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    IMMIGRATION                                                          JANUARY 23, 2026      |  The Indian Eye 34

                  Evisceration of the H-1B

                     Visa Program Through

                                Executive Action

            BY CYRUS D. MEHTA
                                       half of beneficiaries who are   pen and without any legisla-  el IV will be entered into the   INA 212(f).
                                       outside the US. The $100,000   tion from Congress.     selection pool four times; (2)   “Defendants have the
                  he H-1B visa program   fee will not apply to H-1B                           those assigned wage level III   stronger  position,”  U.S.
                  has been eviscerated                                  DHS Finalizes
            Tthrough the promulga-     petitions  filed  on  behalf  of   H-1B ‘Weighted      will be entered into the se-  District Judge Beryl How-
                                                                                                                         ell said. “The lawfulness of
                                       beneficiaries who are already
                                                                                              lection pool three times; (3)
            tion of a final rule that would   in the US and will also be re-                  those assigned wage level II   the Proclamation and its
            prioritize the allocation of   questing a change of status to   Selection’ Rule   would be entered into the   implementation rests on a
            H-1B visas in the lottery to   H-1B from  another  nonim-    n   December    23,  selection pool two times; and   straightforward reading of
            those who are higher skilled   migrant  status such as F-1 or   2025, the Depart-  (4) those assigned wage level   congressional statutes giving
            and higher paid and through   J-1.  This executive order was  Oment of Homeland   I will be entered into the se-  the President broad authori-
            executive action. Relatedly,   recently upheld by a federal   Security  (DHS)  announced   lection pool one time. Each   ty to regulate entry into the
            President  Trump  issued an   district court.  These com-  a  final  rule  implementing  a   unique  beneficiary  will  only   United States for immigrants
            executive order that would   bined actions have radically   weighted selection process   be counted once toward the   and nonimmigrants alike.”
            impose a $100,000 fee on   changed  the  H-1B  visa  pro-  that  generally  favors  the  al-  numerical allocation projec-  Judge  Howell noted,
            H-1B  petitions  filed  on  be-
                                       gram through the stroke of a   location of H-1B visas to   tions regardless of how many   “To be clear, this decision in
                                                                      those who are, in the   registrations were submitted   favor of defendants is not to
                                                                      administration’s  view,  for  that  beneficiary  or  how   dismiss or discount the past
                                                                      “higher-skilled and high-  many times the beneficiary is   and ongoing contributions of
                                                                      er-paid.” The rule gov-  entered in the selection pool,   H-1B workers to the Amer-
                                                                      erns the process by which   DHS said. The new final rule   ican economy that plaintiffs
                                                                      U.S. Citizenship and    is expected to make it signifi-  highlight. Important as those
                                                                      Immigration   Services  cantly less likely that compa-  contributions may be, the
                                                                      (USCIS) selects H-1B    nies will hire international   effects of the H-1B program
                                                                      registrations for unique   students when they graduate   on the American economy
                                                                      beneficiaries for filing of   from U.S. universities.  or national security, whether
                                                                      H-1B  cap-subject  peti-   The final rule,  published   positive or negative, are sim-
                                                                      tions (or H-1B petitions   on December 29, 2025, is ef-  ply not at issue in this case.
                                                                      for any year in which the   fective February 27, 2026,   The Supreme Court has long
                                                                      registration requirement   and will be in place for the   maintained that matters of
                                                                      is suspended). DHS re-  Fiscal Year 2027 H-1B cap   economic and foreign poli-
                                                                      ceived 17,000 comments   registration season.      cy are generally entrusted to
                                                                      and made no changes          District Court        the political branches of gov-
                                                                      from the proposed rule.                            ernment and ‘rarely proper
                                                                      Court challenges are ex-  Rules Against Plaintiffs   subjects for judicial interven-
                                                                      pected to follow.         in $100,000 H-1B         tion.’ ”
                                                                          Under   the   new   Fee Lawsuit, Plaintiffs        The plaintiff groups,
                         m of                                         process, instead of a           Appeal             the US Chamber of Com-
              CYRUS D. MEHTA & PARTNERS PLLC                          random  lottery,  regis-   n Chamber of Commerce   merce and the Association
                                                                      trations for unique ben-
                                                                                                                         of American Universities,
                                                                                                 eficiaries  or  petitions   v. Department of Home-  have sought expedited re-

                 will be assigned to the  Iland Security, a district   view in the DC Circuit Court
                                                                      relevant Occupational   court has ruled in favor of   of Appeals. The groups said

                        Employment and Wage   the Department of Home-  in their emergency consent
                                                                      Statistics wage level and   land Security (DHS), finding   motion to expedite appeal

                                                                      entered into the selec-  that imposition of a $100,000   that neither section of the
                                                                      tion pool as follows: (1)   fee for new H-1B applica-  Immigration and Nationality
                                                                      registrations for unique   tions and related actions   Act that Trump cited in his
              2              6th Floor                                beneficiaries  or  peti-  were legal under a Presiden-  proclamation that imposed
                                                                      tions assigned wage lev-  tial Proclamation pursuant to   the  hefty  fee  for  the  H-1B

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