Roundup: Employer resources on H-1B reforms 

On September 19, 2025, President Trump signed a proclamation to restrict the entry into the US of H-1B alien workers in specialty occupations, requiring a $100,000 payment to accompany or supplement H-1B visa petitions for new applications. Since then, implementation of the proclamation has caused confusion among employers and H-1B holders. On June 8, 2026, a federal judge struck down the $100,000 surcharge and ruled that it was an unauthorized tax that violated the Administrative Procedure Act and the Constitution. Twenty states had sued to block the fee. On June 12, the judge temporarily paused his order until June 18, while the Trump administration seeks an emergency stay from the First Circuit Court of Appeals.

On December 29, 2025, USCIS published a final rule that will replace the prior random lottery process for the selection of new H-1B visas with a system that prioritizes the allocation of visas to higher skilled and higher paid foreign workers.

To provide employers with some information about the new H-1B visa requirements and the varying aspects and issues to consider, this roundup provides links to government information, third-party analyses, news articles, and viewpoints. The aggregated content in each section is organized in reverse chronological order and is by no means comprehensive. The content also does not necessarily reflect Mercer’s or the authors’ point of view on the subject.

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