What the Trump Administration's Immigration Executive Orders Mean for H-1B Workers

June 2026 | By Parikh & Prasad, PC

If you are currently employed in the United States on an H-1B visa, or if your company sponsors H-1B workers, the immigration landscape has changed significantly since January 2025. This post summarizes the most important developments and what they mean for you.

The $100,000 Visa Integrity Fee

On September 19, 2025, President Trump signed a Presidential Proclamation introducing a new $100,000 fee for H-1B visa applications. This fee applies to new applicants located outside the United States who are seeking entry in H-1B status. Importantly, updated USCIS guidance issued in October 2025 clarified that individuals already residing in the U.S., including those on currently valid H-1B visas, are generally not subject to this fee. However, certain change-of-status or amendment situations may trigger the fee, and the rules in this area continue to evolve.

A New Weighted Lottery System

For the FY 2027 H-1B cap registration season, USCIS has implemented a new weighted selection process under a final rule effective February 27, 2026. Rather than purely random selection, the new system increases the probability that H-1B visas are allocated to higher-skilled and higher-paid workers. This represents the most significant structural change to the H-1B lottery in nearly a decade.

What Employers Should Know

Employers who sponsor H-1B workers need to carefully evaluate how the new fee structure and lottery rules affect their hiring strategies and workforce planning. Companies that have historically used the H-1B program extensively may need to reevaluate their approach, particularly for new applicants applying from abroad.

What H-1B Workers Should Know

If you currently hold a valid H-1B visa and are in the United States, your status is generally not affected by the new fee requirement at this time. However, travel outside the United States carries increased risk in the current policy environment, and you should consult with an immigration attorney before making any international travel plans.

The immigration rules affecting H-1B workers are changing rapidly. At Parikh & Prasad, PC, our attorneys monitor these developments closely and can help you understand how they apply to your specific situation. Contact us to schedule a consultation.

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