H-1B Reform Can Fuel America’s AI and Chip Future Through Merit

(UNITED STATES) Lawmakers and the administration moved in opposite directions on the H-1B program this year, setting up a high-stakes test of how the United States 🇺🇸 will compete for talent in artificial intelligence and semiconductor manufacturing.

On September 29, 2025, Senators Chuck Grassley and Dick Durbin introduced the bipartisan reform act known as the H-1B and L-1 Visa Reform Act of 2025, pitching sweeping changes they say would better align visas with national needs. Days earlier, a Presidential Proclamation added a new $100,000 entry fee for new H-1B petitions filed after September 21, 2025, an abrupt cost that industry leaders warn could push skilled workers elsewhere. Together, the moves signal a new phase in the long-running debate over H-1B reform, merit-based selection, and the balance between protecting U.S. workers and attracting global experts.

The shift toward merit-based selection

At the center of the legislative plan is a shift toward merit-based selection. The bipartisan reform act would set a tiered approval framework that ranks petitions by:

• Education, especially STEM fields
• Skill level
• Expected wages

Supporters argue this structure would direct scarce visas to the engineers and researchers most likely to advance AI models, chip design, and advanced manufacturing.

The proposal also contemplates policy tools favored by technology leaders, including:

• Raising or waiving caps for targeted roles tied to national priorities
• Speeding up processing for critical specialties

According to analysis by VisaVerge.com, these ideas reflect a wider push to connect immigration pathways with strategic sectors facing steep talent shortages.

Wage rules, worker protections, and limits

Wage rules sit at the core of the bill. The senators propose stricter wage obligations to ensure employers pay at or above prevailing local wages. Backers say this would:

• Reduce the risk of undercutting U.S. workers
• Temper outsourcing models that have drawn scrutiny

The plan would add stronger protections against worker displacement, including:

• Longer non-displacement periods
• A bar on companies having more than 50% of their workforce on H-1B or L-1 status
• Limitations on extensions to three years, with narrow exceptions

These measures aim to increase turnover and open room for new talent as technology needs shift.

The $100,000 petition fee: reactions and risks

While many in tech favor a skills-first approach, the new $100,000 petition fee announced through executive action startled employers and foreign graduates alike.

• Executives and academics warn the charge could chill applications from rising stars who have options in Canada 🇨🇦, Europe, and Asia.
• Nvidia’s CEO publicly warned the fee could have changed his own path: “If such a fee had existed when I came, I might not have come to the United States,” arguing it risks pushing innovators to other hubs.

The administration framed the fee as a tool to address perceived abuses and reduce heavy H-1B use in certain sectors. Critics counter that the expense will land hardest on:

• Startups
• Smaller labs
• Early-career PhDs in machine learning, quantum, and semiconductor physics

University deans and research heads point out that a six-figure cost tied to a first U.S. job could discourage top talent. Investors report founders are recalculating where to build teams — Boston, Austin, and the Bay Area versus Toronto and London.

Lottery modernization: a win for smaller employers

Amid the friction, a separate change this year drew broad support from smaller businesses and founders. On January 17, 2025, the Department of Homeland Security finalized a rule that modernizes the H-1B lottery by adopting a beneficiary-centered selection process.

Key features and intended effects:

• Prevents multiple lottery entries for the same person, a practice that favored large staffing companies
• Focuses on unique beneficiaries rather than volume submissions
• Levels the field for startups and labs that can offer only one or two roles

USCIS provides official program details for employers and applicants at the U.S. Citizenship and Immigration Services.

How the Grassley-Durbin bill ties visas to strategic goals

The Grassley-Durbin bill reaches further, aiming to create a reform architecture that ties visa supply to strategic goals in AI and chipmaking. The draft envisions:

• Guardrails to protect U.S. workers
• Market pressure toward higher wages and skills
• Enforcement to curb heavy reliance on visa workers within single firms

Supporters say embedding H-1B policy within a merit-based framework will make the system more predictable and aligned with the country’s innovation plan.

Implications for foreign STEM graduates and employers

For foreign workers with advanced degrees in computer science, electrical engineering, and related fields, the picture is mixed:

• The merit-based approach promises clearer paths for top graduates and experienced engineers, especially in AI research, chip design, and fabrication.
• The $100,000 fee adds a stark, immediate cost that could make employers rethink hiring or push roles offshore.

Recruiters report candidates increasingly ask about roles in other countries first, raising alarms about a potential talent bleed when the U.S. aims to accelerate its AI and semiconductor workforce.

Interplay of lottery reform and merit rankings

The DHS lottery update matters because it interacts with any future merit rankings:

• Under the beneficiary-centered process, each person is treated as a single entry, reducing gaming.
• If a merit-based selection layer sits on top, the combined effect could be:
  • Fewer duplicate entries
  • A sharper focus on the most qualified candidates

Startup founders — even those wary of the fee — describe the lottery change as a rare win. VisaVerge.com reports early feedback from small employers has been positive, saying the update finally puts substance behind the promise of a fairer draw.

Stakeholder splits and timing pressures

Industry groups are split on how fast Congress should move:

• Advocates for chip manufacturing say the window is short as new fabs open across several states with billions invested. They want expanding or waiving caps for strategic tech fields to staff fabs, design centers, and supplier networks.
• Worker groups push for strict enforcement of wage rules and the 50% workforce ceiling to protect domestic hiring.

Both agree the status quo no longer fits the moment.

University concerns and the signaling effect

Research directors and deans watch with mixed hope and concern:

• Merit-based selection tied to education and wages could help retain standout doctoral candidates and postdocs.
• Sudden costs can derail offers; international graduates often have competing opportunities abroad.
• Several deans worry the $100,000 entry fee will be read internationally as a “keep out” sign just as the U.S. seeks leadership on AI safety, chip supply chains, and advanced packaging.

Policy sequencing and what comes next

Policy veterans argue sequencing matters. Smart H-1B reform, in their view, should:

1. Clean up selection (reduce gaming)
2. Strengthen wage floors
3. Build targeted pathways for critical roles
4. Measure effects before layering new costs

The bipartisan reform act attempts that balance on paper, aiming to remove abuse while keeping doors open to top talent. Whether the balance survives depends on negotiations likely to stretch into next year, with the tech sector lobbying to keep the merit-based core while softening blunt measures that could backfire.

Practical implications if the bill advances

Employers and applicants should prepare for possible changes:

• Employers may need to:
  • Align offers more tightly with wage tiers and skills categories
  • Revisit compensation to compete under a ranking system
  • Broaden searches to include high-wage specialists who command premium pay
• Startups might benefit from clearer rules favoring genuine specialization but will still seek relief from costs they cannot absorb
• Foreign applicants will watch whether the U.S. can pair tough worker protections with pathways that welcome, rather than price out, top talent

Current landscape: three big forces

Presently, businesses and workers face a split-screen landscape:

• A modernized lottery that addresses a common pain point
• A far-reaching legislative plan aimed at merit-based selection
• An executive $100,000 fee that risks dampening interest

“We can live with stricter wage rules and smarter selection. The question is whether the system also keeps the door open wide enough for the people we absolutely need.” — A founder reflecting the central tension policymakers must resolve

Each piece will shape who applies, who stays, and where the next generation of AI and chip breakthroughs happens.