Institutions of higher education (IHEs) have long relied on the H1-B visa program to attract top international talent, particularly for specialized academic, research, and STEM roles that are difficult to fill domestically. As U.S. immigration policy continues to evolve, however, IHEs face new challenges in recruiting and retaining H1-B visa holders. A recent proclamation by the Trump administration, which significantly increases H1-B petition costs, adds a new layer of financial and administrative pressure, and may significantly affect how IHEs structure and budget for international hiring going forward.
This article provides an overview of the proposed changes to the H1-B visa program, explores their potential impact on IHEs, and offers practical strategies for IHEs navigating this evolving regulatory environment.
Overview of Proposed Changes to the H1-B Program
The Department of Homeland Security (DHS) has included in its regulatory agenda notice of a proposed rule, Reforming the H-1B Nonimmigrant Visa Classification. The notice explains that DHS is planning to reform the H1-B visa program by “revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements.” DHS has identified December 2025 as the anticipated publication date for the proposed rule.
In the interim, on September 19, 2025, President Trump signed a proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which substantially raises the cost of H-1B visa petitions. Specifically, the proclamation requires a $100,000 payment to accompany H1-B visa petitions submitted after September 21, 2025, including those for the 2026 lottery. In frequently asked questions published by U.S. Citizenship and Immigration Services (USCIS) related to the proclamation, USCIS reiterated that this fee is just the beginning of changes to the H1-B visa program, noting that further reform is “under consideration and will be announced in the coming months.” The full FAQ can be found at https://www.uscis.gov/newsroom/alerts/h-1b-faq.
Several higher education groups have already filed suit to challenge the president’s proclamation, alleging that it is based on multiple errors of fact and that the new $100,000 fee is “unprecedented” and “unjustified.” Further reform of the H1-B visa program in the coming months is likely to be met with similar legal challenges.
Implications for IHEs
For IHEs, changes to the H1-B visa program and increased costs affiliated with the recruitment of H1-B visa holders could significantly affect the likelihood of attracting and retaining international faculty and researchers. Potential consequences include:
- Budgetary Impact: Increased filing costs may require reallocation of institutional resources or adjustments to salary offers
- Recruitment Delays: Enhanced scrutiny by USCIS is anticipated in connection with reform of the program, including more frequent Requests for Evidence (RFEs), which could extend timelines
- Administrative Burden: Heightened compliance requirements may increase the internal workload of human resources and legal departments
Together, these factors may impact workforce planning, particularly for research-driven institutions that depend heavily on global talent.
Strategies for Institutions of Higher Education
To successfully navigate these changes, IHEs may consider:
- Planning Early: Start planning for visa petitions well in advance to accommodate possible longer processing times and potential RFEs
- Adjusting Budgets: Assess how increased fees may need to be factored into hiring budgets and explore financial planning to offset costs
- Engaging Legal Counsel: Coordinate with immigration counsel to ensure compliance with any changes to the H1-B visa program
- Monitoring Developments: Stay informed of regulatory updates, as this is a developing area of law, and further changes and legal challenges are likely to follow
As H-1B visa regulations continue to evolve, IHEs will be forced to adapt. Proactive planning, strategic resource allocation, and consultation with legal counsel will be essential to overcome these new barriers and continue fostering academic excellence.
IHEs with questions relating to hiring practices or with compliance concerns more generally are invited to contact the authors of this article or any other attorney in Venable’s Labor and Employment Group.