then files the full H1-B petition with U.S. Citizenship and Immigration Services (USCIS). The annual cap is 85,000 visas, but demand consistently outstrips supply, with hundreds of thousands of applicants vying for a spot each year (USCIS, 2025). Historically, the program has seen a sharp increase in registrations, but a new beneficiary-centric lottery system implemented in recent years has helped curb duplicate applications, leading to a notable drop in eligible registrations for the most recent fiscal years.

The information technology (IT) industry is by far the biggest user of the H1-B visa, accounting for over 65% of visa holders (Image 2) [2]. This trend has been consistent, with major tech companies and IT consulting firms like Amazon, Tata Consultancy Services, Microsoft, Meta, and Google topping the list of H1-B sponsors. These companies primarily use the visa to fill roles for software engineers, data analysts, AI researchers, and other tech specialists. However, other industries like finance, healthcare, and higher education also rely heavily on the visa to fill specialized positions.

The landscape of H1-B hiring has been dramatically reshaped by two major legislative actions. In a significant move, a new proclamation was issued on September 19, 2025, which, as of September 21, 2025, requires a one-time $100,000 payment for most new H1-B petitions filed on behalf of beneficiaries who are outside the United States [3]. This substantial fee, a dramatic increase from previous costs, is aimed at discouraging the hiring of lower-skilled, lower-paid foreign workers and instead, incentivizing companies to hire the "best and brightest." For HR, this signals a major shift from a volume-based lottery strategy to a more meritocratic, high-cost model. The proclamation is currently slated to last for 12 months, but it may be extended or subject to further clarification from government agencies [4].
For current H1-B visa holders, and those with petitions filed before September 21, 2025, this new fee does not apply [5]. Existing visa holders can continue to travel and re-enter the country as they normally would, and visa renewals are not subject to the new fee. However, some legal experts advise against unnecessary international travel for those whose petitions were filed after the effective date, due to the lack of clear guidance on how the new fee would be applied upon re-entry.
Separate, but related, proposed legislation is currently moving through the rulemaking process. The Department of Homeland Security (DHS) is proposing a rule to replace the current random H1-B lottery system with a weighted selection process that would favor higher-skilled and higher-paid applicants. This proposed rule was published in the Federal Register on September 24, 2025, opening a 30-day public comment period that ends on October 24, 2025 [6]. After the comment period, DHS will review the feedback and may issue a final rule. If finalized in time, this new system could be in effect for the next H1-B cap season beginning in March 2026.
The new $100,000 fee and proposed changes are not without opposition. Many legal experts and industry leaders argue that the proclamation exceeds the President's authority by instituting a fee that is not tied to administrative costs, as fees typically are. Legal challenges are almost certain, and courts could potentially strike down the fee [7]. Furthermore, there is public and political pressure to repeal the measure, as critics argue it will drive talent and jobs overseas, harm U.S. competitiveness, and effectively dismantle the H1-B program for all but the largest corporations. While it is unclear if these efforts will succeed, HR professionals should stay informed on the evolving legal landscape, as a successful legal challenge could reverse these recent changes.
The H1-B program is no longer a volume game of chance but a calculated, high-stakes investment; a fundamental shift in the American talent strategy. For HR professionals, this means moving beyond reactive compliance and embracing a proactive, strategic role. You must become a key partner in workforce planning, advising leadership on how to balance global talent needs with the new financial realities. The path forward requires a focus on quality over quantity, meticulous legal vigilance, and a clear, well-communicated strategy for both current and future employees.
Here are some key considerations as you begin to prepare the way forward for your own workforce:
1. Strategic Workforce Planning. The new $100,000 fee for new H1-B petitions filed for beneficiaries abroad makes sponsoring international talent a high-stakes, high-cost decision. Begin reevaluating your talent pipeline, prioritizing critical roles that require highly specialized skills, and considering if the investment is justified for each position. You'll need to work closely with department heads to identify essential roles that cannot be filled by the domestic workforce.
2. Budgetary and Financial Adjustments. The new fee is a dramatic increase from prior costs, which were typically under $5,000. For companies that rely on a large number of H1-B hires, this could add millions of dollars to the annual budget. HR and finance departments need to collaborate to re-budget for future international hires and plan for the potential financial impact.
3. Shifting to a Meritocratic System. The proposed weighted lottery system will favor higher-skilled, higher-paid applicants. This change moves the H1-B program away from a random chance and toward a system that rewards higher salaries. HR should be prepared for this by ensuring compensation for sponsored roles is competitive and aligns with the highest wage tiers to increase the chances of selection.
4. Navigating Uncertainty and Legal Challenges. The new fee and proposed changes are facing significant legal challenges. The situation is fluid, and further guidance from government agencies is expected. HR professionals need to stay informed by consulting with immigration counsel and legal experts regularly. It is also critical to advise current H1-B employees on the potential risks of international travel, as the new rules are still being clarified and could impact their re-entry.
The challenge is significant, but for those who adapt, the H1-B program will remain a powerful tool for securing the elite, specialized talent that drives innovation and growth.
[1] NNU Immigration. (2025). H1B Visa Cost & Fees 2025. Retrieved from https://www.nnuimmigration.com/h1b-visa-cost/
[2] American Immigration Council. (2025). Trump's $100,000 Fee for H-1B Visas: What You Need to Know. Retrieved from https://www.americanimmigrationcouncil.org/blog/trump-100000-fee-h1b-visa/
[3] The White House. (2025). Fact Sheet: President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers. Retrieved from https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
[4] Holland & Knight. (2025). Summary of Presidential Proclamation: Restriction on Entry of Certain Nonimmigrant Workers. Retrieved from https://www.hklaw.com/en/insights/publications/2025/09/summary-of-presidential-proclamation-restriction-on-entry-of-certain [5] USCIS. (2025). H-1B FAQ. Retrieved from https://www.uscis.gov/newsroom/alerts/h-1b-faq
[6] Fragomen. (2025). United States: DHS Proposes Wage Level-Based Weighted System of H-1B Cap Allocation. Retrieved from https://www.fragomen.com/insights/united-states-dhs-proposes-wage-level-based-weighted-system-of-h-1b-cap-allocation.html
[7] The Guardian. (2025). Trump signs proclamation imposing annual $100,000 fee on H-1B visas. Retrieved from https://www.theguardian.com/us-news/2025/09/19/trump-h1b-visa-100000-fee