H-1B Alert: $100K Fee, Weighted Lottery & Project Firewall

Here are four urgent developments in U.S. immigration policy you need to know now, each with real implications for employers and visa holders:

1. Trump Announces $100,000 H-1B Visa Fee Rule

On September 19, 2025, President Trump signed a proclamation that, based on current interpretation, mandates a $100,000 application fee for new H-1B visa petitions.

  • Applies only to new filings, not renewals, amendments, or petitions already selected in the FY 2025 lottery (based on present understanding).
  • Takes effect September 21, 2025, for one year (subject to renewal).
  • National Interest Exceptions are reportedly being developed.
  • Legal challenges are expected, and this is not yet retroactive to existing visa holders.

As we await additional guidance from USCIS, we are advising against all international travel until more clarity emerges.

2. Weighted Selection Process for Cap-Subject H-1B Petitions

USCIS has introduced a weighted lottery mechanism for H-1B cap petitions that will favor higher wage levels, advanced degrees, and more “desirable” profiles.

  • Rather than a uniform random draw, registrations will be weighted based on defined metrics.
  • The goal is to prioritize petitions more closely aligned with high-skilled intent.
  • This significantly alters the odds dynamic for many applicants.

3. DOL Launches “Project Firewall”

The Department of Labor (DOL) has formalized an enforcement program named Project Firewall targeting H-1B program abuses.

  • The DOL intends to personally certify investigations, marking a stronger direct oversight role.
  • Potential consequences include back wages, civil penalties, and debarment from future H-1B use.
  • This initiative will operate in coordination with DOJ, USCIS, and EEOC, signaling high-level enforcement.

3. U.S. Reverses Visa Interview Waiver Program – What’s Changing?

The U.S. Department of State has announced that effective September 2, 2025, interview waivers for most nonimmigrant visa categories will be curtailed or eliminated.

  • Applicants of all ages, including minors under 14 and adults over 79, will generally require in-person interviews, with very narrow exceptions.
  • Limited waivers may remain only for a few categories (e.g. diplomatic, official, or narrow B-1/B-2 renewals) under strict conditions.
  • This change is global, not limited to one country, and will likely cause longer wait times and backlogs at consulates worldwide.

Why This Matters Now

With $100K fees, weighted lotteries, stricter enforcement, and visa interview reversals, it may be the right time to seriously consider H-1B alternatives. Join our H-1B alternatives webinar to explore your options: https://www.visapro.com/events/webinar-h1b-alternatives/

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