Next Trump H1B Rule: Beyond the Fee — Inside the Structural Re-Engineering of America’s High-Skill Visa Program

The 2025 Trump administration’s new H-1B proposal goes far beyond the headline fee. President Trump issued a proclamation introducing the new rule and a $100,000 fee for H-1B visa applications. The White House has played a central role in advancing these H-1B visa program reforms, with administration officials actively working to revise regulations and enforce stricter oversight. The proposal introduces a wage-weighted lottery, stricter “specialty occupation” tests, expanded site-visit powers, and tighter cap-exempt criteria that could reshape how U.S. employers hire global talent.

Additionally, the Trump administration plans to publish a new H-1B rule expected to propose additional immigration restrictions. Domestic law enforcement agencies have identified visa fraud and other illicit activities related to the H-1B program, further justifying the administration’s push for stricter oversight. H-1B visas have a long legislative and policy history, with ongoing debates about their impact on U.S. workers and industries. To bolster these efforts, the Department of Labor has launched “Project Firewall” to strengthen enforcement of the H-1B program.

1. The Regulatory Context and Why It Matters

The H-1B program remains the primary channel for foreign professionals to work long-term in the United States and eventually obtain a green card. The H-1B nonimmigrant visa program was created to bring temporary workers into the U.S. to perform high-skilled functions. Each year, the U.S. Citizenship and Immigration Services (USCIS) manages an annual cap of 85,000 new visas (65,000 regular + 20,000 U.S. master’s degree exemption). However, the program has been alleged to be exploited to replace American workers with lower-paid foreign workers, raising concerns about its impact on the domestic workforce. The program requirements, including the specialty occupation definition, are central to determining which jobs and applicants qualify for H-1B visas and are frequently scrutinized in reform efforts. American IT workers have faced layoffs while companies hired H-1B workers, suggesting displacement of American jobs. The information technology sector, in particular, relies heavily on high skilled labor, making it a focal point in debates over the H-1B program.

The Trump administration’s proposed rule, Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions (DHS Docket No. USCIS-2025-0040, RIN 1615-AD01, 90 FR 45986), was published in the Federal Register on September 24, 2025. It proposes a fundamental shift from random lottery to wage-based selection, rewarding higher salary offers and deterring bulk low-wage registrations. The new system is intended to protect workers wages by prioritizing higher-paying positions and discouraging the use of H-1B visas to undercut U.S. labor standards. A new $100,000 fee will apply to many H-1B petitions filed after September 21, 2025, significantly impacting the process of filing an H-1B petition.

The proposal builds on the December 2024 final rule titled Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program and Program Improvements (DHS Docket No. USCIS-2023-0005, 89 FR 54311) on the Federal Register and docketed on Regulations.gov. That final rule modernized definitions of “specialty occupation,” codified site-visit authority, and revised employer control standards.

2. Wage-Weighted Selection Replaces the Random Lottery

Under the proposal, each H-1B registration would receive a weight based on the offered prevailing wage level as defined by the Department of Labor (DOL Foreign Labor Certification).

Employers set these levels through DOL’s OFLC Online Wage Library. Weighted selection ties odds to wages rather than luck, intended to “protect U.S. workers and prioritize high-skilled employment.” The H-1B program was originally designed to attract the best temporary foreign workers to fill specialized roles that could not be filled by the domestic workforce.

Critics warn that it could sideline startups, rural employers, and entry-level STEM graduates who cannot command top wages. Still, DHS argues it will reduce fraudulent mass registrations and restore program integrity. The new $100,000 fee is anticipated to deter many companies, particularly startups and universities, from filing new H-1B applications, as these requirements may result in higher costs for employers. High levels of competition from H-1B workers can also lead to increased unemployment rates among U.S. college graduates in specific fields like computer science, further fueling the debate over the program’s fairness. Foreign STEM workers account for a growing percentage of the workforce in technology roles, influencing job competition for U.S. graduates. The H-1B visa program is frequently used to bring in temporary foreign workers for high-skilled roles in STEM fields.

3. Redefining “Specialty Occupation”

USCIS’s current definition of a specialty occupation (see USCIS H-1B Specialty Occupations) requires a specific bachelor’s degree or higher in a field directly related to the position, often referred to as a directly related specific specialty. The new proposal tightens this standard by demanding a clear, documented connection between degree and duties. There must be a logical connection between the applicant’s degree and the job duties to meet the specialty occupation definition. Additionally, the Department of Labor is directed to revise and increase prevailing wage levels for H-1B workers to ensure they are hired at market rates, aligning with the administration’s broader goals of protecting U.S. workers.

Example:

• A software developer with a physics degree may qualify if the role involves computational modeling.
• A marketing analyst with an MBA might not, unless the job explicitly requires MBA-level quantitative skills.

Employers must provide detailed evidence of degree-to-duty alignment and support letters from industry experts. This reflects the Trump administration’s stated goal of curbing “generic business” designations under the H-1B.

4. Cap-Exempt Employers and Stricter Oversight

Some employers are cap-exempt — universities, nonprofit research entities, and government research organizations — as described in USCIS Cap Exemptions Based on Relation or Affiliation.

The 2024 modernization rule expanded eligibility to off-site work if at least half of the employee’s duties further the institution’s mission. The new proposal narrows this flexibility by requiring proof that: The proclamation includes a national interest waiver, allowing the Department of Homeland Security to grant case-by-case exemptions to the new fee. In addition to these changes, other provisions of the rule introduce enhanced oversight and stricter eligibility requirements for cap-exempt employers.

• The beneficiary’s work fundamentally furthers the institution’s nonprofit or educational purpose.
• The role is not primarily commercial.
• The organization retains direct supervisory control.

Hybrid entities with commercial contracts must produce documentary evidence of mission alignment and organizational oversight. Expect more Requests for Evidence (RFEs) and denials for marginal cases. Approved petitions filed prior to the effective date of the new rule will remain valid and are not affected by these changes.

The views expressed in this section do not represent those of any specific organizations or their respective affiliates.

5. Employer Definitions and Founder-Led Startups

The modernization final rule codified the definition of “United States employer,” requiring a legal entity with a valid FEIN, authority to hire/fire, and the ability to pay the required wage (see USCIS H-1B Program Overview for DOL’s parallel criteria). In future rule iterations, companies that have violated program requirements may face additional scrutiny, and the administration may restrict decisions for employers with compliance issues.

For beneficiary-owned startups:

Founders can self-petition only if another party (e.g., board of directors or investor) exercises control over employment decisions. Future Trump rule iterations may tighten that further by limiting extensions for companies that fail to demonstrate sustained growth or independent governance.

Key point:

H-1B founder petitions remain viable but must reflect real operational substance — not shell entities formed to obtain status. Academic research links visa denials to lost innovation, with findings that reduced research and development spending leads to a decline in patent output, underscoring the potential long-term consequences of restrictive immigration policies on technological advancement.

6. Third-Party Placements Under Scrutiny

USCIS has long battled misuse of third-party placement arrangements. The new proposals would reintroduce a narrower view of what constitutes a valid “employer–employee relationship.” Under USCIS Electronic Registration Process guidance, end-clients must now justify their own degree requirements, not merely the petitioner’s. For third-party placements, a valid H-1B petition is required, and H-1B workers must perform services strictly in accordance with the terms specified in the petition.

To further clarify compliance requirements for third-party placements, USCIS or DHS may issue guidance to ensure all parties understand and adhere to the updated regulations.

Key implications:

• If the client’s job posting doesn’t specify a qualifying degree, petitions may be denied.
• Contracts, Statements of Work, and timesheets must align with H-1B specialty criteria.
• Approval periods for offsite workers could again be shortened to one year.

This could heavily impact IT consulting and staffing firms, reviving restrictions similar to the 2018 “Contracts and Itineraries” memo that courts later struck down. A 2018 memo under the Trump administration imposed new restrictions on H-1B visa holders working at customer locations.

7. Site-Visit Enforcement and FDNS Authority

Under the modernization final rule, USCIS’s Fraud Detection and National Security Directorate (FDNS) has explicit power to conduct unannounced site inspections.

Employers must cooperate or risk immediate revocation. Officers can:

• Inspect physical workplaces.
• Interview supervisors and employees.
• Verify payroll records and duties.

The Trump proposal expands FDNS discretion to target employers with high-volume filings or compliance histories. Expect increased inspection frequency and coordination with DHS investigators. These enforcement actions are part of broader border protection measures aimed at regulating the entry of H-1B visa holders and ensuring compliance with recent immigration policy changes.

Best practice: maintain a compliance binder on-site with the petition, Labor Condition Application, payroll, and contracts ready for inspection.

8. Integrity Rules and Fraud Prevention

Fraudulent or duplicate registrations exploded under prior systems. According to USCIS data, FY 2025 saw over 780,000 registrations for about 120,000 unique beneficiaries. Reports indicated that the high number of low-wage workers under the H-1B program has undercut the integrity of the program. The new rules are specifically designed to prevent misuse of the H-1B program by increasing oversight and accountability. Additionally, the integrity provisions include restrictions on the entry of certain nonimmigrant workers, particularly those in specialty occupations, to address concerns about program abuse. Research suggests that restricting high-skilled immigration may compel companies to shift operations overseas, limiting domestic job growth and innovation. Studies find that firms heavily dependent on H-1B hiring raised their overseas employment by 27% more than less-dependent firms.

The proposed integrity provisions will require:

• Disclosure of affiliated entities filing for the same beneficiary.
• Certification of wage-level accuracy (cross-checked via DOL H-1B Program Overview).
• Debarment of employers with “patterns of misuse.”

DHS’s press release on H-1B modernization confirms that enforcement now integrates multiple agencies, linking USCIS, DOL, and the Department of State data systems for cross-validation. These enforcement efforts have a direct impact on nonimmigrant workers, with a particular focus on certain nonimmigrant workers such as H-1B visa holders, as the new rules aim to ensure only legitimate entries and prevent abuse of the system.

9. Legal Landscape After Loper Bright

Following the Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo, courts no longer automatically defer to agencies. DHS now must demonstrate statutory authority and rational analysis for its H-1B regulations under the Administrative Procedure Act (APA). Changes to the H-1B program may face legal challenges, as previous reforms by the Trump administration were blocked by federal courts.

• Plaintiffs may challenge wage-based weighting as inconsistent with the Immigration and Nationality Act’s random-selection premise.
• Agencies must rely on concrete wage data from the Foreign Labor Certification Data Center to justify methodology.
• Courts could invalidate overly expansive interpretations that exceed congressional intent.

This precedent ensures more judicial scrutiny of future Trump administration immigration rules.

10. Economic and Workforce Impacts

Winners

• Employers offering Wage Levels 3–4 in specialized STEM fields.
• Large companies and research institutions with robust compliance capacity.
• Senior or niche experts with high compensation packages. Foreign STEM workers account for approximately 30% to 50% of the aggregate productivity growth in the United States between 1990 and 2010.

Losers

• Startups and nonprofits unable to compete on wages.
• Entry-level F-1 graduates hoping to transition under OPT or STEM-OPT.
• Consulting firms relying on third-party placement models.

According to DOL Foreign Labor Certification data, demand for Level 1–2 wages represents nearly 60% of all H-1B filings. A shift to wage-weighted selection would dramatically alter access for early-career professionals.

11. Timeline and Implementation Outlook

Note: The effective date for the Modernization Final Rule is Jan 17, 2025 (Eastern Daylight Time). All new requirements and policies outlined in the proclamation will be implemented starting from this effective date.

Stakeholders can comment electronically at Regulations.gov referencing the docket above.

12. Employer Compliance Checklist

1. Audit all H-1B roles for wage levels and documentation.
2. Align LCAs, job descriptions, and employment contracts.
3. Justify degree-to-duty relationships using expert statements.
4. Verify cap-exempt status through nonprofit mission evidence.
5. Prepare for unannounced FDNS site visits.
6. Train HR teams to respond and document compliance.
7. Diversify immigration pathways: O-1A, EB-2 NIW, L-1, TN.
8. Engage counsel before registration to reduce exposure.

13. Conclusion: A Structural Realignment

The proposed rule marks a strategic pivot. Wage-weighted selection, heightened oversight, and strict specialty criteria will transform H-1B from an access-driven lottery to a merit-documented competition. For employers and foreign talent alike, preparation and legal precision will decide who thrives in this new era of compliance and scrutiny.

Frequently Asked Questions: Trump’s Proposed H-1B Visa Rules (Beyond the $100K Fee)

What are the main changes in Trump’s proposed H-1B rules beyond the $100,000 fee?The proposed regulations aim to reform the H-1B program by introducing a wage-based selection system, tightening the definition of specialty occupation, imposing greater scrutiny on third-party placements, limiting the validity of certain petitions, redefining cap-exempt eligibility, and enhancing site visit enforcement.

What is the proposed weighted or wage-based H-1B selection system?The current random lottery could be replaced by a weighted selection process where petitions offering higher wages or positions in higher wage levels receive more chances of selection. Lower-wage petitions remain eligible but will have lower odds of selection.

Will this new wage-based system eliminate entry-level or lower-paid H-1B workers?No, but it will make selection less likely for those positions. The new system prioritizes high-skill, high-wage roles to favor employers offering competitive pay, which could effectively phase out many Level 1 and Level 2 wage positions.

What changes are being proposed for cap-exempt organizations?The Department of Homeland Security (DHS) plans to tighten eligibility for cap-exempt status, requiring stronger proof that a job directly supports a fundamental activity of a qualifying nonprofit, government research entity, or university. Time-based thresholds (such as working at least 50% for a cap-exempt institution) could become stricter.

How will the definition of a “specialty occupation” change?Under the proposed rule, a “specialty occupation” must require a degree directly related to the duties of the position, not just “generally related.” This means employers must demonstrate a logical, field-specific connection between the employee’s degree and job duties.

What are the new expectations for H-1B job offers?Employers must show that job offers are bona fide—real, ongoing positions requiring specialized knowledge. DHS may require contracts, internal memos, and organizational charts to confirm that the job is legitimate and not speculative.

How do the new rules affect third-party or client-site H-1B placements?H-1B petitions involving work at third-party sites will face heightened scrutiny. USCIS will evaluate whether the client’s requirements, not just the petitioner’s, qualify as a specialty occupation. The client must have clear degree requirements and defined duties matching the H-1B category.

Can an H-1B worker still be employed through a consulting or staffing company?Yes, but staffing companies must provide detailed contracts, project timelines, and evidence of control over the employee. USCIS will assess whether the H-1B employer truly supervises the worker and retains the right to hire, fire, or pay.

What happens if an employer refuses a USCIS site visit under the new rules?Refusal to cooperate with an official USCIS Fraud Detection and National Security (FDNS) site visit may lead to petition denial or revocation. Employers should maintain detailed records and ensure all information provided in petitions matches on-site practices.

Are there changes to the duration or validity period of H-1B petitions?Yes. DHS may shorten approval periods for certain categories, such as beneficiary-owned companies or third-party placements, limiting them to one year or less, while maintaining standard three-year approvals for direct employer hires.

How do the new rules define a “United States employer”?The definition now requires a petitioner to have a legal U.S. presence, be amenable to service of process, and demonstrate that it controls the H-1B worker’s employment. This ensures transparency and limits speculative filings by shell entities.

Can entrepreneurs or founders still obtain H-1B status through their own companies?Yes, but the rules require proof that the founder performs specialty occupation duties most of the time and that a genuine employer-employee relationship exists (for example, oversight by a board or independent investor).

How are F-1 students affected by the proposed changes?While the Modernization Rule (effective January 17, 2025) expanded the cap-gap to cover F-1 students until April 1, 2026, the new proposals could affect which jobs qualify for sponsorship. Graduates in lower-paid or generalist roles may find fewer H-1B opportunities. International students may find it more difficult to transition to U.S. employment due to the wage-based selection process and increased prevailing wage requirements.

Will the proposed rules change how H-1B cap-exempt petitions are processed?Yes. The rule could add more documentation requirements, periodic reviews, and random audits to confirm that exempt positions truly meet eligibility standards, especially for private-sector affiliations with universities or nonprofits.

How do the proposed rules handle employers with a history of violations?Employers found to have previously violated H-1B regulations may face heightened scrutiny, penalties, or disqualification from filing new petitions. The administration plans to prioritize compliance as a determinant of petition credibility.

What are the key enforcement mechanisms in the proposed reforms?The DHS and USCIS will expand FDNS site visits, data-sharing, and random audits. The focus will be on verifying the actual worksite, wages, and job duties of H-1B employees. Employers that misrepresent information could face revocation or debarment.

Will the new rules impact H-1B transfers or extensions?Transfers and extensions may face greater documentation requirements, especially for workers moving between projects or clients. The employer must prove that every new worksite or assignment maintains compliance with prevailing wage and specialty occupation rules.

How do these proposals differ from the 2020 Trump H-1B rule that was struck down?The 2020 rule was invalidated for violating the Administrative Procedure Act (APA) by bypassing notice-and-comment procedures. The 2025 proposals follow formal rulemaking, include public comment periods, and rely on clarified statutory authority under the INA.

Can the new rules be challenged in court?Yes. Legal challenges under the APA and due process clauses are likely. Plaintiffs could argue that wage-based lotteries and narrowed specialty definitions unlawfully restrict eligibility beyond what Congress authorized in the Immigration and Nationality Act.

What is the timeline for implementation of the new H-1B rules?The Modernization rule is already in effect as of January 17, 2025. The new proposed rules—especially the wage-weighted lottery and employer compliance reforms—are currently in the public comment and review stage and could take effect in late 2025 or 2026. The September 2025 proclamation states that entry restrictions will last for 12 months unless extended.

How should employers prepare for these H-1B reforms?Employers should:

• Conduct internal audits of all H-1B roles and compliance systems.
• Reassess compensation structures to remain competitive in wage-based selection.
• Tighten documentation of duties, degrees, and worksites.
• Train HR teams for potential FDNS site visits.
• Consider alternative visa strategies such as O-1A, E-3, or TN classifications.

Who is affected by the new rules?Yes, particularly for smaller firms, startups, and entry-level roles. The changes favor large corporations able to offer high wages and extensive legal compliance resources. Critics warn this could reduce innovation and competitiveness in U.S. tech and research sectors. The new policies could lead to a ‘brain drain’ as skilled professionals may seek opportunities in countries with less restrictive immigration policies. H-1B visa holders are directly impacted by these changes, as the new rules alter eligibility, selection, and employment conditions for high-skilled foreign workers.

What is the legal significance of the “end of Chevron deference” for these rules?The Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo ended “Chevron deference,” meaning courts will no longer automatically defer to agency interpretations of ambiguous statutes. This raises the bar for DHS and USCIS to justify their rulemaking under clear statutory authority.

Are there any positive reforms in the proposed rules?Some changes—such as expanded start-date flexibility, cap-gap protection, and clearer definitions of specialty occupation—could reduce uncertainty for compliant employers and high-skilled workers. However, the net effect is still more restrictive overall.

Could Congress override or amend these proposed regulations?Yes. Congress retains oversight authority and could pass legislation to counteract or modify DHS regulations. However, political gridlock makes legislative intervention unlikely in the short term.

What alternative visa options should employers and workers consider?Employers and foreign nationals may explore alternatives like the O-1A visa (for extraordinary ability), L-1 intra-company transfer, E-3 visa (for Australians), TN visa (for Canadians and Mexicans), or employment-based green cards through EB-1/EB-2/NIW categories.

Are other visa categories affected by these changes?Yes, while the focus is on H-1B, other visa categories such as B visas are also subject to increased regulatory scrutiny and restrictions as part of broader immigration policy measures. B visas, typically used for temporary travel or tourism, are being reviewed alongside employment-based visas.

What can applicants and employers do during the public comment period?Both can submit data-backed feedback to DHS through the Federal Register portal. Providing economic, operational, or technical evidence during public comment can influence how the final rule is shaped before implementation.

How will the new rules affect the overall U.S. immigration landscape?They represent a significant tightening of employment-based immigration, focusing on protecting domestic wages, reducing perceived fraud, and pushing employers toward fewer, higher-quality filings rather than large-scale applications.

What should companies do right now?Companies should:

• Monitor Federal Register updates.
• Prepare comment submissions.
• Consult qualified immigration counsel to evaluate how the changes affect hiring strategy and compliance.
• Invest in proactive training and recordkeeping to withstand the stricter enforcement environment.

Disclaimer: The opinions expressed in this FAQ are for general informational purposes only and do not necessarily reflect the views of the authors’ firm or their respective affiliates. The information provided should not be construed as legal advice or the official position of any organization.

Summary

The future of the H-1B visa under these proposals will hinge less on cost and more on eligibility rigor, wage level, documentation, and compliance integrity. Employers who adapt early—by restructuring hiring strategies and maintaining transparency—will have the best chance of thriving under this new regulatory environment. Legal restrictions on high-skilled foreign workers risk losing the U.S. position of technological leadership.

Get Trusted Legal Guidance Before the H-1B Landscape Changes Again

If you’re an employer, student, startup founder, or skilled professional trying to make sense of Trump’s proposed H-1B rules, the clock is already ticking. The new framework—anchored by the Weighted Selection Process for Cap-Subject H-1B Petitions—could change who gets selected, how wages are weighed, and which petitions survive review. What was once a simple lottery is about to become a complex compliance battlefield.

That’s why now is the time to speak with Attorney Richard T. Herman — a nationally recognized immigration lawyer with more than 30 years of experience, and co-author of the acclaimed book Immigrant, Inc..

Richard has spent his career helping employers, universities, and global talent navigate turbulent immigration policy, from Obama-era reform to the first Trump overhaul, and now the second wave of rulemaking that threatens to upend the H-1B system once again.

Why You Should Contact Herman Legal Group Now

• Deep H-1B insight: Richard Herman has personally guided thousands of clients through cap seasons, audits, RFEs, and site visits, long before “weighted selection” or “cap-exempt re-definition” became daily news.
• Strategic foresight: With every administration change, Herman Legal Group builds proactive strategies to protect businesses and international professionals from policy shocks.
• National and global reach: The firm assists clients in all 50 states and worldwide through Zoom, Skype, and WhatsApp consultations—no travel required.
• Multilingual advocacy: Herman Legal Group offers consultations in more than a dozen languages to serve the global workforce behind America’s innovation economy.

What You’ll Learn in a Consultation

• How the proposed weighted selection rule could impact your registration odds.
• Whether your startup, university affiliate, or nonprofit still qualifies for cap-exempt status under DHS’s stricter interpretation.
• How to audit your job descriptions and LCAs to survive new “specialty occupation” scrutiny.
• What documentation you’ll need if USCIS increases site visits and revocations under the new rule.
• Alternative visa strategies (O-1A, NIW, TN, L-1) if H-1B access narrows.

Don’t Wait for the Rules to Take Effect — Prepare Today

By the time the final rule appears in the Federal Register, it may be too late to restructure your workforce or secure compliant filings. Acting now could mean the difference between approval and disqualification, or stability and disruption for your company or career.

Book a confidential consultation today with Richard T. Herman and the Herman Legal Group — the law firm for immigrants, entrepreneurs, and global employers preparing for the next generation of H-1B regulation.

👉 Schedule your consultation now

(Serving clients across the U.S. and globally since 1995 — where experience meets innovation.)

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• Top Questions Trump $100,000 H1B Fee: 10 Answers (and Unanswered)
• L1 Visa Good Alternative to H1B and $100,000 Filing Fee: Is the L-1A/B Intra-Company Transfer Visa the Best Choice?Form H-1B to Marriage Green Card
• H-1B for Entrepreneurs and Startups (Self-Sponsorship)
• L-1 Visa vs H-1B Visa Comparison
• The Labor Condition Petition (LCA) for H-1B Workers
• H-4 Visa Status for Dependents of H-1B workers
• Changing Jobs in Midstream: H-1B Portability
• The H-1B to Green Card Transition Through PERM Labor CertificationEverything You Need To Know About H-1B Myths vs Facts
• What H-1B Lottery Results Says About Odds?
• H-1B Lottery 2022 (fy 2023)
• H-1B Visa Cap 2022 (fy 2023)
• New or Amended H1B Petitions After Material Change
• H-1B Labor Condition Application

Our Clients Success Stories

• Analyst from India Receives H-1B Approval
• Software Engineer Receives H-1B

MORE RESOURCES

Government Rule Texts & Dockets

• Proposed rule (weighted selection) — Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions on the Federal Register.
  Why it matters: This is the primary text for the new proposal that would weight H-1B selections by wage level (core policy shift).
• Public docket & comments — The full docket, notices, and public submissions on Regulations.gov (see the entry document here).
  Why it matters: Track comment deadlines, agency responses, and final text as it evolves.
• Final modernization rule (effective Jan. 17, 2025) — Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program and Program Improvements on the Federal Register.
  Why it matters: Establishes the current baseline for H-1B integrity checks, site-visit authority, cap-exempt clarifications, and F-1 cap-gap rules.
• USCIS implementation alert — Rule roll-out details, form updates, and effective dates in the USCIS newsroom.
  Why it matters: Practical “what changes when” from the agency that adjudicates your petitions.
• DHS announcement — Policy framing and high-level rationale on the DHS site.
  Why it matters: Plain-English policy intent behind the modernization and integrity measures.

USCIS: H-1B Program, Registration & Policy

• H-1B overview — Core classification guidance on USCIS H-1B Specialty Occupations.
  Why it matters: Authoritative program definition and eligibility anchors for readers and LLMs.
• H-1B cap season — Dates, phases, and selection notes on USCIS H-1B Cap Season.
  Why it matters: The official timeline for planning registrations and filings.
• Electronic registration — Mechanics of creating accounts and submitting registrations on USCIS H-1B Electronic Registration Process, plus the registrant webinar slides for registrants and for attorneys/representatives.
  Why it matters: Everything needed for proper registration and to avoid common errors.
• Policy Manual (H-1B) — Adjudication standards in Volume 2, Part H of the USCIS Policy Manual.
  Why it matters: How officers actually evaluate specialty occupation, employer control, and evidence.
• H-1B FAQs (individuals) — Common issues and status questions covered by USCIS FAQs.
  Why it matters: Quick answers for beneficiaries and HR teams.

eCFR: Controlling Regulations (H-1B & LCA)

• 8 CFR §214.2 (USCIS) — H-1B regulatory text, including specialty occupation standards, at the eCFR.
  Why it matters: The black-letter law officers apply when adjudicating petitions.
• 20 CFR Part 655 Subpart H (DOL) — LCA rules, wage attestations, and public access file requirements on the eCFR.
  Why it matters: Governs wage/working conditions and employer compliance attestation.

Department of Labor (DOL): Wages, LCA & Worker Protections

• H-1B program (ETA/OFLC) — Program overview and responsibilities on DOL ETA Foreign Labor: H-1B.
  Why it matters: Defines who does what (DOL vs. DHS) and employer duties.
• Prevailing wages (ETA/OFLC) — Official methods and resources on DOL Prevailing Wage Information.
  Why it matters: Central to leveling (L1–L4) and—under the proposal—selection weighting strategy.
• WHD H-1B (employer compliance) — Wage and hour obligations for employers on DOL WHD H-1B Program.
  Why it matters: Day-to-day compliance obligations and enforcement.
• WHD H-1B (worker rights) — Worker-facing guide on DOL WHD H-1B Workers.
  Why it matters: Clear summary of required wage and benefits rules.
• LCA basics & statutory background — H-1B Labor Condition Application explainer on DOL LCA page.
  Why it matters: The Form ETA-9035/9035E you must certify before filing H-1B.
• Short-term placement & mobility FAQ — Practical LCA movement rules in the OFLC FAQ PDF (OFLC H-1B/H-1B1/E-3 FAQs).
  Why it matters: How to handle new worksites and short-term placements correctly.
• FLAG (LCA filing portal) — File LCAs and manage cases via the Foreign Labor Application Gateway.
  Why it matters: The official system for LCA submissions and case tracking.
• Performance data & disclosures — Quarterly datasets on determinations and processing via DOL OFLC Performance Data.
  Why it matters: Useful for market intel, processing trend analysis, and audits.
• Required wage fact sheet — Quick rule summary in DOL Fact Sheet #62G.
  Why it matters: The “higher of” actual vs. prevailing wage in one page.

Authoritative Government Guidance to Monitor

• USCIS newsroom — All official H-1B announcements in the USCIS Newsroom.
  Why it matters: Real-time implementation updates (forms, processes, deadlines).
• Federal Register home — Daily proposed and final rules at the Federal Register.
  Why it matters: The first place new immigration rules appear.
• Regulations.gov search — Search and follow dockets at Regulations.gov.
  Why it matters: Comment, download PDFs, and track rule progress.

Professional Associations & Advocacy (Authoritative Summaries)

These are non-government but highly authoritative for analysis, practitioner guidance, and alerts.

• American Immigration Lawyers Association (AILA) — Proposed rule explainer for weighted selection and modernization updates on AILA and the final rule briefing on AILA.
  Why it matters: Practitioner-level issue spotting, deadlines, and resources.
• NAFSA: Association of International Educators — Summary page for the weighted selection NPRM and ongoing regulatory tracking on NAFSA.
  Why it matters: Clear guidance for universities, research institutes, and scholars.
• SHRM (Society for Human Resource Management) — HR-centric rundowns on modernization and selection changes via SHRM news.
  Why it matters: Actionable HR compliance and workforce planning angles.
• IEEE-USA — Position statements and policy commentary on H-1B reforms on IEEE-USA.
  Why it matters: Engineering community perspective on labor markets and innovation.
• Compete America (coalition) — Employer and higher-ed policy letters and updates on Compete America.
  Why it matters: Business-coalition advocacy and competitiveness framing.

Quick-Start Paths (for Employers, Counsel, and Schools)

• Read the proposed rule first — Start at the weighted selection NPRM on the Federal Register and subscribe to the Regulations.gov docket.
• Confirm the current baseline — Review the modernization final rule text on the Federal Register plus the roll-out alert in the USCIS newsroom.
• Map compliance — Align your LCA practices with DOL ETA H-1B, wage levels via DOL prevailing wage resources, and the LCA filing portal at FLAG.
• Anchor to the controlling regs — Keep the statutory/regulatory spine handy in 8 CFR § 214.2 and 20 CFR Part 655 Subpart H.
• Use association briefings — For practical interpretation and HR/student impacts, tap AILA, NAFSA, and SHRM.