Bill Introduced to Cancel the H-1B Program
Rep Marjorie Taylor Greene of Georgia, while in her final days of office, has introduced Bill H.R. 6937 to aggressively phase out the H-1B visa. At this time, the text summarizing the bill has not been released on Congress.gov.
The Bill is titled “To amend the Immigration and Nationality Act to eliminate the H-1B program, and for other purposes.” It was introduced on January 2, 2026, to the House Judiciary, House Energy and Commerce, and House Ways and Means Committees for their review.
While the language of the Bill has not been released at this time, Rep Greene’s prior statements surrounding the Bill reveal her desire for the rapid phasing out of the H-1B program, with possible limited exceptions concerning medical professionals.
The H-1B program has experienced critical changes in the last few months, specifically concerning the new $100,000 fee, changes to the weighing of the lottery, and delays to consular processing times in certain countries (particularly India). However, the route to this Bill becoming a law faces much uncertainty.
Recent Changes to the H-1B Visa Program
$100,000 Fee on New H-1B Petitions Filed Outside the U.S.
The Trump administration has introduced a sweeping new cost for employment-based immigration by imposing a $100,000 fee on certain H-1B visa petitions, marking a sharp departure from the program’s traditional fee structure. The policy primarily targets new H-1B petitions for workers applying from outside the U.S., significantly raising the financial threshold for U.S. employers seeking to hire foreign talent. While most extensions, renewals, and changes of employer for individuals already in the U.S. are generally exempt, the rule is widely viewed as a deterrent to recruiting overseas professionals. Framed as part of a broader effort to protect domestic labor and reduce reliance on foreign workers, the fee has generated substantial backlash from the business community and has become the subject of intense legal scrutiny, with critics arguing that it exceeds executive authority and risks undermining U.S. competitiveness in global talent markets.
The federal district court in Washington D.C. has upheld a presidential proclamation imposing the $100,000 fee on certain H-1B visa applicants, concluding that the president acted within the broad authority granted under Section 212(f) of the Immigration and Nationality Act. The ruling does not resolve all legal questions surrounding the fee, as additional lawsuits remain pending in other courts and the Chamber of Commerce has indicated it will appeal the decision. As a result, the legal landscape governing the $100,000 H-1B fee remains subject to further judicial review.
Wage-Based Selection Rule for H-1B Lottery
The U.S. Department of Homeland Security (DHS) published a final rule in the Federal Register on December 29, 2025, formally reshaping how H-1B visas are allocated by prioritizing higher-skilled and higher-paid foreign workers. The rule replaces the long-standing random lottery system with a weighted selection process that favors positions requiring greater levels of education, experience, and compensation. It follows a notice of proposed rulemaking issued on September 24, 2025, titled Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.
Under the new framework, each H-1B registration receives a number of entries based on the wage level assigned under the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) system. Positions classified at Wage Level IV receive four entries, Level III receive three, Level II receive two, and Level I receive one, increasing the likelihood of selection for higher-paid and more senior roles. While entry-level positions remain eligible, they are expected to have comparatively lower chances of selection.
With the rule now finalized, employers are expected to take a more strategic approach to H-1B planning. This includes carefully aligning job classifications, wage levels, and documentation with regulatory requirements, ensuring prevailing wage compliance, and factoring potential wage increases into recruitment budgets and workforce planning. Because wage information must be submitted during the initial registration stage, employers may also need to make compensation and role-definition decisions.