Government Affairs Update from the GBA Emerging Issues & Trends Committee

GBA’s Emerging Issues & Trends Committee recently received the following important updates and insights from Terracon’s Eric Wooten, J.D., Government Affairs Lead, Senior Associate, Sustainability & Resiliency Practice Lead, and Senior Environmental Manager:

U.S. Department of Transportation (USDOT) Disadvantaged Business Enterprise (DBE)
• October 3: USDOT published an Interim Final Rule that removes race and gender presumptions; all DBE firms must undergo individualized recertification.
• Until reevaluations occur, agencies cannot set or count DBE goals. This creates short-term uncertainty for federally funded projects.
• Existing contracts remain unaffected. New awards may be delayed as states apply new standards.

H-1B Visa Program
• September 19: A Presidential Proclamation imposed a new $100,000 fee on employers for each new H-1B petition approved.
o This fee applies only to new H-1B visa applicants, not to renewals or individuals seeking reentry to the United States.
o U.S. Citizenship and Immigration Services (USCIS) has published an FAQ and memorandum regarding the Proclamation.
• September 24: Department of Homeland Security published a proposed rule to replace the random H-1B lottery with a wage-weighted selection system. The new system would prioritize higher-paid positions and reduce selection odds for entry-level roles.
o Implementation could begin with the 2026 registration cycle.
• October 22: USCIS clarifies who must pay $100,000 fee for H-1B visas.
o The fee does not apply when a visa applicant files to move from one type of visa to another, such as from an F-1 visa for non-U.S. students to H-1B status.

U.S. Department of Energy (DOE) Funding Cancellations/Returns
• September 24: DOE returned $13B in unobligated clean energy funds to the U.S. Treasury.
• October 2: DOE terminated ~$7.56B in clean energy awards supporting 223 projects. This materially reduces the near term clean energy project pipeline.

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