Major H-1B Updates: New Fees, Weighted Selection, and an Uncertain Cap Season

 H-1B registrations will be ranked by wage level, giving higher-paid roles a greater chance of selection while lower-wage positions may face reduced odds. DHS stated that this change is intended to protect U.S. workers and ensure the program is used for highly skilled, specialized positions. USCIS is expected to release additional technical guidance as implementation moves forward.

At the same time, employers should be aware of the new $100,000 H-1B proclamation fee, which applies only to new H-1B petitions filed through U.S. consulates abroad and does not apply to change-of-status cases filed inside the United States. Importantly, this fee is not paid at the registration stage, meaning employers can still register without being affected by the fee upfront. The administration is also reportedly exploring proposals to further prioritize high-salary petitions, adding to the uncertainty surrounding this year’s cap season. With potential regulatory changes, court challenges, and policy updates still possible, the most prudent strategy remains to complete H-1B registration and closely monitor developments, as registration is the only way to remain eligible for selection.

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