September 24 – The Trump administration’s decision to impose a new $100,000 fee on H-1B visa applications has sparked widespread concern among immigrant workers, major corporations, and immigration attorneys. The change, announced in a presidential proclamation, marks one of the most significant overhauls to the visa program in its 35-year history. While the White House insists the fee applies only to new applicants, uncertainty remains, particularly for current H-1B holders who may need to travel or change employers.
The H-1B program has been a cornerstone for the technology and financial sectors, enabling highly skilled foreign workers to contribute to companies like Google, Apple, Amazon, and Microsoft. With roughly 700,000 H-1B holders already in the United States, the introduction of this fee raises critical questions about the program’s future, its affordability, and its impact on both employers and employees.
The number of H-1B petitions approved by U.S. Citizenship and Immigration Services (USCIS), broken down by employer.
Data covers Oct. 1, 2024 – the start of the 2025 federal fiscal year – through June 30, 2025.
Chart: The Info Zone News
Source:
U.S. Citizenship and Immigration Services
Who Will Pay the $100,000 Fee?
Under existing H-1B rules, it is the employer who must cover application fees, not the visa applicant. Immigration attorneys emphasize that the new $100,000 cost will most likely follow the same model. This creates a significant financial hurdle for businesses. In practice, the new amount is nearly ten times higher than the fees employers previously paid, which means companies may be far less willing to sponsor foreign workers.
Attorney Emily Neumann, who frequently advises corporations on immigration matters, explained that many businesses are unlikely to spend that kind of money unless they are hiring top-tier talent. As a result, the rule aligns with the administration’s stated goal of encouraging companies to hire domestically instead of relying on overseas professionals.
President Trump, in the proclamation, justified the steep increase as necessary to deter misuse of the program. He argued that companies have often used the H-1B system to undercut wages of American workers, and the new cost serves as a corrective measure.
When Does the New Policy Begin?
The $100,000 charge went into effect on September 21 at 12:01 a.m. eastern time, according to the administration’s official announcement. Any new H-1B petitions filed after that time must include the one-time fee in order to be processed.
Each year, the U.S. government issues 85,000 H-1B visas, reserved for highly skilled workers who generally hold at least a bachelor’s degree in specialized fields. Since the cap for this fiscal year had already been reached before the proclamation, the immediate financial impact will not be felt until the next application cycle begins.
That timing, however, has left many applicants and employers scrambling to understand what the change means for their long-term planning. Immigration specialists note that businesses may reconsider relying on H-1B hires in the future, particularly smaller firms that lack the resources of large tech or financial companies.
Challenges for Current H-1B Holders
While the administration clarified that the fee applies only to new applications, lawyers say there are still gray areas. For instance, workers who need to extend their visas or switch employers often file new petitions. If those petitions are submitted after September 21, it remains unclear whether the fee will apply.
This uncertainty has led some companies to urge their employees to avoid traveling outside the United States until more guidance is issued. Neumann highlighted that the administration’s own frequently asked questions document states the new requirement applies to “any other H-1B petitions submitted” after the start date. That language, she warned, leaves the door open to broader interpretations that could affect renewals or changes in employment.
Jeff Joseph, president of the American Immigration Lawyers Association, echoed those concerns. He advised clients to refrain from leaving the country until official clarification is provided. “Until we have more concrete guidance, it’s safer for people to remain in the U.S. rather than risk complications at the border,” Joseph explained.
Impact on the H-1B Program
Experts warn that the $100,000 fee could have a chilling effect on the program overall. By making sponsorship prohibitively expensive, the rule may discourage companies from hiring international talent altogether. While the technology sector is the most visible beneficiary of the H-1B program, other industries depend heavily on it as well.
Healthcare is one such example. Hospitals and medical centers often turn to international doctors and specialists to fill shortages in underserved areas. Joseph pointed out that such employers may struggle to absorb the massive new costs, which could affect patient care in communities where staffing is already limited.
Data from recent years shows that more than 70 percent of H-1B recipients are from India, with China as the next largest contributor. Smaller numbers come from Canada, South Korea, the Philippines, Mexico, and Taiwan. This global pool of workers has been a vital resource for U.S. employers, and the new fee may significantly reduce the number of applicants willing or able to pursue opportunities in the country.
Questions Around National Security Exemptions
The proclamation also includes a clause allowing exemptions from the fee for workers or companies deemed to serve the “national interest.” However, there is currently no clear process for how those exemptions would be applied. Immigration attorneys say it remains unclear which federal agency will oversee the process or how employers can demonstrate eligibility.
Neumann emphasized that without guidance, companies cannot make informed decisions about whether to seek exemptions or how to prove that their workforce supports critical national interests. Until rules are published, businesses are left in limbo.
The White House has not provided additional details on how the exemption process will work. As a result, uncertainty persists, leaving both employers and employees anxious about what comes next.