For decades, U.S. companies have turned to the H-1B visa to attract top scientists, engineers, and developers from around the world. Despite flaws, shortcomings, and some controversy, the program has fueled innovation — and served as a formula for economic success.
But the model that many companies have come to rely on has collided with a new political reality: President Donald Trump’s administration, looking to promote its America First business framework, has introduced significant changes to the H-1B program. These include a $100,000 fee on new H-1B petitions and a proposed weighted selection process that favors higher-paying roles.
These changes, whether they lead to positive or negative results for the U.S., are creating new challenges for employers. “These policies will affect and disrupt industries and the economy for years to come,” said Tahmina Watson, an immigration attorney based in Seattle. “An entirely different immigration environment is emerging.”
For CIOs and other executives, it’s clear that a new era of labor is emerging. Organizations must navigate an increasingly costly and complex talent environment, but they also must look for talent in new places or consider reconfiguring offices and partnerships, to better take advantage of nearshoring and contracting with labor specialists in other countries.
“The $100,000 fee has received a lot of press attention, but there are quite a few proposals and structural changes that would have a significant impact on organizations, including universities and hospitals that have historically been cap-exempt,” said Jeremy Neufeld, director of immigration policy at the Institute for Progress, referring to the annual numerical limit on H-B visas set by the U.S. Citizenship and Immigration Services. The Institute of Progress is a science and innovation think tank based in Washington, D.C.
H-1B Overhaul: Navigating New Rules and Costs
It’s no secret that the H-1B program has been under scrutiny in recent years. While few observers argue against its historical merits, critics have accused companies of abusing the H-1B program, including paying wages below prevailing market value, displacing U.S. workers, and gaming the H-1B lottery, which currently has a cap of 85,000 per year. For perspective, U.S. Citizenship and Immigration Services (USCIS) received 343,981 eligible H-1B registrations spread across 57,600 unique employers for fiscal year 2026.
In fact, the idea of reforming and modernizing the U.S. immigration system isn’t new. In addition to political objections to the program, it has long been mired in inefficiency and problems. The Biden administration proposed several changes in 2023, including overhauling the lottery process, modernizing eligibility rules, and nominally updating H-1B fees. While some fee increases took place, larger structural changes languished because Congress failed to act.
In September 2025, a big move was finally made: President Trump issued a proclamation requiring a $100,000 fee on new H-1B petitions. Separately, the Department of Homeland Security (DHS) proposed a wage-weighted selection process for the lottery.
“Some of these changes make sense. Reforming and modernizing the system is a good objective,” Neufeld said. “However, the way this process is taking place probably won’t achieve the results the administration hopes to achieve.”
How H-1B Fee Hikes Could Backfire
The biggest problem is the idea that companies can cough up $100,000 per applicant to obtain an H-1B visa. “If the goal is to effectively stop the hiring of foreign workers and halt immigration, then the fee will likely be effective,” states Giovanni Peri, a professor of economics at the University of California, Davis, and a leading expert on immigration.
Larger companies with deep pockets — the likes of Apple, Google, Microsoft, Meta and Nvidia — are more likely to clear these hurdles, while many midsize and smaller companies will likely find themselves priced out of the H-1B marketplace. Besides struggling to pay the $100,000 fee, most lack the legal resources to shepherd applicants through the immigration maze.
Although critics of the H-1B program argue that companies can and should turn to Americans, that’s easier said than done. “It can be extremely difficult to find the specific expertise you require,” said Thomas O’Connor, CEO of PlayEveryWare, a gaming co-development studio with offices in Seattle and Yokohama, Japan. “The $100,000 payment isn’t a rounding error; it’s an existential threat.”
A Company Grapples With H-1B Costs, Talent Loss
PlayEveryWare’s story isn’t unusual. The 50-person company operates on low margins and high volume, with an emphasis on high-quality production. Because the firm works with an array of international companies, employees require foreign language skills, an understanding of cultural norms, and a high level of technical proficiency.
The company has one employee currently on an H-1B visa and another in the application pipeline. The employee seeking a visa is in her final year of college and wasn’t selected in two prior lotteries. “This is her last shot to obtain her H-1B,” O’Connor said. If she’s selected, the $100,000 payment wouldn’t apply if USCIS approves a change from F-1 student status to H-1B while she remains in the U.S. However, if she isn’t selected in the next lottery and has to start over — the cost and uncertainty would make it impossible for PlayEveryWare to retain her in the U.S., O’Connor said.
One possibility would be to place her in the company’s Japan office. PlayEveryWare is also considering opening an office in Seoul, South Korea. “It would be extremely difficult to lose her. We have spent years training her. She is performing high-level engine and rendering work inside a proprietary code base. She is one of our top-performing employees. If we had to train someone else, it would come at a huge cost to the company,” O’Connor explains.
In addition to the short-term pain inflicted on businesses like PlayEveryWare, there are likely long-term consequences. “A country that wants to lead in innovation must attract the smartest people from all over the world,” Peri said. “There’s a long history of foreign-born students graduating U.S. universities and going to work for companies or starting firms that create an enormous number of jobs for native U.S. citizens.”
Neufeld said he believes immigration reform shouldn’t be framed as an either-or scenario. “It’s possible to reform H-1Bs and tap into the global talent pool while training people and building skills domestically,” he said. “Immigrants are about 14% of the U.S. population, but they account for 40% of the Nobel prizes [in chemistry, medicine, and physics since 2000]. Do we want to lose access to this talent pipeline?”
CIOs’ Role In H-1B Talent Crunch
Amid a shifting labor landscape, CIOs must take an active role in sourcing and retaining talent. It’s important to model scenarios, diversify labor pipelines, examine the costs and ROI associated with nearshoring and offshoring, and explore alternatives such as the O-1 visa for top performers as well as L-1A and L-1B visas for intracompany transfers. It’s also critical to stay informed as policy and litigation issues change.
There’s also no guarantee that the $100,000 fee and other rule changes will stick. Two major lawsuits are already in the works: one filed by the U.S. Chamber of Commerce and another by a broad coalition of organizations in healthcare and education. And because most of these changes stemmed from a presidential proclamation, a future administration could unwind them.
Some, like Watson, say business leaders must also let Congress and the president know that while H-1B reform is a valid objective, the process must be conducted in a thoughtful and constructive way.
“People pour their hearts and souls into building businesses, and many of them depend on highly skilled foreign talent,” Watson said. “If we cut that off, we risk losing what has made America great.”
