DHS Proposes Weighted H-1B Lottery
On September 24, 2025, DHS released a proposed rule that would change how the H-1B lottery is conducted. Instead of treating every registration equally, the system would give additional weight to higher wage levels:
• Level IV = 4 entries
• Level III = 3 entries
• Level II = 2 entries
• Level I = 1 entry
This shift is designed to discourage multiple registrations for the same individual and to prioritize higher-paid positions. The rule is not yet in effect. If adopted, the changes could apply as early as the FY2026 cap season.
Presidential Proclamation and State Department FAQ
On September 19, 2025, the White House issued a proclamation affecting certain H-1B applicants abroad. The measure applies to new petitions filed on or after September 21, 2025, and in some cases requires a supplemental $100,000 fee before a visa can be issued. The proclamation does not apply to individuals who already hold valid H-1B visas or whose petitions were filed or approved before September 21. It also does not block all H-1B travel, but it may restrict visa issuance and entry for workers from designated countries identified as national security or labor market risks.
The Department of State has issued an FAQ to address questions left unanswered by the initial proclamation. The FAQ explains:
• Which applicants are subject to the $100,000 supplemental fee and who may be exempt
• When National Interest Exceptions (NIEs) may apply
• Circumstances where interview waivers can be used
• How consulates are handling appointment availability under the new rules
This guidance provides practical details for both employers and workers navigating consular processing or international travel under H-1B status. Applicants should expect some variation as consulates implement the policy.
DOL Enforcement Initiative: Project Firewall
Also on September 19, 2025, the Department of Labor launched Project Firewall, a new enforcement campaign aimed at H-1B compliance. The initiative focuses on:
• Reviewing Labor Condition Applications (LCAs) and public access files
• Conducting site visits to confirm work locations and job duties
• Investigating wage levels and potential misclassifications
Consequences for violations may include repayment of back wages, civil fines, or, in serious cases, suspension from participating in the H-1B program. DOL has indicated it will coordinate more closely with other federal agencies, signaling a stronger compliance environment than in prior years.
Adapting to Today’s Immigration Challenges
These updates show a coordinated federal effort to increase oversight of the H-1B program. DHS is considering changes to the lottery process, the State Department has clarified how a new proclamation will affect visa issuance, and DOL has begun an enforcement initiative focused on employer compliance.
At Heckler Law Group, we know that immigration is not “one-size-fits-all.” With backlogs, denials, and shifting policies, many families and professionals need strategies that go beyond the standard process. In addition to employment-based and family petitions, we also assist with:
• Expedited Options – EB-1 and National Interest Waiver (NIW) petitions, which may help certain applicants move ahead of long backlogs.
• Complex Matters – Motions to Reopen or Reconsider (MTRs), appeals, and re-filings for cases that were previously denied or mishandled.
• Humanitarian Relief – Requests based on urgent or exceptional circumstances, including certain waivers and discretionary applications.
Consult with an Attorney
If your organization employs H-1B workers, or if you are an H-1B beneficiary impacted by these changes, we encourage you to consult with legal counsel to discuss compliance strategies and next steps. Every case is different, and immigration agencies review applications based on individual facts. We’re not able to provide individualized advice by email, but for guidance tailored to your circumstances, you can schedule a consultation with our office.