H-1B Entry Fee and Weighted Lottery: Key Updates
On Sept. 19, the president issued a proclamation restricting entry for certain H-1B visa holders effective Sept. 21. Employers or foreign nationals will have to pay a $100,000 fee for H-1B entry unless the secretary of Homeland Security grants a national interest waiver.
The fee will be a one-time charge tied to each petition and applies only to petitions filed after 12:01 a.m. ET on Sept. 21. Current H-1B visa holders and beneficiaries of petitions filed before the deadline are not affected, and individuals with valid H-1B visas can travel, though conditions are subject to change. U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and the U.S. Department of State confirmed the proclamation did not apply to petitions filed before the deadline, approved petitions, or holders of valid visas.
Separately, on Sept. 24, the U.S. Department of Homeland Security (DHS) proposed replacing the H-1B cap-subject random lottery with a wage-weighted lottery. The proposed rule is open for public comment through Oct. 24. Under the plan, registrations would earn more "entries" based on salary compared to federal wage levels set by the U.S. Department of Labor's Occupational Employment and Wage Statistics program: Level I wages would receive one entry, Level II two, Level III three, and Level IV four. Each beneficiary would be counted only once, regardless of how many employers submitted registrations.
DHS said that prioritizing higher-wage, higher-skill workers aligned with congressional intent and addressed data showing top wage-level applicants had been under-selected for H-1B visas. Employers were urged to budget for potential costs and monitor the rule to assess its impact on hiring strategy.
In response, SHRM hosted a webinar, “Navigating the New H-1B Landscape: Compliance, Workforce Strategy, and Advocacy Webinar” on Sept. 25 to explain the proclamation and proposed rule, outline who was affected, and share strategies for U.S. employers to maintain access to high-skilled global talent.
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