How the New H-1B Regulations Affect Indonesian Applicants & Holders (2025 Update)

Introduction

If you’re an Indonesian currently holding an H-1B visa or planning to apply, you may have seen recent headlines about sweeping changes to the H-1B program. These new rules—and proposed rules—could have substantial effects on who qualifies, how much it costs, and how likely you or your employer’s petition is to succeed.

Below I’ll explain in plain language what’s changing, what’s unchanged, and what strategic steps you should consider.

Recent and Proposed Changes: What You Need to Know

Here’s a breakdown of the most important new or proposed H-1B changes (as of late 2025) and how they might impact you.

Change / Rule	When Effective	What It Does	Who It Affects	Notes / Exceptions
$100,000 “entry” fee	For new petitions filed after 12:01 a.m. ET on Sept. 21, 2025 (USCIS)	Any new H-1B petition must include a $100,000 payment (on top of existing fees) (USCIS)	New applicants (initial petitions) filed after Sept 21, 2025	Does not apply to existing H-1B visa holders or petitions filed prior to the effective time (USCIS)
Proposed weighted lottery / wage prioritization	Under proposed DHS rule (if finalized)	Instead of a pure random lottery, the system would assign weights in favor of higher wages / higher-skilled roles (Federal Register)	New cap-subject applicants, especially for the lottery	If implemented, lower wage / entry level roles may become less competitive. (Federal Register)
January 17, 2025 final rule (integrity / procedural reforms)	Effective Jan 17, 2025	Modified the registration and petition process, increased oversight, updated Form I-129 rules (USCIS)	All petitions filed under new rule	Older petitions must comply with the updated Form I-129 (01/17/25 edition) after that date (USCIS)
Duration, renewals, travel unaffected (for current holders)	Immediately	Current H-1B visa holders remain exempt from the new fee; renewals/extensions of status are not subject to the $100K new-petition fee (USCIS)	People with existing valid H-1B status	You should still be able to travel in and out of the U.S. under your existing visa. (USCIS)
Cap-exempt institution uncertainty	Immediately / TBD	It’s unclear whether new petitions filed by cap-exempt organizations (e.g. universities, non-profits) will also require the $100K fee	Applicants through universities, research institutions	Some institutions may push for clarification or exceptions (Morgan Lewis)

What This Means for Indonesian H-1B Holders & Applicants

Below is an interpretation of the likely impacts and guidance tailored for Indonesians considering or holding H-1B status.

1. If you already hold an H-1B visa (or your petition is already approved)

• You’re largely safe from the new fee. The fee does not apply to existing H-1B visas or renewals/extensions of status. (USCIS)

• Travel / visa stamping: You should still be able to travel abroad and re-enter under your valid H-1B, as the changes do not void your existing visa. (OISS)

• Change of employer / amendments: These are considered petitions, but because your status is active, you likely will not be subject to the new entry fee—though there is some ambiguity in how consular processing or international travel might be treated. (Morgan Lewis)

Bottom line: Your current status, if valid, should remain intact under the new proclamation.

2. If you plan to apply for H-1B (initial / first-time petition) after September 21, 2025

• Your employer must factor in an additional $100,000 payment in your petition budget.

• Because of that cost, some employers—especially smaller ones—may hesitate to sponsor or may limit sponsorship for roles with lower salary offers. (Some companies may simply stop doing H-1B for new hires where they don’t expect a strong return on that investment.)

• You’ll face heightened competition if the weighted lottery rule is adopted. If your job is at a lower wage level (or entry level), your probability of being selected may drop under the new system. The DHS proposal suggests level I wages’ selection probability would drop ~48 % under weighted approach. (Federal Register)

• Employers will need stronger documentation to justify the wage level and safeguard against manipulation, or their case may be denied or revoked. (Holland & Knight)

• Because Indonesia historically submits relatively few H-1B petitions (e.g. 417 petitions in FY 2019) and is not a major source compared to India or China, the barrier from cost and competition may be more significant for Indonesian applicants.

  
  

3. For those already in the U.S. on another visa (e.g. F-1, OPT) considering a change to H-1B

• If you file a change-of-status to H-1B (i.e., petitioning to convert from F-1 to H-1B without leaving the U.S.), that petition is considered a “new petition” under the new rules. So the $100K entry fee likely applies.

• Because change-of-status is treated similarly to a new petition, the same risk of higher cost and higher competition applies.

  
  

Strategic Tips & Recommendations for Indonesians

1. Push for premium / higher wage rolesIf possible, seek employers willing to pay higher wages. The higher-wage roles have better odds under the proposed weighted lottery.

2. Time your applicationIf you can file before September 21, 2025, your petition will not be subject to the $100,000 fee. That may give you a significant financial and competitive advantage.

3. Target cap-exempt institutionsUniversities, research labs, or non-profits often have exemptions from the H-1B annual cap. There’s some uncertainty whether the $100K fee will apply to new petitions by cap-exempt organizations, but these routes may remain more stable. (Morgan Lewis)

4. Prepare the documentation carefullyEnsure that job descriptions, salary justifications, and LCA (Labor Condition Application) forms are well documented and defensible. Given the heightened scrutiny, weaker petitions may be denied or revoked under the new rules. (Holland & Knight)

5. Monitor rulemaking & engageThe weighted lottery is still in proposed rule stage (public comment period). Stakeholders can submit comments. (Federal Register)Watch for clarifications from USCIS, DHS, and State Department, especially regarding cap-exempt and change-of-employer petitions.

6. Consider alternativesDepending on your qualifications and field, consider visa alternatives (O-1, J-1, etc.) or green card strategies. If H-1B becomes too costly or difficult, diversifying your visa plan might be wise.

7. Stay ready for legal / administrative challengesGiven how sweeping the $100K fee is and how quickly it was announced, legal challenges are likely. Policy details might shift. Keep informed via trusted immigration attorneys and official sources.

   
   

Supporting Context: Indonesian H-1B Usage & Broader Trends

• In FY 2019, Indonesians filed 417 H-1B petitions (initial + continuing) (178 female, 239 male).

• Compared to major source countries (like India or China), Indonesia’s share is small, which means any increase in cost or competition can disproportionately affect Indonesian applicants.

• Because H-1B holders often stay multiple years (renewals, transfers), the “stock” of Indonesians on H-1B in the U.S. likely numbers in the low thousands.

• The new $100K fee is expected by JPMorgan analysts to reduce new work authorizations by around 5,500 per month, suggesting the policy will significantly shrink new H-1B inflows. (Business Insider)

Thus, Indonesian applicants will be operating in a tighter, higher-cost environment.