As we conclude the year, we bring our readers important updates in immigration news. While many developments may be concerning, we wish everyone a joyous holiday season and a prosperous 2026.
District Court Upholds $100,000 H-1B Fee
In a significant ruling, the U.S. District Court sided with the Department of Homeland Security (DHS) in the case brought by the Chamber of Commerce and the Association of American Universities. The plaintiffs contested the presidential proclamation that limited H-1B visas and imposed a $100,000 fee, claiming it was unlawful. The court determined that the President acted within the authority granted by Congress under immigration statutes, resulting in a denial of the plaintiffs’ motion and approval of the defendants’ cross-motion for summary judgment. (Chamber of Commerce v. DHS, 12/23/25)
Department of State Halts Diversity Visa Issuance
The Department of State (DOS) has announced an immediate halt to the issuance of diversity immigrant visas (DV). While applicants can still submit their applications and attend scheduled interviews, DOS will not reschedule or cancel existing appointments. This action is being taken following heightened national security concerns linked to recent violent incidents involving individuals who entered the U.S. through the DV program. The pause allows the DOS to review and strengthen screening and vetting protocols to ensure that only eligible applicants who pose no threat to U.S. national security are granted visas.
Changes to the H-1B Selection Process
The Trump administration has finalized a contentious immigration regulation that significantly alters the H-1B visa selection process by prioritizing candidates in senior positions. Despite receiving around 17,000 public comments opposing the proposed changes, the Department of Homeland Security proceeded with the final rule. This rule is anticipated to disadvantage international students, aligning with long-held objectives of key administration officials. Legal challenges from business and university groups are expected in response.
H-1B visas remain a critical pathway for high-skilled foreign nationals seeking long-term employment in the U.S. Employers are mandated to pay either the actual wage or the prevailing wage for comparable U.S. professionals. A substantial proportion—approximately 70%—of full-time graduate students in AI-related fields at U.S. universities are international students. The annual cap for H-1B visas is 65,000, with an additional 20,000 available for individuals with a master’s degree or higher from a U.S. institution, representing about 0.05% of the U.S. labor force.
In fiscal year 2025, major corporations—including Amazon, Meta Platforms, Microsoft, and Google—dominantly led the approval of new H-1B petitions. Conversely, representations from Indian companies in the top ranks have diminished significantly, with only three making the top 25 employers list. Executives from TCS and LTIMindtree indicated they would not pursue new H-1B holders in the upcoming year.
Impacts of the New Immigration Rule on H-1B Lottery Outcomes
The recent regulation has led to stark changes in the likelihood of selection in the H-1B lottery. According to an analysis from the National Foundation for American Policy (NFAP), the probability of selection for Level IV candidates is projected to rise by 107%, whereas it is expected to decline by 48% for Level I candidates. Probabilities under the new rule show increases for Levels III and II as well.
Presently, all salary levels share a selection probability of 29.59%. Under the new regulation, the chances for Level I candidates would decrease to 15.29%, while Level IV candidates would gain a favorable selection chance of 61.16%. Levels III and II would also experience improvements to 45.87% and a slight increase to 30.58%, respectively.
This revised rule distinctly favors higher-salaried positions, while those in lower-paid roles, not-for-profit sectors, and entry-level positions face diminished chances of selection. Notably, the $100,000 fee applies solely to new H-1B applicants applying from outside the U.S.; it does not affect applicants maintaining lawful status within the country, such as those in F-1 status.
We encourage our readers to stay informed about these developments as the immigration landscape continues to evolve.