President Donald Trump signed a proclamation on September 19, implementing one of the most dramatic changes to the H-1B visa program in decades by requiring a $100,000 fee for new applications, effective September 21, 2025.
The presidential proclamation restricts entry for H-1B nonimmigrant workers unless their employer pays a $100,000 fee to accompany new petition filings. The policy directs the Department of Homeland Security to deny petitions from workers currently outside the United States that lack the required payment, with case-by-case exemptions available only if deemed in the national interest.
Commerce Secretary Howard Lutnick, who appeared alongside Trump during the signing, explained the administration’s rationale: “If you’re going to train someone, you should train a recent graduate from one of our nation’s esteemed universities. Let’s train Americans and refrain from bringing in individuals to take our jobs”. The White House argued the fee would address alleged program abuses and protect American workers from unfair wage competition.
The policy also directs the Department of Labor to revise prevailing wage levels for H-1B positions and prioritizes high-skilled, high-paid workers. Trump stated that the changes would likely result in fewer H-1B visas being issued from the annual cap of 85,000, as companies would find sponsorship “just not economically viable anymore.”
Initially, the proclamation’s language created confusion about whether it applied to current visa holders, prompting urgent clarifications from the White House that the fee only affects new applications filed after September 21, 2025, and does not impact renewals or existing visa holders’ ability to travel.
Among Fortune 500 companies, Amazon leads H-1B usage with 12,391 workers across its subsidiaries, followed by Microsoft with 5,189 and Meta with 5,123 H-1B visa holders. The new fee structure could cost these companies millions of dollars annually in additional sponsorship expenses.
Immigration law firms and business associations warned that the fee effectively transforms the H-1B into a “luxury work permit” accessible only to wealthy corporations. Legal experts noted that compliance challenges would be particularly difficult for startups operating without profitability for years.
The policy has raised concerns about creating an uneven playing field where only the largest companies can afford the fees or qualify for national interest exemptions, similar to patterns seen with certain existing tariff policies.
Despite White House clarifications, significant uncertainty remains about the policy’s implementation and enforcement mechanisms. Immigration attorneys have described the situation as “flying in somewhat foggy conditions” as they work to understand the full scope of the changes.
Emergency litigation is expected from affected workers and employers seeking nationwide injunctions to halt implementation. Legal challenges will likely focus on the precipitous implementation timeline and potential due process concerns.
