A comprehensive breakdown of PP10998's effects on H-1B workers — the $100K fee, social media vetting, travel restrictions, and the legal challenges shaping 2026.
Presidential Proclamation 10998, signed in late 2025 and effective January 1, 2026, represents the most significant change to H-1B visa policy since the Trump-era proclamations of 2020. It introduces a $100,000 employer fee for certain H-1B petitions, mandates social media vetting for all nonimmigrant visa applicants, modifies the H-1B lottery with a wage-weighted selection system for FY2027, and imposes new travel restrictions for nationals of certain countries. This guide breaks down exactly what PP10998 says, who it affects, and what H-1B holders and applicants should do right now to protect their status.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
PP10998 is a presidential proclamation — not a law passed by Congress. It operates under the president's executive authority over immigration (INA Section 212(f)). The proclamation contains four major provisions that affect the H-1B ecosystem differently depending on your employer type, nationality, job level, and travel plans.
Understanding which provisions apply to you is critical. A software engineer at Google is affected very differently than a consultant at an IT outsourcing firm. Below we break down each provision with specific applicability criteria so you know exactly where you stand.
The most headline-grabbing provision imposes a $100,000 fee per H-1B petition for "H-1B dependent employers" — companies where 50% or more of their U.S. workforce holds H-1B or L-1 status. This primarily targets IT outsourcing and consulting firms.
Who it applies to:
Who is exempt:
Employer impact: For affected companies, the $100,000 fee effectively makes H-1B sponsorship economically unviable for lower and mid-level positions. Several large IT outsourcing firms have already announced they are shifting new hiring to their India offices rather than sponsoring U.S. H-1B positions at this cost. This has a cascading effect: fewer H-1B lottery registrations from these firms may increase lottery odds for other applicants, but it also reduces the total number of H-1B opportunities available.
Effective December 15, 2025, all nonimmigrant visa applicants must disclose social media accounts on the DS-160 form, and consular officers are directed to review these accounts as part of standard adjudication. This is not new in concept — the DS-160 has asked for social media identifiers since 2019 — but PP10998 makes the review mandatory rather than discretionary.
What this means in practice:
The 221(g) connection: The social media vetting mandate is the primary driver of the 2026 221(g) surge. Consulates that were already processing-heavy (Chennai, Hyderabad) have seen 221(g) rates spike from roughly 15% to 40%+ as officers flag cases for social media review. See our complete 221(g) guide for detailed consulate timelines.
Starting with the FY2027 lottery (registration in March 2026), PP10998 modifies the H-1B selection process to favor higher-wage positions. Instead of pure random selection, registrations will be weighted based on the offered wage relative to the prevailing wage for that occupation and area.
How it works:
Who benefits: Senior engineers, experienced professionals, and workers at high-paying companies (FAANG, finance, consulting). Entry-level positions at lower-paying employers will face significantly reduced lottery odds.
Who is hurt: New graduates entering the workforce at entry-level wages, workers at mid-size companies with lower prevailing wages, and IT consulting firms placing workers at Level 1 wages. This provision is expected to shift H-1B demographics toward more experienced, higher-paid workers.
Legal status: This provision faces active legal challenges. The AILA (American Immigration Lawyers Association) filed suit in February 2026 arguing the wage-weighted system exceeds presidential authority and violates the INA's random selection requirement. A preliminary injunction was denied, meaning the wage-weighted system will proceed for FY2027 while litigation continues.
PP10998 adds new enhanced vetting requirements for nationals of certain countries, beyond the existing social media mandate. While the full list of affected nationalities has not been publicly released, community reports suggest that nationals of countries with active USCIS fraud investigations face additional scrutiny.
Major tech companies have adapted to PP10998 in several ways:
PP10998 faces multiple legal challenges:
In response to PP10998, a bipartisan group of senators introduced the Workforce Immigration Stabilization Act (WISA Act) in February 2026. Key provisions:
The WISA Act has garnered support from the tech industry but faces opposition from labor groups. As of March 2026, it has been referred to the Senate Judiciary Committee. Passage in the current Congress is considered unlikely by most political analysts, but it establishes a framework for potential future reform.
A: Only if your employer is classified as "H-1B dependent" — meaning 50% or more of their U.S. employees are on H-1B or L-1 visas. Most large tech companies (FAANG, banks, consulting firms) are not H-1B dependent. IT outsourcing and consulting firms with high proportions of H-1B workers are primarily affected. Workers earning above $200,000 or holding a U.S. STEM doctoral degree are exempt regardless of employer status.
Q: How does the wage-weighted lottery change my odds?
A: It depends on your prevailing wage level. Level 4 wages (90th+ percentile) get highest priority — near-guaranteed selection. Level 3 (67th-89th) gets significantly improved odds. Level 2 (50th-66th) is roughly neutral compared to pre-change odds. Level 1 (17th-49th) sees substantially reduced odds, potentially below 10%. To check your level, find the prevailing wage for your occupation and geographic area on the Foreign Labor Application Gateway (FLAG) and compare your offered wage.
Some companies are adapting better than others to the new PP10998 landscape. Search Wisa to find employers with strong H-1B filing records who are continuing to sponsor visas despite the policy changes. Search H-1B sponsors on Wisa →
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →PP10998 is a presidential proclamation signed in late 2025 that introduces major changes to the H-1B visa system. It took effect on January 1, 2026. Key provisions include a $100,000 fee per H-1B petition for H-1B dependent employers, mandatory social media vetting for all visa applicants (effective December 15, 2025), a wage-weighted H-1B lottery for FY2027, and enhanced travel restrictions for certain nationalities.
No. The $100,000 fee only applies to 'H-1B dependent employers' — companies where 50% or more of U.S. employees are on H-1B or L-1 visas. This primarily affects IT outsourcing and consulting firms. Most direct-hire tech companies (Amazon, Google, Microsoft, Apple, Meta), universities, nonprofits, and government research organizations are exempt. Additionally, workers earning above $200,000 or holding a U.S. STEM doctoral degree are individually exempt regardless of employer status.
Starting with FY2027 (registration in March 2026), H-1B lottery selection will be weighted by wage level relative to the prevailing wage. Level 4 wages (90th+ percentile) get highest priority with near-guaranteed selection. Level 3 (67th-89th percentile) gets significantly improved odds. Level 2 (50th-66th percentile) has roughly neutral odds. Level 1 (17th-49th percentile) faces substantially reduced selection odds, potentially below 10%. This system favors senior, higher-paid positions over entry-level roles.
PP10998 faces three major legal challenges as of March 2026: (1) ITServe Alliance challenged the $100K fee in East Texas — a federal judge upheld it, now on appeal to the 5th Circuit. (2) AILA challenged the wage-weighted lottery in D.C. District Court arguing it violates INA random selection requirements — preliminary injunction denied, trial expected Q3 2026. (3) ACLU challenged mandatory social media vetting on First Amendment grounds — case in early stages. The bipartisan WISA Act has been introduced in the Senate to legislatively reverse these changes but passage is considered unlikely in the current Congress.