Archive · 16 Sep 2026
Vance Calls for “Actual Geniuses” in H-1B Program
JD Vance said the H-1B visa should bring especially talented workers to the United States.
He said companies should not use it simply to replace Americans with cheaper workers.
The government has changed the visa lottery to give more weight to higher-paid and higher-skilled jobs.
However, workers at different wage levels can still enter the selection process.
The government has also proposed a very large new fee for some H-1B petitions.
That fee is only a proposal and is not yet final.
Another proposal could remove a 60-day period that some workers use to find a new job after being dismissed.
Indian-born workers make up the largest group of approved H-1B beneficiaries, but the rules apply generally rather than specifically to Indians.
JD Vance said H-1B visas should attract highly skilled workers, not lower-wage replacements for Americans.
A weighted selection system favoring higher-skilled and higher-paid applicants took effect on February 27, 2026.
DHS proposed a $103,265 fee for H-1B cap-subject petitions, but it is not final.
A separate $100,000 payment requirement faces litigation after a judge vacated its implementing guidance.
DHS also proposed ending the 60-day grace period for certain H-1B workers who lose jobs.
- Who
- U.S. Vice President JD Vance, the Trump administration, H-1B workers, and employers.
- What
- The administration is prioritizing higher-skilled and higher-paid H-1B workers while considering higher fees and changes to job-loss protections.
- When
- Vance made the comments on September 15, 2026; several related measures were introduced or proposed between 2025 and September 2026.
- Where
- The United States and its H-1B immigration system.
- Why
- The administration says it wants to curb abuse and prevent companies from using H-1B workers as cheaper substitutes for American employees.
Administration’s stated priorities
Broader worker and employer implications
Purpose of the H-1B program
Administration’s stated priorities
The Trump administration says H-1B visas should support additive, high-skilled functions and should not be used to replace Americans with lower-paid foreign workers.
Broader worker and employer implications
The existing system continues to allow workers across different wage levels to enter the selection process; the weighted system changes their chances rather than eliminating lower-wage categories.
Higher costs for employers
Administration’s stated priorities
The administration says higher costs could discourage companies from using H-1B workers as cheaper substitutes and help recover government administration costs.
Broader worker and employer implications
The proposed $103,265 fee is a substantial additional payment for cap-subject petitions and has not yet become a final rule.
Job-loss protections
Administration’s stated priorities
DHS says employers could offer the same job to an equally qualified U.S. worker or restart the H-1B petition process depending on workforce needs.
Broader worker and employer implications
Removing the 60-day grace period could give affected H-1B workers less time to find another employer or take other permitted steps; the proposal is not final.
- Weighted selection effective
- February 27, 2026
- Proposed H-1B fee
- $103,265 for all H-1B cap-subject petitions, including those eligible for the advanced-degree exemption
- Public comment deadline
- September 24, 2026, for the proposed $103,265 fee
- Earlier payment measure
- A separate $100,000 payment requirement was introduced in September 2025 and later became subject to litigation
- Grace-period proposal
- DHS proposed eliminating the existing 60-day grace period for certain H-1B workers who lose their jobs
- Indian-born beneficiaries
- 283,397 of 399,395 approved H-1B petitions in fiscal year 2024 involved beneficiaries born in India
- Second-largest beneficiary group
- China accounted for about 12% of approved H-1B petitions in fiscal year 2024