‘Significant’ Changes Coming to H-1B Visa Process Before 2026 Rollout: U.S. Commerce Secretary Lutnick

Amid the Trump administration hiking the fee for H-1B visa to $100,000, U.S. Commerce Secretary Howard Lutnick stated that there will be “a significant number of changes” in the process before February 2026, the month when the changes will be implemented. 

The one-time fee for H-1B work visas is aimed at ensuring that only “very highly skilled” professionals are admitted, while discouraging companies from replacing American employees with cheaper foreign labour.

Lutnick said that the process of “inexpensive” tech consultants coming to the U.S. and settling with their family is “just wrong.” 

“This procedure and process goes into effect in February of 2026, so my guess is going to be, there are going to be a significant number of changes between now and 2026,” Lutnick said on September 28, in an interview with NewsNation.

He added that the fee hike will make sure that the H-1B visa applications  “shouldn't be overrun with these people. But I think you're going to see a real thoughtful change going forward. And that's what I expect will happen."

He also mentioned that there will be procedural changes in the application for the H-1B visa process before February 2026

"There's going to be a variety of changes; they're talking about changes — how to get the lottery, should it still be a lottery? But that will all be resolved by February,” he said, adding that “as of right now”, there will be a one-time fee of $100,000.

“There was a lottery. The H-1B is a lottery,” he said, questioning why there should be a lottery system for the H-1B visa.  “That just doesn’t make any sense,” he said.

The H-1B process, which was set up in 1990,  is “sort of butchered along the way” and needs changing, the Commerce Secretary said, and the visas are 7-10 times “oversubscribed.” 

“H-1B visas are for tech consultants? Like, somehow, that’s important that tech consultants are onshore versus offshore. They’re all in other countries anyway,” he said, adding that about 4% of the visas were for educators and doctors. 

He mentioned that the process needs to be “fixed” and that America should only give “highly-skilled jobs” to the “most highly-skilled people”.

“The idea of having tech consultants and trainees who are inexpensive should be eliminated. I have a strong opinion that way. I think the President's right with me on those same topics... I am completely on the view that this idea that inexpensive tech consultants should be coming into this country and bringing their families, I find it just wrong, and so it sits wrong with me,” Lutnick said.

This month, the U.S. Department of Labour introduced ‘Project Firewall’, a new H-1B enforcement initiative designed to protect the rights, wages, and employment opportunities of highly skilled American workers.

The project aims to ensure that employers give priority to qualified American candidates during the hiring process and will hold them accountable for any misuse of the H-1B visa system.

“Launching Project Firewall will help us ensure no employers are abusing H1B visas at the expense of our workforce,” U.S. Secretary of Labour Lori Chavez-DeRemer had said in a statement. “By rooting out fraud and abuse, the Department of Labour and our federal partners will ensure that highly skilled jobs go to Americans first.”

As part of Project Firewall, the department will carry out employer investigations to strengthen compliance with the H-1B programme. For the first time in the department’s history, the Secretary of Labour will “personally certify the initiation of investigations.”

Employers found in violation may face consequences such as the recovery of back wages for affected workers, civil monetary penalties, and/or disqualification from using the H-1B programme for a specified duration.

(with PTI inputs)