【ARCFE News】Bill Introduced to Cancel the H-1B Program

Representative 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, Representative 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. 

Consider EB-5 for Your Green Card Journey

As the H-1B program becomes increasingly complex, costly, and unpredictable, it remains uncertain whether temporary work visas will remain a viable long-term immigration solution. By contrast, the EB-5 Immigrant Investor Program offers a stable and direct pathway to permanent residence without dependence on employer sponsorship, wage structures, or annual visa lotteries. Recent regulatory changes to the H-1B system and lawmaker intent to completely eliminate the program have amplified uncertainty for both employers and workers, making the EB-5 visa increasingly attractive for individuals seeking greater control over their immigration outcomes.

In particular, the EB-5 program currently presents a time-sensitive opportunity. The EB-5 Reform and Integrity Act (RIA) created set aside visa categories for investments in rural, high-unemployment area, and infrastructure projects, and these categories remain current as of January 2026 visa bulletin, allowing eligible investors to file adjustment of status applications without prolonged visa backlogs. In addition, the statute’s grandfathering protections - ensuring that properly filed EB-5 petitions will continue to be adjudicated under existing rules even if the program lapses - remain in effect through September 2026. This window offers a rare combination of visa availability and regulatory certainty, positioning EB-5 as a compelling alternative amid the ongoing transformation of the H-1B landscape.

ARCFE is a USCIS-designated EB-5 Regional Center with more than a decade of experience in both real estate financing and the EB-5 industry. To date, ARCFE has successfully raised over $211M in EB-5 capital across 19 successful EB-5 projects, achieving a 100% project approval rate and a 100% EB-5 capital repayment record. These accomplishments position ARCFE as a leading EB-5 Regional Center in New York City. Backed by a team with deep, hands-on expertise across both real estate development in NYC and EB-5 immigration, ARCFE brings a fully integrated approach to structuring and managing EB-5 investments. This dual-track experience enables ARCFE to proactively identify and mitigate risk at every stage - from project selection and capital deployment to immigration compliance and exit strategy execution. As a result, ARCFE is confident in delivering well-structured, low-risk EB-5 projects that prioritize capital preservation, high success rate, and a clear, reliable pathway for investors seeking U.S. permanent residency.

---