Major Shifts Ahead for the H-1B Visa Program: What Employers Need to Know

The U.S. H-1B program is set for major changes, including a $100,000 petition fee, tougher enforcement through Project Firewall, and a shift from a random lottery to a wage-based selection system. These measures could raise costs, increase compliance risks, and make it harder for entry-level roles to secure visas. Employers will need to budget carefully, strengthen compliance, and consider alternative immigration pathways.

aiLegal can help businesses stay ahead by providing compliance audits, wage strategy guidance, and tailored immigration planning.

👉 Book a Consultation to protect your hiring strategy and prepare for these shifts.

The H-1B visa program is facing one of its biggest shakeups in years. Recent policy proposals and enforcement initiatives signal higher costs, stricter oversight, and a new selection process that favors higher-paid roles. For employers and foreign workers alike, these changes could dramatically alter how H-1B sponsorship works.

At aiLegal, we’re keeping a close eye on these developments to help you prepare. Here’s what’s on the horizon:

A $100,000 Fee for H-1B Petitions

The Trump Administration has proposed a $100,000 filing fee for certain H-1B petitions. While some details remain unclear, this fee would significantly raise the cost of sponsorship—especially for companies hiring multiple employees. Smaller businesses may find it especially challenging to absorb these expenses.

“Project Firewall”: Enforcement Gets Tougher

The Department of Labor’s new initiative, Project Firewall, ramps up enforcement against H-1B misuse. Employers may now face deeper investigations into wages, job descriptions, and compliance with labor condition applications. Penalties include fines, back-pay awards, and even bans on future H-1B filings.

This means compliance isn’t optional—it’s essential. Companies must be proactive about documentation, wage benchmarks, and internal audits.

From Lottery to Wage-Based Selection

Instead of the traditional random lottery, the government has proposed a wage-based selection rule. Higher-paid roles would have a much better chance of selection, while entry-level positions could struggle to compete.

This could reshape the hiring landscape—pushing employers to prioritize senior, higher-compensation roles for H-1B petitions.

Why It Matters

Taken together, these proposals create a tougher environment for both employers and international talent. Higher costs, stricter enforcement, and a wage-tiered lottery mean companies will need smarter strategies—and airtight compliance—to succeed in securing H-1B visas.

How aiLegal Can Help

At aiLegal, we specialize in simplifying complex immigration processes. Our platform and legal team can help you:

• Understand the financial and compliance impact of the new $100,000 fee

• Conduct proactive audits to prepare for Project Firewall investigations

• Strategize wage and role positioning under a wage-based selection system

• Explore alternative visa pathways (O-1, EB-1, etc.) where appropriate

Learn More About the H-1B Process
The proposed changes show just how complex and fast-moving the H-1B landscape can be. If you’re looking for a deeper dive into eligibility, timelines, and best practices, visit our H-1B Visa Resource Hub.

There, you’ll find:
Step-by-step guidance on H-1B eligibility and filing
Insights into costs, documentation, and compliance
Practical tips to maximize your chances under the new rules

👉 Explore the H-1B Resource Hub
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Book a Consultation Today Don’t wait for these changes to catch you off guard. Schedule a consultation with aiLegal and get a tailored strategy for your business and workforce. 👉 Book a Consultation