The second Trump administration has implemented several policy
and regulatory changes in its first year designed to make the H-1B
non-immigrant employment category less desirable and useful to
employers. These changes affect the annual CAP process, the method
by which H-1B visa application registrations are selected, employer
compliance obligations, wage requirements, and the feasibility of
sponsoring workers who are outside the United States. Will this
result in a smaller H-1B CAP registration pool for FY2027, possibly
in no lottery at all? Further, what increased scrutiny are
employers facing?
First, the September 19, 2025, Presidential Proclamation,
Restriction on Entry of Certain Nonimmigrant Workers,
established a $100,000 non-refundable required payment as a
condition of eligibility for those outside of the United States to
be eligible for an H-1B visa or grant of status at a consulate,
port of entry, or pre-flight inspection outside of the US.
