The Trump Administration announced on September 19, 2025, that it will charge companies $100,000 for new H-1B visas filed after September 21, 2025. This is a significant increase in the cost of H-1B visas that is expected to impact the ability of American companies to hire skilled workers from outside the U.S. The new policy, memorialized in a Presidential Proclamation¹ (Proclamation) and Fact Sheet,² is part of the Administration’s efforts to reduce immigration and increase pressure on businesses in the U.S. to train and hire American employees in lieu of importing foreign talent.

The new rules do not:

1. Apply to previously issued H-1B visas or petitions filed before September 21, 2025.
2. Change the payments or any fees required to be submitted in connection with any H-1B renewals. The fee is a one-time payment on submission of a new H-1B petition.
3. Prevent a holder of a current H-1B visa from traveling in or out of the U.S.
4. Cancel or revoke current H-1B visas.

The H-1B visa program has been a popular option among U.S. employers to hire nonimmigrant workers for U.S.-based positions. The program is limited to those who will be employed in a specialty occupation (typically in the science, technology, engineering, and math fields), have achieved a certain threshold of education and credentials, and who will perform work that aligns with their education and credentials. The program requires that H-1B visa holders be paid at or above a designated wage threshold and requires a filing fee. It previously cost between $1,700 and $4,500 for an H-1B visa.

The September 19, 2025, Presidential Proclamation and Fact Sheet set forth the following key changes:

1. The Secretary of Homeland Security is directed to restrict approvals for H-1B petitions from aliens outside the U.S. that are not accompanied by the $100,000 payment, but allows case-by-case exemptions if in the national interest.
2. Employers must retain documentation of payment remittance.
3. Agencies are directed to raise prevailing wage levels for H-1B workers in order to upskill the H-1B program and ensure that it is only being used to hire top temporary foreign talent.
4. The Department of Labor and Homeland Security will issue joint guidance for verification, enforcement, audits, and penalties related to compliance with the H-1B program. The Secretary of Homeland Security also will initiate rulemaking to prioritize high-skilled, high-paid H-1B workers.

Employers should take the following steps to prepare for the Proclamation’s impact:

1. Consider increasing domestic hiring or altering job design to reduce reliance on H-1B sponsorships.
2. When a visa is required, evaluate alternative visa categories (O-1, EB-1, EB-2, etc.) that may have a different fee and/or eligibility structures, but use the other categories only where appropriate.
3. Consider whether there is a basis for seeking an exemption from the $100,000 fee if your business is important to the national interest, which may include defense contractors, businesses involved in critical STEM and medical research and developments, and other essential businesses.
4. Budget for increased fees and higher prevailing wage rates.
5. Engage immigration counsel for legal advice on the Proclamation’s impact, especially as the Proclamation directs federal agencies to provide further guidance and/or initiate rulemaking and given the likelihood of litigation challenging the authority of the executive branch to impose the $100,000 fee on H1-B visas.

For more information about these issues from an employment law perspective, please contact Marina Tsatalis, Jason Storck, Susannah Howard, or Matt Gorman.

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[1] https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/

[2] https://www.whitehouse.gov/fact-sheets/2025/09/fact-sheet-president-donald-j-trump-suspends-the-entry-of-certain-alien-nonimmigrant-workers/