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

Under this approach, registrations will be ranked by wage level, giving higher-paid roles a greater chance of selection while reducing the odds for lower-wage positions. DHS has 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 issue additional technical guidance as implementation moves forward.

Employers should also be aware of a new $100,000 H-1B proclamation fee. This fee applies only to new H-1B petitions filed through U.S. consulates abroad and does not apply to change-of-status cases filed within the United States. Importantly, the fee is not paid at the registration stage, allowing employers to register without incurring this cost upfront.

As in prior years, the H-1B process begins with a registration period in March. Despite uncertainty, registration remains critical. The high fee may reduce the total number of registrations, and the rule itself could ultimately be invalidated or reduced through court rulings or policy changes.

The administration is reportedly considering additional proposals to further prioritize high-salary petitions, adding to the uncertainty of this year’s process. With potential regulatory changes, litigation, and policy updates still possible, the most prudent strategy is to complete H-1B registration and closely monitor developments. Registration is the only way to remain eligible for selection, and without it, there is no opportunity to be considered in the H-1B cap.

Refer to the following link for more information PM-602-0193-DiversityVisaHolds-20251219.pdf

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