H-1B Work Visa Updates

On December 23, 2025, the Department of Homeland Security (DHS) announced it was amending regulations governing the H-1B work visa selection process to prioritize the allocation of visas to higher-skilled and higher-paid foreign born workers. The new rule replaces the random lottery for selecting visa recipients with a process that gives greater weight to those with higher skills, DHS said. This final rule is effective February 27, 2026, and will be in place for the FY 2027 H-1B cap registration season. You can read more in the DHS news release here.    

​Next, and as AHCA/NCAL shared previously, the President signed a proclamation in September of 2025 to restrict the entry into the United States of certain H-1B non-immigrant worker visas, requiring a $100,000 payment to accompany or supplement H-1B petitions for new applications. There have been legal challenges to the Administration’s proclamation, including by the U.S. Chamber of Commerce and one in the U.S. District Court for the Northern District of California.  

On December 24, the U.S. District Court for the District of Columbia upheld the Presidential Proclamation decision imposing the $100,000 fee. You can read the U.S. Chamber of Commerce’s reaction here​. On January 5, the U.S. Court of Appeals for the District of Columbia Circuit agreed to expedite an appeal of a court loss by U.S. business and research groups (U.S. Chamber of Commerce and the Association of American Universities) that are challenging President Donald Trump's $100,000 fee. 

AHCA/NCAL will keep its members informed of any relevant updates around these matters.