News Alert: Huge Changes in Immigration ~ N-400 Naturalization Overhaul, New H-1B Fee, Weighted H-1B Lottery, and New Electronic Payment Requirement
Image by Francis MacDonald from Pixabay. The U.S. Citizenship and Immigration Services (USCIS) has recently released a series of significant policy updates including fundamental changes in the standards and procedures for naturalization, H-1 B visa selection and processing and the elimination of nearly all paper-based payments. Learn more in our News Alert.
Seismic Shifts in U.S. Immigration: Overhaul of Citizenship Test & Process, Huge Changes in H-1 B visa selection and processing, and Requirement of Electronic Payments
The U.S. Citizenship and Immigration Services (USCIS) has recently released a series of significant policy updates including fundamental changes in the rules and procedures for naturalization (such as the revised citizenship test, institution of new procedures and standards for military service members), H-1 B visa selection and processing and the elimination of nearly all paper-based (check or money order) payments.
We recently wrote about the USCIS implementation of the new 2025 citizenship test, new standards and procedures in the naturalization application including for those in the military, and the new $100,000 H-1B fee. This post will discuss the weighted H-1B lottery and new requirement for electronic payments.
The H-1B Lottery Gets a Weighted Selection Process
The era of the purely random H-1B lottery is coming to an end. DHS has proposed a significant change to the H-1B cap selection process to "generally favor the allocation of H-1B visas to higher skilled and higher paid aliens." The goal of this proposed new rule is to better align the program with its Congressional intent to fill labor shortages in positions requiring highly skilled workers.
It is important to remember that this is a mere proposal and not existing regulation. The government is allowing comments about this rule proposal. Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before October 24, 2025. Written comments on the associated information collections 1615-0144 and 1615-0009 must be submitted on or before November 24, 2025. You may submit comments on the entirety of this proposed rulemaking package, identified by DHS Docket No. USCIS-2025-0040 through the Federal eRulemaking Portal: https://www.regulations.gov.
The existing beneficiary-centric registration system remains in place (meaning each unique beneficiary is counted once), but the selection process itself will now be weighted based on the Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary's proffered wage meets or exceeds.
Proposed new weighted H-1B lottery system based on OEWS wage level. Regulations.gov.
Higher Odds for Higher Pay: Under the new system, a registration for a Level IV position will have a statistically higher chance of being selected than a Level I position. This directly incentivizes employers to offer wages commensurate with high-skilled, experienced positions.
The "Lowest Wage" Rule: To prevent gaming the system (e.g., submitting multiple registrations at different wage levels), USCIS will assign the unique beneficiary to the lowest OEWS wage level among all registrations submitted on their behalf. If an employer uses a wage range, the lowest wage in that range will determine the level.
Integrity Measures: USCIS is strengthening anti-fraud provisions, requiring a selection to be based on a bona fide job offer. The H-1B petition, if selected, must match the wage level, SOC code, and area of intended employment provided in the registration. Attempts to reduce the proffered wage after selection to a lower wage level could result in the denial or revocation of the petition.
USCIS Transitions to Electronic Payments
Effective October 28, 2025, USCIS will cease accepting traditional paper-based payment methods—checks, money orders, cashier's checks, and bank drafts—in a move mandated by Executive Order 14247, “Modernizing Payments To and From America’s Bank Account.” According to USCIS, this change is driven by the need to reduce unnecessary costs, delays, fraud risks, and theft associated with paper payments.
Beginning October 28, USCIS will primarily accept two electronic payment methods:
Credit or Debit Cards: This remains a standard option for both online and paper filings. In this case, applicants must complete one Form G-1450, Authorization for Credit Card Transactions for each form transaction.
Automated Clearing House (ACH) Payments: This is the method for bank account payments. Applicants filing a paper=based application can pay by bank account. In this case, they must submit the new Authorization for ACH Transactions (Form G-1650) with their benefit request, providing bank routing and account numbers for the payment to be processed electronically. For those filing online, bank account information can be entered directly into the Pay.gov system.
Can I still pay with a check or money order?
Yes. However, paper-based payments are now the exception, not the rule: An applicant may submit a paper payment (check, money order, etc.) only if they also submit the Exemption for Paper Fee Payment (Form G-1651), scheduled to be released on or before the effective date of October 28, 2025. Additionally, they must meet one of the few narrow exemptions, including:
Individuals who do not have access to banking services or electronic payment systems.
Situations where an electronic payment would cause undue hardship.
Circumstances related to national security or law enforcement.
What else should I know?
With regards to the H-1B, while the H-1B lottery remains random among the weighted entries, employers seeking Level I or entry-level workers face significantly lower odds of selection, while those recruiting top-tier, highly-paid talent will see their chances dramatically increase. Theoretically, this should level the playing field with regards to chances of getting selection, but it’s important to remember that this is only a proposed rule which can change. Thus, it is important to keep abreast of new developments.
If you are filing an immigration application or petition with USCIS on or after October 28, 2025, you must be prepared to pay with a credit/debit card or a completed Form G-1650 for an ACH transaction. Mail-in checks and money orders are essentially obsolete without an approved exception.
If you are affected by these or other developments and would like to schedule an in-depth consultation, please contact us. We are here to help. Stay tuned as we monitor this development. Follow us on Instagram, Twitter, Facebook, LinkedIn, Tumblr and TikTok, for up-to-date immigration news.
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