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.

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.