Big Immigration Changes Ahead: H-1B $100,000 Fee Requirement, Student Visa Rules, and the New H-1B Cap Selection System

The U.S. immigration landscape is shifting again, with recent and proposed changes including the new H-1B $100,000 fee requirement, updates to student visa rules, and a revised H-1B cap selection system. These developments will affect employers, HR professionals, and foreign national students and workers. If your organization relies on the H-1B program, hires F-1 students who may transition to other visa classifications, or is preparing for the upcoming H-1B cap season, it’s critical to understand what’s happening now.

At our firm, we track these developments closely so our clients can stay ahead of the curve. Here’s what you need to know:

The New $100,000 H-1B Fee: What Employers and Workers Need to Know

On September 21, 2025, a presidential proclamation introduced an H-1B $100,000 fee requirement for certain H-1B petitions. Understandably, this has caused significant concern among employers and foreign national professionals. Here’s where things stand:

What We Know:

• The proclamation applies only to the H-1B classification (not TN, E-3, H-1B1, or other work visa types).
• It establishes an H-1B $100,000 fee requirement for certain new H-1B petitions filed on or after September 21, 2025. As of now, the fee requirement appears to apply only to new H-1B petitions for individuals outside the United States. This means that it seems the proclamation does not affect H-1B transfers, extensions, amendments, or change of status requests for H-1B beneficiaries who are currently in the U.S. So far this type of petition has been accepted without requiring the fee.
• The policy is effective for 12 months, with the possibility of extension.
• There is no official confirmation yet about whether H-4 dependents are covered, though current guidance suggests they are not.

Possible Exceptions:

The proclamation mentions possible national interest exceptions for specific individuals, companies, or industries. However, no official exemptions have been announced at this time.

What We Don’t Know Yet:

• How the H-1B $100,000 fee requirement will be paid and how funds will be used.
• Whether individuals currently in H-1B status who travel abroad will need to pay upon re-entry. As of right now, it seems the fee does not apply to individuals whose petition was filed before 9/21/25.
• Whether nonprofit and cap-exempt institutions will be treated differently (current information suggests they are not exempt).

If you are uncertain if you or your employee is affected by this change, please consult with us or another qualified immigration lawyer before making travel plans.

Proposed Rule Affecting Student Visa Holders (and Their Employers)

The Department of Homeland Security (DHS) has published a proposed rule that would bring several key changes to the F-1 student and J-1 visa classifications, including:

• Duration of admission: Right now, when a foreign national enters the US on an F-1 or J-1 visa, their I-94 states that their end date for the period of admission is "D/S". That stands for "duration of status" and it means they can stay as long as their program lasts. This proposed regulation would instead give F-1 and J-1 visa holders a specific end date. In addition, under the proposed rule, the period of admission would not exceed four years.
  • Any extension of status would require a formal change of status application to be filed with USCIS (right now, the DSO or RO just updates the I-20 or DS-2019).
• Reduce the F-1 grace period from 60 days to 30 days
• Institute restrictions on educational level changes: F-1 students who complete a degree program would not be able to start another program at the same level or at a lower educational level. In addition, students who change educational levels would have to file Form I-539 for an extension of stay with USCIS.

The comment period for the proposed rule ends 9/29/25. After that, DHS must review the comments, and then publish the final rule. There is typically a notice period between the time the final rule is published and the effective date. While no one knows for sure what the effective date will be, it's possible that it will be in effect before the end of the year. Overall, this proposed rule significantly reduces flexibility within the program. Once implemented, both individuals and employers will need to pay careful attention to how the new rules impact the ability to hire foreign national students and ultimately assist them in transitioning to other classifications such as H-1B, O-1, TN, etc.

Weighted Selection for the H-1B Cap Lottery (Proposed Rule)

In addition, DHS has published a proposed rule that would change the way that the H-1B lottery is conducted. As of right now, the H-1B lottery selection is conducted randomly. As long as a registration is properly entered, each registration has an equal chance of selection, regardless of the occupation, salary offered, etc. The proposed rule for the weighted selection process would require that each registrant also indicate the highest wage level that the foreign national's wage would meet or exceed for that occupation in the area of intended employment. Then a beneficiary assigned wage level 4 will be entered into the selection pool 4 times, a beneficiary assigned a wage level 3 would be entered 3 times, a beneficiary assigned wage level 2 would be entered 2 times, and wage level 1, 1 time.

The comment period for this rule ends 30 days from September 24, 2025. After that, DHS must review the comments, and then publish the final rule. There is typically a notice period between the time the final rule is published and the effective date. While no one knows for sure what the effective date will be, it's possible that it will be in effect for the spring 2026 H-1B registration period.

This change would significantly change the way that registrations are prepared, and would require more extensive analysis and preparation by the lawyer and employer prior to the registration being entered. It will require careful strategic planning that hasn't been required previously for registrations.

What Employers and Foreign Nationals Should Do Next

While these changes and proposed changes may seem daunting and overwhelming, we're here to help employers and individuals alike through the changes. Steps you can consider taking now:

• Stay tuned for clarifications and updates on the H-1B $100,000 fee requirement; review your H-1B employee list now and coordinate with immigration counsel if needed, to determine who may be impacted and come up with a plan.
• Stay alert for finalized F-1 and J-1 rule changes. Keep in mind that the final rule will likely be at least somewhat different from the proposed rule.
• Start planning now for H-1B cap season - start the list of individuals you may want to register, review wages being offered, and make sure to have a solid plan for timelines and preparation for the registration.
• With the guidance of your immigration lawyer, start thinking about possible alternatives to the H-1B cap process.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today to set up your initiation consultation to get the process started! You can set an appointment online. You can also call us at 804-214-7870 or send us an email at info@sumnerimmigration.com.

We are immigration lawyers in Richmond, VA, but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.