It’s March, and with H-1B season heating up, a new wave of headlines is circulating—talk of reversing the $100,000 fee, scrapping Trump-era restrictions, and restoring the old H-1B system.
We’re hearing from a number of clients who want to know: “Is this real? Should we wait? Is the current process about to change?”
Our answer: The rules you’ve been preparing for are still the rules in place—and you should keep moving forward.
Below, we break down what’s happening, what’s not, and what Buda Law Group recommends this season.
A Bill to Reverse Trump’s H-1B Proclamation—But Little Momentum
On March 10, Rep. Bonnie Watson Coleman introduced the WISA Act, a bill aimed at reversing the H-1B proclamation signed last September. The bill would eliminate the $100,000 supplemental fee for certain new H-1B petitions and undo the wage-based requirements that now influence lottery selection odds.
Supporters argue that the fee discourages global hiring and threatens U.S. competitiveness—especially in research, medicine, and tech. They also cite ongoing shortages in fields like nursing and health care, where foreign talent often fills vital roles.
However, with Republicans currently controlling both chambers of Congress, there’s little political appetite to roll back the Trump-era rules. Some lawmakers are even pushing in the opposite direction—introducing bills to restrict or even phase out the H-1B entirely.
Lawsuits Could Shift the Landscape—Eventually
Separate from Congress, legal challenges to the $100K fee are also working their way through the courts. The U.S. Chamber of Commerce and others argue that the fee is effectively an unauthorized tax and exceeds the president’s authority under immigration law.
A ruling in their favor could overturn the fee—or at least pause it—but as of now, no injunction has been issued, and USCIS continues to apply the rule.
Even if the courts eventually act, it likely won’t happen fast enough to change the rules for this year’s applicants.
So What’s the Status Quo?
Despite the noise, nothing has changed since our January coverage. Here’s where things stand:
- The new wage-weighted selection system is in effect: higher-wage positions get more entries in the H-1B lottery, but lower-wage positions remain eligible (with lower odds).
- The $100,000 supplemental fee applies only in relatively narrow circumstances—primarily to new H-1B petitions filed for beneficiaries outside the U.S. without a valid visa, and only when the petition requests consular processing.
- Most in-country change of status cases (such as F-1 to H-1B) are not affected by the fee.
- A narrow national interest exception remains available, but is granted only in “extraordinarily rare” cases and requires strong supporting evidence.
In short: the current H-1B rules are real, enforceable, and still active.
What Should You Do Now?
If you’re an employer or a foreign professional considering H-1B sponsorship, here’s our advice:
- Don’t wait for legislative or judicial change. Any such shift is likely months—if not years—away.
- Submit your H-1B registration on time and with care, especially if you’re targeting a Level I or II wage role.
- Work with experienced immigration counsel to position the case properly—particularly around wage level, job duties, and possibility of consular processing should it become necessary.
- Have a backup strategy in place. Depending on your situation, this could include such options as STEM OPT, O-1, cap-exempt H-1B, or even EB-2 NIW planning.
How Buda Law Group Can Help
At Buda Law Group, we help clients see beyond the headlines—and avoid costly inaction.
Whether you’re unsure if the $100K fee applies, need help strengthening a lower-wage H-1B filing, or want to explore alternative strategies, we can guide you through every step.
We continue to monitor legal and policy developments daily. If something truly changes, we’ll let you know immediately. But in the meantime, there’s no reason to delay. The H-1B system may not be perfect—but with the right strategy, it still offers a strong path forward.