H-1B FAQ
9/21/2025
Action Summary
- Purpose: Reform the H-1B visa program to curb abuses and protect American workers through an incremental set of measures.
- Fee Requirement: Imposes a one-time payment of $100,000 for any new H-1B visa petitions filed after 12:01 a.m. EDT on September 21, 2025, including the 2026 lottery.
- Implementation Coordination: Directs the Department of Homeland Security and the Department of State to coordinate necessary actions, with guidance already issued by U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection.
- Exemptions: Does not affect previously issued H-1B visas, petitions submitted before the effective date, or the payment structure for H-1B renewals; current H-1B visa holders retain travel privileges.
- Planned Reforms: Future rulemaking actions include:
- Department of Labor: To revise and raise prevailing wage levels for H-1B petitions to ensure recruitment of highly skilled workers.
- Department of Homeland Security: To prioritize high-skilled, high-paid applicants in the H-1B lottery process.
- Additional Measures: Further reforms under consideration will be announced in the coming months.
Risks & Considerations
- The Proclamation introduces a significant financial burden on new H-1B visa petitions with a $100,000 fee, which could deter potential international faculty and researchers from applying to Vanderbilt University. This may impact the university’s ability to attract top international talent.
- The focus on prioritizing high-skilled, high-paid workers in the H-1B lottery could lead to increased competition for these visas, potentially limiting the diversity of skills and backgrounds among international staff and students at Vanderbilt.
- Changes in prevailing wage levels could increase the cost of hiring international workers, affecting budget allocations for departments that rely heavily on international expertise.
- While the Proclamation does not affect current H-1B visa holders, future reforms could introduce uncertainties for international staff and students, impacting their long-term planning and stability at the university.
Impacted Programs
- Vanderbilt’s International Student and Scholar Services (ISSS) will need to provide updated guidance and support to international students and staff navigating these changes.
- The Office of Human Resources may need to adjust recruitment strategies to accommodate the new financial and regulatory landscape for hiring international employees.
- Academic departments that rely on international faculty and researchers may need to reassess their hiring practices and budget allocations to align with the new H-1B requirements.
Financial Impact
- The $100,000 fee for new H-1B petitions represents a substantial financial commitment, potentially affecting departmental budgets and the overall financial planning of the university.
- Increased wage requirements for H-1B workers could lead to higher salary expenses, impacting financial resources available for other university initiatives.
- Potential reductions in the diversity of international staff and students could affect the university’s global reputation and its ability to attract international partnerships and collaborations.
Relevance Score: 4 (The Proclamation presents high risks involving major transformations in hiring practices and financial commitments for international staff and students.)
Key Actions
- Vanderbilt’s Office of International Student and Scholar Services should prepare to assist international students and scholars with understanding the new $100,000 fee requirement for new H-1B visa petitions. This includes providing guidance on financial planning and potential funding sources to cover this cost.
- The Office of Federal Relations should engage with policymakers to advocate for the interests of international scholars and researchers, emphasizing the importance of maintaining a diverse and skilled workforce at Vanderbilt.
- Vanderbilt’s Human Resources should review and potentially adjust hiring practices to accommodate the new H-1B visa requirements, ensuring compliance and exploring alternative visa options for hiring international talent.
- The Department of Economics could conduct research on the economic impact of the new H-1B visa fee and wage level changes, providing insights that could inform university policy and advocacy efforts.
- Vanderbilt’s Career Center should offer workshops and resources for international students to explore alternative career pathways and visa options in light of the new H-1B regulations.
Opportunities
- The new H-1B visa reforms present an opportunity for Vanderbilt’s Law School to develop specialized courses or clinics focused on immigration law, particularly in relation to employment visas, which could attract students interested in this evolving legal field.
- Vanderbilt can leverage its expertise in STEM fields to attract high-skilled, high-paid international talent, aligning with the new prioritization in the H-1B lottery process.
- The university can enhance its reputation as a leader in international education by hosting conferences or forums on the implications of H-1B visa reforms, engaging with policymakers, industry leaders, and academic experts.
Relevance Score: 4 (The Proclamation necessitates major process changes in how Vanderbilt manages international hiring and support for international students and scholars.)
Timeline for Implementation
Effective Date: 12:01 a.m. EDT on September 21, 2025, for the new H-1B visa petition fee requirement.
Additional reforms and rulemakings are indicated to occur in the coming months but do not include specific deadlines.
Relevance Score: 5
Impacted Government Organizations
- Department of Homeland Security (DHS): DHS is authorized to coordinate with the Department of State to implement the Proclamation and is also involved in forthcoming rulemaking to prioritize high-skilled, high-paid H-1B applicants.
- Department of State (DOS): The DOS is tasked with disseminating guidance to consular offices and working alongside DHS to enforce the new H-1B visa petition requirement.
- U.S. Citizenship and Immigration Services (USCIS): USCIS has issued guidance in response to the Proclamation regarding the revised H-1B visa petition process.
- U.S. Customs and Border Protection (CBP): CBP has provided guidance to align with the changes introduced by the Proclamation, ensuring border-related processes are updated accordingly.
- Department of Labor (DOL): The DOL is set to conduct rulemaking to revise prevailing wage levels for the H-1B program, thereby enhancing the program’s focus on hiring top-tier temporary foreign workers.
Relevance Score: 2 (Between three and five federal agencies are directly impacted by the Proclamation.)
Responsible Officials
- Department of Homeland Security – Coordinating necessary actions to implement the Proclamation, including issuing related rulemakings for prioritizing high-skilled, high-paid aliens in the H-1B lottery.
- Department of State – Collaborating with DHS to ensure that consular offices apply the Proclamation’s directives, including processing new H-1B visa petitions accompanied by the mandated payment.
- Department of Labor – Responsible for rulemaking to revise and raise prevailing wage levels in the H-1B program.
- U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection – Tasked with issuing guidance to implement the payment and procedural requirements of the Proclamation.
Relevance Score: 5 (Directives affect Cabinet-level officials responsible for national immigration policy.)