Over the past few weeks in Fall 2025, the U.S. immigration system, especially the rules governing high-skilled foreign workers and international students has begun to shift significantly. If you represent tech companies, universities, or non-US residents hoping to work or study in the U.S., these are changes that you should be following closely. Below is a breakdown of what is public as of now, the risks, and how things might evolve.
What’s Actually Happening
1. $100,000 Fee on New H-1B Petitions
A presidential proclamation (effective September 21, 2025) imposes a $100,000 one-time payment on new H-1B visa petitions filed by U.S. employers for foreign specialty-occupation workers who are outside the U.S. at the time of petitioning.
Key clarifications:
- It applies only to new visa petitions, not renewals of H-1B status already held, or to persons who already have H-1B visas.
- The purpose, as stated by the administration, is to discourage perceived abuses of the program, particularly cases where employers bring in foreign workers in specialty roles to reduce labor costs or replace U.S. workers.
- There is discretion for exemptions if employing certain H-1B workers is determined to be in the national interest.
2. Optional Practical Training (OPT) Under Threat
The OPT program (which allows F-1 students to work temporarily after completing their degree) is facing growing scrutiny. There are bills filed in Congress that would eliminate OPT unless Congress explicitly re-authorizes it.
Some of the arguments made in favor of ending or curbing OPT include allegations that OPT is being used to bypass caps on H-1B visas or to hire cheaper labor under the guise of student training. Critics of ending it warn that doing so could substantially damage the U.S.’s attractiveness to international students, particularly in STEM fields.
3. “Duration of Status” (D/S) Proposal for F, J Visitors
Separate but related, the Department of Homeland Security has proposed ending “duration of status” for F and J nonimmigrants (students and exchange visitors). Under the proposal, these visas would have fixed end dates on the Form I-94 rather than allowing duration tied to their program’s length or graduation status.
The proposal also includes changes such as requiring formal extension applications, shortening grace periods, and limiting program changes.
4. Legislative Activity: American Tech Workforce Act
Some media outlets have described a proposed bill known as the American Tech Workforce Act, which purports to make sweeping changes: eliminating the H-1B lottery, raising wage floors, restricting third-party site employment, and ending OPT. While these proposals are being reported, it is not yet verified that this exact set of reforms has passed or is law. There are also counter reports and skepticism about how feasible parts of it are.
What’s True vs. What’s Alleged
Because the situation is evolving very quickly, here are things to treat as possible or proposed, not settled law:
- The $100,000 fee is in effect for new H-1B petitions for individuals abroad; but many provisions reported in media (e.g. eliminating the H-1B lottery, wage floors as high as $150,000, wholesale ending of OPT) are as yet reported in some sources but not fully confirmed in legislation or rulemaking that is finalized.
- The case for ending OPT is strong among some legislative actors, but OPT has long been institutionalized, and there is significant resistance from higher education institutions, student bodies, and industry stakeholders.
- Regulatory proposals (like D/S replacement) still need full public comment periods, possible litigation, and implementation phases; they’re not immediate law.
Implications for Applicants & Strategy
Given what is known and what is likely to materialize, here are some things your firm should be doing now:
- Audit existing and near-term H-1B petition plans: If you or your clients are planning to hire people from outside the U.S., factor in the new $100,000 cost; budget accordingly, because for some employers (especially smaller ones) this could materially affect whether an overseas hire is financially feasible.
- Consider immigration timing: For students in F-1 status or recent grads using OPT, advise them about potential changes so that they may accelerate or adjust their plans (e.g. job offers, visa applications) before new rules take effect or snap into place.
- Monitor congressional and regulatory developments carefully: Since proposals might change (language, effective dates, carve-outs, legal challenges), staying ahead of the text is essential. What is proposed now may not be what ends up being the law.
- Risk management and communications: Employers should assess how vulnerable they might be to increased scrutiny. Changes to the program (and particularly fee structures or replacement scenarios) might bring more audits, more litigation, or more compliance burdens.
Bottom Line
- The U.S. is clearly moving toward tighter requirements for high-skilled work visas and post-study work options.
- The $100,000 fee for new H-1B petitions for individuals abroad is already in place by proclamation.
- OPT, D/S and other long-standing pathways are under threat though not yet dismantled.
- Because these shifts affect both employers and individuals, law firms should treat this period as one of high uncertainty and high potential risk.