The Trump administration’s latest move on immigration has left employers, foreign professionals, and immigration attorneys scrambling. Through a proclamation issued last month, the administration announced a staggering new $100,000 visa fee for new H-1B petitions — a move that has upended a program that has been central to America’s high-skilled immigration system since 1992.
The proclamation, which took effect on September 21, 2025, is set to remain in force for 12 months, with the possibility of extension. It authorizes the Department of Homeland Security (DHS) to grant exemptions for individuals or companies deemed to serve the “national interest.” Experts warn that, without clear criteria or guidelines, this provision could open the door to favoritism and inconsistent enforcement.
On paper, the measure looks deceptively simple: a six-figure fee for each new H-1B petition. In practice, it has created chaos. There is no clear guidance on how, when, or to whom the money is to be paid. Should the amount be remitted at the time of filing a petition with U.S. Citizenship and Immigration Services (USCIS), or only later when applying for the actual visa stamp at a U.S. consulate abroad? Will USCIS collect the fee, or will the Department of State or Customs and Border Protection (CBP) be responsible? The proclamation itself, subsequent USCIS updates, White House press releases, and even CBP clarifications have sometimes contradicted one another.
Immigration attorneys say they are still waiting for official instructions from USCIS. Until then, many employers and workers are frozen in place. The lack of clarity can be paralyzing for H-1B aspirants and without concrete guidance, companies are unwilling to risk submitting petitions that may later trigger unexpected six-figure bills.
A program in limbo
The H-1B program, created by Congress in 1992, allows U.S. employers to hire foreign workers in “specialty occupations” that typically require a bachelor’s degree or higher in fields such as computer science, engineering, medicine, or finance. It has been a cornerstone of Silicon Valley’s growth and a pipeline for U.S. hospitals, universities, and research institutions.
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Under normal circumstances, the annual H-1B filing season already involves uncertainty. Each year, employers submit petitions through a registration and lottery system, as demand far exceeds the statutory cap of 85,000 new visas, including 20,000 reserved for individuals with advanced degrees from U.S. institutions.
For fiscal year 2026, many cap selected petitions are still pending with USCIS. It’s unclear whether these petitions will be retroactively subjected to the $100,000 fee.
Transfers, extensions, and gray zones
The proclamation specifies the fee applies to “new” H-1B petitions. But what about workers who previously held H-1B status, switched to another visa like H-4 or F-1, and now wish to return to the H-1B program? Are they considered “new” applicants, and therefore liable for the $100,000 charge? At present, USCIS has not clarified.
Similarly, while amendments and extensions are currently exempt, transfers between employers fall into a gray area. Many companies and employees are reluctant to initiate transfers, fearing they could later be retroactively billed. The result is a chilling effect: talented workers feel trapped in jobs they may otherwise leave, while employers who desperately need skills hesitate to file petitions.
A six-figure barrier
Beyond the confusion, the fee itself represents a seismic shift. At $100,000 per petition, it is orders of magnitude higher than existing H-1B filing costs, which currently total around $6,000 to $7,000 depending on legal and government fees. For smaller companies, startups, universities, and nonprofit research labs, the new requirement could be prohibitive.
Critics say the measure amounts to a de facto ban on new H-1B hires, disguised as a fee increase rather than an outright prohibition, and compounded by proposed regulations introducing a weighted selection process that favors higher-paid applicants. Large tech firms with billions in cash reserves might absorb the cost, but smaller employers will be shut out. That tilts the system further in favor of giants while undermining innovation ecosystems that thrive on diversity and fresh talent.
For workers, the prospect of being worth “$100,000 up front” changes the psychology of hiring. Employers may decide that no individual applicant is worth that kind of risk, especially when combined with existing wage requirements and compliance costs.
Political backdrop
The Trump administration has long been hostile to the H-1B program, framing it as a threat to American jobs. During his first term, Trump suspended H-1B visas altogether for several months in 2020, citing pandemic-related unemployment. His advisers have frequently argued that the program depresses wages and allows companies to replace American workers.
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This new fee, though, takes that skepticism to a new level. By pricing out most employers, it effectively guts the program without passing new legislation. Supporters frame it as a way to “protect American jobs,” but critics see it as a reckless attack on a program that has fueled U.S. competitiveness for three decades.
Indian nationals, who historically account for nearly three-quarters of H-1B recipients, are likely to be disproportionately affected. That raises diplomatic concerns at a time when Washington is seeking to deepen ties with New Delhi. For years, the H-1B has been not only a work visa but also a cultural bridge between the two countries.
Ripple effects
The uncertainty is already reverberating through corporate America. Tech companies say the new policy could derail projects dependent on high-skilled talent. Universities fear losing international scholars who contribute to research and teaching. Hospitals warn of staffing shortages in specialized fields.
There are also broader economic implications. High-skilled immigrants on H-1B visas have been shown to contribute significantly to patent filings, startup formation, and overall economic growth. Shutting down that pipeline could reduce U.S. competitiveness just as other nations, from Canada to Australia, are opening doors wider to global talent.
A call for clarity
At minimum, businesses, workers, and attorneys say they need clear, consistent guidance. Who pays? When? Where? And for which petitions? Until USCIS issues definitive rules, uncertainty will paralyze decision-making.
But even with clarity, the larger issue remains: a $100,000 fee fundamentally changes the nature of the H-1B program. It risks turning what was once a tool for attracting the world’s best and brightest into a gated system accessible only to the wealthiest corporations.
As with so many immigration policies of the Trump era, the question is not only about legality but about values. Does the United States still want to be a magnet for global talent? Or will it price itself out of the competition?