July brought several material updates affecting H-1B planning: a new State Department policy limiting interview waivers for visa stamping, a fresh DOL wage year used for LCAs, and the formal kickoff of a DHS proposal to change how cap selections could be made in future years. We summarize the changes and practical steps below.
1) Interview waivers sharply curtailed for visa stamping (effective Sept. 2, 2025)
The U.S. Department of State announced that, starting September 2, 2025, most nonimmigrant visa applicants—including H-1B and H-4—will generally need in-person interviews. Waivers are now largely limited to certain diplomatic/official categories and some B-1/B-2 renewals meeting strict criteria. Consular posts may still require interviews case-by-case. Plan for travel and appointment lead times.
Action: If you or your employees will need visa stamping abroad this fall, schedule early and build travel buffers; interview-waiver (“dropbox”) eligibility will be uncommon for H categories under the new policy.
2) "Weighted” H-1B cap selection rule moves forward (proposal stage)
On July 17, 2025, DHS/USCIS sent a proposed rule to the White House for review titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” (RIN 1615-AD01). This is the first formal step toward shifting away from a purely random lottery to a system that could prioritize higher-wage/advanced-degree cases. The rule was received by OIRA on July 17 (and later cleared on Aug. 8), but it is not in effect; publication and a public-comment period will come next.
What it could mean (forward-looking): If finalized, a wage- or degree-weighted selection could change cap strategy and compensation planning. (This is an inference based on the proposal’s title and reporting; details await the published text.)
3) New DOL prevailing wage year began July 1, 2025
The Department of Labor’s OEWS prevailing wage data for July 2025–June 2026 is now in effect. Employers filing LCAs for H-1B (and H-1B1/E-3) must use the current wage year. Review positions for compliance and budget impacts.
4) Reminders intersecting with July updates
- FY 2026 H-1B cap is reached. USCIS announced on July 18, 2025 that it has enough petitions for the FY26 regular and master’s caps—no second selection round this season.
- Registration fees increase already in place. For the FY26 season (March 2025), the H-1B registration fee increased to $215; plan accordingly for future cycles.
- “Visa Integrity Fee” coming for consular visas. A new statutory $250 visa integrity fee will be charged upon issuance of most nonimmigrant visas (including H-1B/H-4) starting Oct. 1, 2025, with implementation details still being finalized by the government. This is in addition to MRV/reciprocity fees; it does not apply to in-country changes of status.
What employers and foreign nationals should do now?
- Stamping logistics: If travel for visa stamping is likely after Sept. 2, 2025, book appointments early and expect interviews. Build contingency plans for delayed returns.
- Compensation & role mapping: Review wage levels for H-1B roles against the July 2025–June 2026 DOL data; consider whether compensation strategies need adjustment, particularly if a weighted selection rule is finalized in the future. (Policy still proposed.)
- Budget for fees: Account for the $215 registration fee for upcoming cap seasons and the $250 visa integrity fee for consular visa issuance after Oct. 1, 2025.
- Communicate timelines: Let affected employees know the FY26 cap is closed and discuss alternatives (cap-exempt roles, O-1, TN, E-3, etc.) as needed.
© Copyrights, 2025 Law Offices of Candice Zaguedoun P.A.
