Key Notes:

DHS is publishing a proposed new rule to change the H-1B lottery from a randomized system to a weighted lottery favoring higher-paying positions.

Comments on the proposed rule can be submitted within 30 days of September 24, 2025.

Last week, President Trump signed an Executive Order imposing a new $100,000 fee for H-1B petitions. There are many questions remaining on the scope (and even the enforceability) of that executive action. In the meantime, though, the administration is continuing its attempt to revamp the H-1B visa program. The Executive Order calling for the $100,000 fee also directed the “Secretary of Homeland Security [to] initiate a rulemaking to prioritize the admission as nonimmigrants of high-skilled and high-paid [foreign nationals].”

The proposed new rule

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