After H-1B Costs Soar by $100,000, Another New Regulation Arrives!

On September 24, 2025, the U.S. Department of Homeland Security (DHS) published a reform plan for the H-1B visa lottery in the Federal Register. The lottery is no longer purely random but is weighted based on salary levels. The draft has now officially entered a 30-day public comment period.

 

Core of the reform: From luck to salary

Before the reform:

H-1B relied entirely on "luck," with all applicants, regardless of high or low salary, entering the same lottery pool.

 

After the reform:

Salary levels become a key variable. The higher the salary, the more times one enters the lottery pool, and the greater the chance of being selected.

 

The specific rules are as follows (activated when the number of registrations for the year exceeds the 85,000 cap):

• Level 4 (high salary tier, exceeding 67% of the industry level) → Enters the lottery pool 4 times

• Level 3 (upper-middle, exceeding 50% of the industry level) → Enters the lottery pool 3 times

• Level 2 (lower-middle, exceeding 34% of the industry level) → Enters the lottery pool 2 times

• Level 1 (entry level, exceeding 17% of the industry level) → Enters the lottery pool 1 time

Additionally, if there is a salary range, the lowest value must be declared; for multiple work locations, the location with the lowest salary level must be used. The "one person, one draw" rule remains; if the same beneficiary has multiple employer registrations, the lowest salary level applies.

In summary: The new regulation closes all loopholes, completely preventing "inflated salaries to cheat the lottery," leaving no shortcuts for students and employers.

 

The harsh truth, who is being completely eliminated

Under the new regulation, three groups are almost destined to be "runners-up":

• Recent graduates with a bachelor's or master's degree: Lacking work experience, they can only earn entry-level salaries (Level 1), making it nearly impossible to reach Level 3/4.

• Employees of small and medium-sized enterprises or in small cities: Employers cannot offer high salaries, making it difficult to improve salary levels, significantly reducing competitiveness.

• Workers in non-high-paying fields: Even if skills match, if the overall industry salary level is low, they may be marginalized due to insufficient levels.

In other words, recent graduates and entry-level workers become the biggest "losers."

 

"Double Blow":

$100,000 Application Fee + Salary Weighting

Just before the weighted lottery was announced, the White House had already thrown another "heavy punch":

The H-1B application fee has increased to $100,000 per person, borne by the employer.

This means:

Fee threshold → Directly blocks small and medium-sized enterprises;

Salary weighting → Prioritizes limited slots for high-paying positions in large companies;

Double combination → Further diminishes employment opportunities for international students.

 

Past: H-1B was like a lottery.

Now: First pay the "$100,000 ticket," then compete on salary levels.

H-1B has transformed from a "mystical lottery" to a "capital game":

Wealthy large companies + high-paying positions → Winner takes all;

Ordinary newcomers + small companies → Completely out.

The random lottery is completely over; salary levels determine fate; the $100,000 threshold adds insult to injury.

For most ordinary international students, the path to staying in the U.S. is being blocked step by step.

Outside of this identity gamble, EB-5 investment immigration, especially rural projects, offers a more certain and safer path to staying in the U.S.

Don't just gamble on H-1B; planning dual tracks in advance is the prudent way to stay in the U.S. in the future.

 

Why EB-5

is the prudent path to U.S. immigration?

No lottery: Investment starts at $800,000, and the whole family gets green cards;

Currently no backlog advantage: Rural projects have a 20% reserved quota, currently with no backlog;

Dual submission: Simultaneously submit I-526E immigration application and I-485 adjustment of status application, and receive a Combo card in about 3 months

Policy lock: Submit by September 30, 2026, protected by the "grandfather clause," unaffected by future policy changes.

 

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