DHS Proposes H-1B Change Favoring High-Wage Workers

The U.S. Department of Homeland Security released a proposed rule Sept. 23 overhauling the H-1B visa selection process.

The proposal, which follows a Sept. 19 proclamation from the Trump administration imposing a $100,000 fee on H-1B visas, is designed for favor higher-skilled and high-wage workers.

It gives greater weight to applications by employers that pay high wages if annual visa requests exceed the statutory limit of 85,000.

The H-1B program offers 65,000 visas annually to employers bringing in temporary foreign workers in specialized fields, with another 20,000 visas for workers with advanced degrees.

Based on the proposed rule, applications for high wage employees will have a greater chance at being selected in the annual visa lottery.

“DHS aims to implement the numerical cap in a way that incentivizes employers to offer higher wages, or to petition for positions requiring higher skills and higher skilled aliens, that are commensurate with higher wage levels,” the agency’s notice of proposed rulemaking reads.

“The proposed process would favor the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels.”

Written comments on the proposed rule (DHS Docket No. USCIS-2025-0040) must be submitted through the Federal eRulemaking Portal on or before Oct. 24, 2025.