President Donald Trump has issued a proclamation that introduces a $100,000 fee for new H-1B visa applications. According to the White House, this measure is an “important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers.”
Initial proclamation suggests additional guidance will follow
The proclamation requires that a $100,000 payment accompany any new H-1B visa petitions submitted after 12:01 a.m. on Sept. 21, 2025. The proclamation states that the fee requirement will expire after one year, unless it’s extended. It directs the Secretaries of State, Labor, and Homeland Security, along with the Attorney General, to submit a recommendation on extending the fee requirement no later than 30 days after the completion of the H-1B lottery that immediately follows the proclamation.
The document allows an exception “for any individual alien, all aliens working for a company, or all aliens working in an industry,” if the Secretary of Homeland Security determines “that the hiring of such aliens … is in the national interest and does not pose a threat to the security or welfare of the United States.” The proclamation doesn’t offer any specifics on what constitutes “the national interest.” It states that this determination is left to the discretion of the Secretary of Homeland Security, and the document doesn’t include any instructions to the secretary to initiate a rulemaking process that would produce guidance.
According to an FAQ sheet issued by the Department of State, the proclamation does not:
- Apply to any previously issued H-1B visas, or to any petition for a new visa submitted before the Sept. 21, 2025, effective date.
- Change any payments or fees required to be submitted in connection with any H-1B renewals.
- Prevent any holder of a current H-1B visa from traveling in and out of the United States.
The president’s order directs the Secretary of Labor to initiate a rulemaking process to revise the prevailing wage levels that employers are required to pay to visa holders, and it instructs the Secretary of Homeland Security to initiate a rulemaking process to “prioritize the admission … of high-skilled and high-paid aliens.”
Businesses that rely on H1-B visas should act quickly
The evolving H-1B policy reflects an increased focus on highly skilled talent in specific sectors and introduces stricter oversight for entry-level or lower-wage positions. Employers that rely on H-1B visas to manage an international workforce should:
- Identify current H-1B holders and closely monitor their visa expiration dates to avoid disruptions.
- Adjust budgets as necessary to account for new H-1B applications that can’t qualify for a national interest exception.
- Explore alternative visa pathways or consider remote hiring options for roles affected by changing visa requirements.
- Ensure that HR and hiring managers receive timely updates on policy changes to maintain compliance and agility.
- Consult with legal counsel as needed and provide regular updates to internal stakeholders.
Trump’s proclamation states that the new H-1B application fee is an “initial and incremental step” toward reform in this area. Employers that utilize the visa process to hire international employees to work in the United States will need to stay informed and be prepared for additional changes as the immigration landscape continues to shape the future of the U.S. workforce.
