H-1B Visa: List Of New Restrictions Proposed By White House After $100,000 Fee Hike And How It Impacts Indians

Overview Of The New H-1B Proposed Rule  What’s Cooking In The US Visa Kitchen?

So, here’s the latest headlines from across the oceans! 

We are know In September 2025, the US government dropped a bombshell, a whopping $100,000 fee for new H-1B visa petitions. Now, adding more spice to the mix, the White House is cooking up a fresh recipe called “Reforming the H-1B Nonimmigrant Visa Classification Program.”

The most frequently asked question is, What is the goal?

The reason behind, to put the program under a stricter microscope and give American workers some extra protection, think of it as the US saying, “My Country, My People, My Salary!”

The new rule could hit the public Federal Register by December 2025, so those dreaming of working in Silicon Valley, brace yourselves! This isn’t just another policy; it’s a game-changer aimed at shaking up how skilled workers enter the US. 

Key Proposed Restrictions On H-1B Visa

• Narrowing the “Specialty Occupation” Definition: Only jobs where your degree directly matches the job duties qualify as a specialty occupation. So, no more loose connections, your education and work must be a perfect match!
• Weighted H-1B Lottery System: Forget random draws! Now, your chances depend on your salary level. Higher pay means more lottery entries, Level 4 salary gets four chances, while Level 1 only gets one. Money talks!
• Restrictions on Cap Exemptions: The list of employers exempt from H-1B limits is under review. Universities, research groups, and healthcare institutions might see changes, meaning fewer free passes for some sectors.
• Increased Oversight of Third-Party Placements: Tech and consulting firms that send H-1B workers to client sites will face stricter checks. If you work through a third party, expect more scrutiny on your placement.
• More Scrutiny for Non-Compliant Employers: If a company has broken wage or labor rules before, they’ll now be watched closely. Repeat offenders may find it harder to hire H-1B workers, time to play fair!
• Restrictions on Other Visa Categories: The proposal may also clamp down on O-1A visas and national interest waivers, limiting alternative routes for high-skilled foreign professionals aiming to work in the US.

Why These Changes For H-1B Visa?

The Department of Homeland Security (DHS) says these new H-1B rules are all about protecting U.S. workers, making sure their wages and work conditions don’t get hampered. Which is like Basically, they want to stop companies from using the H-1B visa as a sneaky way to hire cheaper foreign workers and undercut local salaries. 

Now, about that $100,000 fee, you might have heard the big fuss.

Good news for existing visa holders: this fee only applies to brand-new H-1B applicants. So, if you’re already in the system or renewing your visa, you’re off the hook, for now. But keep an eye out because this hefty fee is currently battling it out in court. Will it stick or get dropped? Time will tell!

So, if you’re planning to apply for a fresh H-1B, get ready for these changes, they’re shaking things up for everyone!

Timeline And Next Steps For H-1B Visa

• Publication Soon: The proposed rule is likely to be published in the Federal Register by December 2025.
• Public Comments: After publication, there will be a period for public feedback on the rule.
• Review & Finalization: DHS will review comments, then finalize and enforce the rule.
• Stay Informed: Keep an eye on updates to know when the changes take effect.

The new H-1B visa waiver may have great effects on Indian professionals as they comprise a large portion of the H-1B workforce in the US. The new stricter specialty occupation requirements will only allow closely related degrees and employment to be approved, which may lower approvals.

The weighted lottery gives more importance to higher salaries, which are more difficult to get among entry-level candidates. Heightened responsibility on the part of third-party placements and past-violating employers may reduce opportunities within tech and consulting companies, where there is a large number of Indians.

The expensive cost of new petitions, $100,000, is an added burden on employers, which may result in a decrease in the number of job offers. All in all, these developments may render it more strenuous and challenging for Indians who wish to obtain a US work visa.

(With Inputs)

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