The U.S. employment landscape is shifting as employers face new...
Read MoreH1B VISA APPLICATIONS ENTER A NEW ERA
Costs and Opportunities for Companies
H1B VISA APPLICATIONS ENTER A NEW ERA
Costs and Opportunities for Companies
Yasin Bilgehan Akalan
Attorney at Law
Immigration Law Expert – Akalan Law Firm
The H-1B visa remains one of the most important pathways for companies operating in the United States to access highly skilled foreign workers. However, two major regulatory developments have recently emerged regarding the H-1B visa program. As a result, employers are now entering a new evaluation phase.
The first development is a new application fee that requires employers to pay an additional $100,000 for each H-1B visa filing. The second relates to a change introduced by the Department of Homeland Security (DHS), which has implemented a salary-weighted selection system within the H-1B lottery.
When these two regulations are considered together, it becomes clear that H-1B visas now fall under a new framework in terms of both cost and selection probability. However, within all these changes, one key point stands out for employers:
Employees who are already in the U.S. with lawful status and transition to H-1B status through a change of status are generally not subject to the additional $100,000 application fee.
Under the current Trump H-1B policy framework, employers are required to pay an additional $100,000 per H-1B petition, in addition to regular USCIS filing fees. This regulation is considered one of the most significant H-1B visa changes in recent years.
This amount must be fully covered by the employer and is independent of the employee’s salary. For small and medium-sized businesses, this figure represents a substantial financial barrier. As a result, filing H-1B petitions for lower- or mid-level salary positions has become financially challenging.
Although this regulation, introduced as part of broader H-1B visa program updates, has currently been upheld as lawful by a federal court, the appeals process remains ongoing. Therefore, the final regulatory outlook is expected to become clearer over time.
The DHS-implemented weighted selection system has fundamentally changed the logic of the H-1B visa lottery and is considered one of the most impactful H-1B visa program updates to date. Under the previous system, all applications had equal selection probability. Under the new model, however, applications offering higher wage levels receive greater selection priority.
This H-1B visa rules update has created an environment in which highly qualified, competitively paid positions benefit the most. Lower-paid applications are not excluded, but their selection probability is relatively reduced.
In this way, salary level has now become a factor that directly affects H-1B visa success rates and must be incorporated into long-term human resources strategy planning.
In light of these developments, one of the most critical issues for employers is the following: the additional $100,000 fee primarily targets new H-1B visa applications filed for individuals entering the United States from abroad.
By contrast, where an individual already holds lawful status in the U.S., such as F-1, J-1, or another temporary status, and transitions to H-1B status through a change of status within the country, this additional fee is generally not applied.
This makes the existing pool of foreign talent already present inside the United States significantly more attractive under the H-1B visa framework. It also offers a more predictable cost structure. In other words:
✔ hiring abroad now carries higher cost and uncertainty
✔ hiring talent already in the U.S. under H-1B provides a strategic and financial advantage
Has a heavy shadow fallen over your immigration journey? The moment you opened that letter from USCIS, you weren’t just touching an envelope, you were touching the dreams, plans, and months of effort you had invested. In that moment, an indescribable silence forms inside a person; a moment when hope and disappointment blend together and time seems to stop.
When all of these regulations are evaluated together, it becomes clear that the overall cost of filing H-1B visa applications has increased. However, with the right planning, the new framework may also create important opportunities for employers.
The $100,000 H-1B visa filing fee requirement, combined with DHS’s salary-weighted lottery model, represents major H-1B visa changes that reposition the program toward highly skilled and higher-paid roles.
At the same time, H-1B visa applications filed for workers who already hold lawful status inside the United States are, in most cases, exempt from the additional cost — making this pathway a more sustainable and strategic hiring option.
Nevertheless, closely monitoring legal developments and ongoing H-1B visa program updates, while acting with strong planning and professional guidance, will be essential for companies seeking to navigate this new era effectively.
Chamber of Commerce of the United States of America v. U.S. Department of Homeland Security, No. 1:25-cv-03675 (D.D.C. Dec. 23, 2025) (Memorandum opinion). Justia US Law. https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2025cv03675/285953/54
U.S. Citizenship and Immigration Services. (n.d.). H-1B specialty occupations. https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
U.S. Citizenship and Immigration Services. (n.d.). H-1B electronic registration process. https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process
U.S. Department of Homeland Security. (n.d.). Home. https://www.dhs.gov/
The White House. (2025, September). Restriction on entry of certain nonimmigrant workers. https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
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