I sat down with Prashant Dubey, who owns an immigration law firm that specializes in helping clients navigate the complex US visa system. Knowing the recent H-1B policy changes, I wanted to discuss how they impact the future of international talent, particularly for students transitioning from F-1 visas. Our conversation revealed that while these changes don’t directly affect F-1 visas or OPT, they will significantly alter the H-1B lottery and fee structure, creating new challenges and uncertainties for international students and workers alike.

International students, especially those in STEM, are a critical part of the US talent pipeline, often filling high-demand roles that fuel economic growth. With the new H-1B policy, this pipeline is being fundamentally reshaped. Prashant underscored that while the new rules don’t change the OPT program—a crucial part of the F-1 visa—the path from a student visa to a work visa is now more complex. As he noted, “they can still get the OPT. This doesn’t impact their ability to do the OPT, [OPT is] still alive.”

The most profound changes lie in the H-1B lottery and fees. The Trump administration’s new proclamation imposes a steep new fee, with Prashant confirming that “anybody that is applying for a new H-1B petition looking forward after September 21st, and doesn’t already have an approved H-1B petition, they are all subject to the $100,000 H-1B fee”, On top of this, the lottery is shifting from a random drawing to a weighted system based on wages. Prashant explained that the Department of Labor is proposing to give a significant advantage to higher-paid applicants: “In next year’s H-1B lottery, Level 1 wage positions get only one shot at selection, while Level 4 wage positions get four times as many chances.”

To put this in perspective, there are over 1.5 million international students on F-1 and M-1 visas in the U.S. annually, all competing for a limited pool of visas. The H-1B program, by contrast, has a total annual cap of just 85,000, with 20,000 reserved for master’s degree holders. With nearly 340,000 unique applicants in the most recent lottery, the odds were already slim, but with the new weighted system, the challenge is even greater for those not at the highest pay levels. The sheer scale of the imbalance between those who seek a path to employment and the number of visas available highlights why these policy changes are so impactful.

A key element of the new policy is the national interest waiver, a potential loophole that could exempt certain workers from the new $100,000 fee. Prashant notes that the proclamation has “carved out a national interest waiver,” which may apply to professionals in critical sectors like medicine or technology. However, the exact criteria are unclear, as he pointed out: “What’s not clear is the impact on F-1 students going to H-1B status for big tech jobs. Are we saying only cybersecurity professionals would qualify for the national interest waiver on the H-1B fee, or would other big tech positions be eligible as well? All unknowns.” This ambiguity means that the policy’s full impact on industries and foreign nationals is still a major unknown, leaving many to wonder if a powerful company or even a country could leverage this exemption.

The new policies are complex, and their full impact on the international talent landscape remains to be seen. These changes create a difficult situation for new international workers and companies that employ them. The universities and businesses that navigate this landscape successfully will need to provide proactive, clear guidance to their talent, ensuring they understand the new rules of engagement. While the H-1B process may have gotten tougher, it’s not out of reach for those who can strategically plan their path. At Quallege, we believe there is a strong tie from quality education to quality career outcomes.

Thank you, Prashant, for your invaluable insights and for helping clarify the complex landscape of immigration law.