This material does not constitute legal, tax, financial or immigration advice. It is for educational purposes only and reflects the situation as of the publication date.
U.S. immigration rules change frequently and labour markets are volatile. All risks and decisions remain with the reader. Before filing any petitions, consult a licensed U.S. immigration attorney about your specific case.
In the fall of 2025 H-1B stopped being a “routine” work visa. A presidential proclamation introduced an additional $100,000 proclamation fee for a range of new H-1B petitions, while the Department of Homeland Security (DHS) proposed moving from a random lottery to a wage-weighted selection. At the same time, the administration is pushing the new Gold Card program for high-net-worth donors, potentially linked to EB-1 and EB-2 NIW immigrant categories.
For employers and candidates these are not cosmetic tweaks but structural shifts: the cost of bringing a specialist on H-1B has skyrocketed, and selection chances now depend not only on qualifications but also on the formal wage level. In this article we unpack what exactly changed, who finds H-1B almost out of reach, and which immigration routes — from EB-2 NIW to O-1A and Gold Card — can realistically replace it in 2025–2026.
The new $100,000 H-1B fee: the core of the reform in one section
The presidential proclamation of 19 September 2025 introduced an additional $100,000 “proclamation fee” for certain new H-1B petitions. In practice it primarily targets cases where the beneficiary is outside the United States and the employer seeks to bring them to the U.S. on H-1B within a specific period after the proclamation takes effect.
This effectively turns H-1B into a very expensive tool for small companies, hospitals, universities and nonprofits that simply cannot afford an extra $100,000 per hire. Large tech and finance employers sometimes state they are willing to absorb the fee, but even for them it means rethinking hiring strategy and immigration budgets.
Business associations and industry groups have already challenged the fee in court, and many details remain contested: which petitions are definitely covered, what exceptions (such as National Interest Exception) may apply, and how to treat extensions and transfers. The matrix below summarises typical scenarios.
The bottom line: even if your specific petition is technically outside the fee, the “$100,000 effect” is still there. Employers rework hiring strategies, move functions abroad or choose other visa routes. For candidates this is a signal to treat H-1B as one option in a portfolio, not the only plan.
From random to weighted: how wage levels influence your chance of selection
Historically, the H-1B lottery was random: all properly filed registrations had roughly equal chances, regardless of the wage level in the LCA. The DHS proposal changes this logic. Registrations at higher wage levels (3–4) are expected to carry a higher “weight” and enter the selection pool more times than level 1–2 cases.
Exact coefficients are still under discussion, but the direction is clear: the system becomes friendlier to highly paid roles in large corporations and less hospitable for junior specialists, residents, physicians and educators whose salaries sit at the lower end of the spectrum.
The chart below shows an illustrative index of selection odds for different wage levels (1–4) after moving to a weighted lottery. Level 1 is set to 1. Other values are given only to visualise the trend: the higher the wage, the higher the relative chance of selection, all else being equal.
For employers this means that wage-level strategy in the LCA becomes mission-critical. For candidates it means that entering the lottery without a strong bargaining position on wages turns the process into a “lottery squared”. In the next block we will look at typical profiles for whom H-1B is rapidly becoming a nearly unattainable goal.
Who is H-1B becoming nearly unattainable for in 2025–2026
The $100,000 fee and wage-weighted lottery do not abolish H-1B, but they dramatically shift the balance. Some candidate categories can still rely on strong corporate sponsors; others are effectively pushed out if they only bet on this route. Below are common profiles immigration lawyers are already seeing in consultations.
Previously, a junior developer or analyst with an offer from a small company could hope that a random lottery would give them similar chances to more senior colleagues. Under a weighted system, level 1 becomes the bottom rung: the registration participates but carries minimal weight, while it competes with level 3–4 jobs in large firms.
If the employer cannot raise wages to a higher level, it is critical to build alternative routes in parallel — from EB-2 NIW (via research, publications and industry impact) to education or business strategies for E-2 where applicable.
For physicians and university faculty, H-1B has long been a key instrument. Now, with the added $100,000 fee (in some scenarios) and wage-based lottery, small clinics, colleges and research centres face severe pressure.
They are forced to choose between giving up on foreign hires, moving to other visa categories (for example, J-1 with a later switch) or seeking better-funded immigration paths where they can argue national interest and pursue EB-2 NIW or in future the Gold Card framework.
For a startup, writing an additional $100,000 cheque for one employee is often impossible. Even if founders believe the person is critical for the product, investors or the board may reject such spending.
In the long run many such companies explore L-1A/L-1B via foreign offices, treat founders as O-1A candidates, or use investor programs (E-2 and, for a narrow segment, Gold Card) to avoid relying solely on H-1B.
A person in the U.S. on F-1, J-1 or another nonimmigrant status with limited time left cannot safely follow the strategy “we’ll try the H-1B lottery and see what happens”. If the lottery fails and processing slows down, there may be no time left to prepare alternative routes.
In such cases lawyers increasingly design combined strategies: parallel profile building for EB-2 NIW or O-1A, planning an L-1 transfer via a foreign affiliate, or preparing for asylum/other protection where appropriate.
Which routes can replace H-1B in 2025–2026
With H-1B becoming more expensive and less predictable, more candidates and employers move to a “visa portfolio” strategy. H-1B remains one tool, but no longer the only one. Below is a concise overview of key alternatives already widely used in practice.
An immigrant category for professionals with an advanced degree or equivalent experience whose work can be shown to benefit U.S. national interests. After the H-1B reform interest in NIW has surged: with a well-structured profile, a candidate can aim directly for a green card, bypassing lottery caps and time limits.
A nonimmigrant category for individuals with extraordinary ability in science, business, education or athletics. Unlike H-1B, there is no annual numerical cap or lottery. The focus is on evidence: awards, publications, leadership roles, and impact on the field. For founders and researchers with strong records, O-1A becomes a workhorse umbrella status while they pursue EB-1A or EB-2 NIW.
Visas for managers, executives and specialised knowledge employees transferred from a foreign entity to a U.S. branch or affiliate. With a sound corporate structure and real foreign operations, L-1 can bypass the H-1B lottery and pave the way to a green card via EB-1C for multinational managers.
For nationals of treaty countries, E-2 allows residence through investment in a U.S. business. E-2 is not a green card by itself but a powerful vehicle to build a career and company in the U.S., and later transition to immigrant categories.
A new initiative proposing substantial donations to the U.S. Treasury (from $1 million for individuals and $2 million for corporations) in exchange for an accelerated path to permanent residence, tied to EB-1/EB-2 NIW frameworks. As of late 2025, the program is still being shaped, but is already under intense discussion in the legal community.
Select your situation and parameters. The navigator will highlight routes that attorneys often discuss in comparable cases. It does not replace personalised legal advice but provides a structured starting point for planning.
What to do now: a roadmap for candidates and employers
The H-1B reform is not a verdict; it is a signal to plan more strategically. In practice, those who prepare several routes in advance tend to outperform those who rely on a single lottery outcome. The steps below offer a framework to discuss with your immigration counsel.
- Assess whether you fall under the $100,000 fee and the weighted lottery regime. Clarify where you are located (inside or outside the U.S.), whether the case is new or an extension, and what wage level applies.
- Evaluate your profile for EB-2 NIW and O-1A. Even if you are not ready to file now, identify the gap between your current record and typical evidentiary requirements.
- If you are a founder or manager, analyse L-1A/L-1B and business-based options. In some situations it makes more sense to build an international structure than to push only for H-1B.
- Assess your investment capacity. With higher capital, E-2 and, for some, Gold Card may become part of the portfolio. Always consider tax and compliance implications.
- Build in time buffers. Factor in possible litigation over the $100,000 fee, changes in the final text of rules and general USCIS processing delays.
- Keep your information current. Monitor final regulations in the Federal Register, updates on the USCIS and Department of State websites, and statements from professional associations.
In a reform environment the winners are not necessarily those with a “perfect” profile, but those who spot change early and adapt. The sooner you start building a portfolio of routes (H-1B, EB-2 NIW, O-1A, L-1A, E-2 and potentially Gold Card), the more room you will have to manoeuvre as political and regulatory winds shift.
Before making decisions, always consult the latest versions of official documents on U.S. government websites.
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Presidential proclamation on restriction on entry of certain nonimmigrant workers and the additional H-1B fee:
https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/ -
USCIS alert on implementation of the proclamation and the fee:
https://www.uscis.gov/newsroom/alerts/presidential-proclamation-on-restriction-on-entry-of-certain-nonimmigrant-workers -
DHS proposed rule on a weighted selection process for H-1B cap registrations in the Federal Register:
https://www.federalregister.gov/documents/2025/09/24/2025-18473/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b -
White House description of the Gold Card program:
https://www.whitehouse.gov/presidential-actions/2025/09/the-gold-card/ -
Fragomen overview of Gold Card implementation by USCIS and DOS:
https://www.fragomen.com/insights/united-states-uscis-and-dos-take-further-steps-toward-implementation-of-gold-card-permanent-residence-program.html -
Example of legal analysis of the $100,000 H-1B supplemental fee and related litigation (Alston & Bird):
https://www.alston.com/en/insights/publications/2025/11/h-1b-visa-new-supplemental-fee
Practice at USCIS and DOS can evolve in response to court decisions and political developments. Any individual strategy requires a detailed, case-specific assessment.
