H-1B Visa
Close up of a Visa spamp in a passport. Immigration and emigration concept

Legal but Vulnerable: The Precarious Life of H-1B Workers

Reports from late September 2025 indicate that the U.S. administration, under President Donald Trump, has signed a proclamation adding a new fee of $100,000 for H-1B visa applications. This is a significant change to the H-1B visa program, which has historically had total fees in the range of a few thousand dollars.

Here is a summary of the key details:

  • New Fee Structure: The new policy introduces an annual fee of $100,000 that employers must pay for each H-1B worker. This is in addition to the existing fees, which typically include a registration fee, a filing fee, and other charges for training, fraud prevention, and asylum programs.
  • Purpose: The administration has framed this change as a way to prioritize “top-tier, high-salary roles” and protect American jobs. The goal is to ensure that companies use the program to hire only highly skilled individuals who are not replaceable by American workers.
  • Impact on Current Visa Holders: According to some reports, the fee does not apply to current visa holders who are in the U.S. However, it may impact those who are currently outside the country. Some sources report that H-1B visa holders abroad have been advised to return to the U.S. immediately to avoid being denied re-entry. Other reports from a White House spokesperson suggest the fee only applies to future applicants in the next lottery.
  • Targeted Industries: The new fee is expected to have a significant impact on technology giants and IT outsourcing firms that rely heavily on the H-1B program to hire foreign workers, particularly from India, which has historically received the majority of H-1B visas.
  • Legal Challenges: The executive order is facing criticism and is expected to be challenged in court, with legal experts questioning the president’s authority to impose such a fee without congressional approval, as Congress has already set the H-1B fee structure.

What is an H-1B Visa?

The H-1B is a non-immigrant visa in the United States that allows U.S. employers to temporarily hire foreign workers in “specialty occupations.” These are jobs that require specialized theoretical or technical knowledge and typically a minimum of a bachelor’s degree or its equivalent.

The H-1B program has been a subject of significant policy debate and changes. Most recently, the U.S. administration, under President Donald Trump, has signed a proclamation adding a new fee of $100,000 for H-1B visa applications, a change that is expected to significantly impact the program and is already facing legal and political challenges

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