The administration has proposed replacing the random H-1B lottery with a wage-based selection process favoring higher-paid roles. The rule is still in the notice-and-comment stage, but employers should prepare now. Here’s what you need to know about the proposed changes, the $100k H-1B fee, and what steps to take next.

The White House issued an Executive Order on September 19, 2025, imposing a $100,000 fee on all new H-1B petitions, effective September 21. Initial confusion suggested the fee could apply to all H-1B workers abroad, but USCIS and CBP later clarified it applies only to new filings, with possible exemptions for extensions and amendments. The administration has since confirmed physicians and medical residents may also be exempt, though further guidance is pending.

H-2B visa workers must pay U.S. taxes, including federal income tax, most state income taxes, and Social Security and Medicare contributions. Employers are required to withhold the correct amounts and issue W-2 forms each year. Workers must also file annual tax returns—usually as nonresidents using Form 1040NR. Staying compliant is critical, not just to avoid IRS penalties, but to protect future visa and green card opportunities.

The Heritage Foundation’s latest report and a new DHS proposal both call for replacing the H-1B lottery with a wage-based selection system. While framed as targeting “top talent,” this shift risks shutting out small businesses, start-ups, and early-career professionals. By prioritizing the highest salaries, the policy could further concentrate visas among large corporations and reduce diversity in the U.S. high-skilled labor market.

Many agricultural employers lose critical harvest help by starting the H-2A visa process too late. With a 75–90 day minimum timeline, waiting until crops are nearly ready means workers won’t arrive in time. Learn the steps to secure seasonal labor, key program requirements, and why planning months ahead is essential to keeping your harvest on track and your operation running smoothly.

H-2B employers are required to notify both USCIS and the Department of Labor within two working days if a worker fails to report, abandons the job, is terminated early, or finishes the job more than 30 days ahead of schedule. These notices are critical for compliance and may impact outbound travel obligations and wage guarantees. Understanding when and how to report these events helps employers stay in good standing with federal agencies.

Planning a trip to the U.S. soon? There's a significant new cost to consider: the U.S. Visa Integrity Fee. Signed into law, this non-waivable $250 charge applies to most nonimmigrant visa holders, including tourists, students, and temporary workers.

With sweeping terminations of parole and TPS programs, employers face new I-9 compliance risks—often without clear notice from the government. A new E-Verify “Status Change Report” may signal revoked work authorization, triggering employer obligations even without direct confirmation. In this uncertain landscape, understanding constructive knowledge and implementing a consistent reverification protocol is essential to avoid liability.

The bipartisan Dignity Act of 2025 offers a sweeping proposal to reform U.S. immigration, including temporary legal status for undocumented immigrants, protections for Dreamers, visa backlog reduction, and stricter border and asylum measures. While not without controversy, the bill marks a serious effort to advance long-overdue reform at a time of growing public support for immigration.

On June 23, 2025, the U.S. Department of Labor announced the creation of the Office of Immigration Policy (OIP) to centralize oversight of employment-based visa programs like H-2A, H-2B, PERM, and H-1B. The OIP aims to streamline processing, improve interagency coordination, and enhance policy development. While the move signals potential improvements, the real-world benefits remain uncertain and warrant cautious optimism.