H1B Visa Fee Rule Begins Today: 5 Things To Know About The New Rule

President Donald Trump recently signed an executive order increasing the fees for H-1B visas. This move is part of a broader effort to address what he describes as the misuse of the H-1B visa program by IT companies. The President's statement highlighted that these firms have exploited the system, replacing American workers with cheaper foreign labor.

The executive order specifies that each H-1B visa petition must now include a payment of $100,000. This change aims to discourage companies from using the program to hire lower-paid, lower-skilled workers instead of supplementing the American workforce with high-skilled talent.

Key Conditions and Exceptions

The new fee structure will take effect at 12:01 am Eastern Daylight Time on September 21, 2025. It applies solely to individuals entering or attempting to enter the United States after this date. If not extended, this restriction will expire one year later.

There are provisions for waivers in certain cases. The Secretary of Homeland Security can waive the fee for individual aliens, all employees of a company, or entire industries if their employment serves national interests and doesn't threaten national security or welfare.

Verification and Compliance

Employers must maintain proof of payment, while the Secretary of State is responsible for verifying receipt. The Department of Homeland Security and the Department of State will deny entry to those whose employers haven't made this payment.

Additionally, President Trump has instructed the Secretary of Labor to revise current wage levels to align with the proclamation's policy goals. This revision aims to ensure that wages reflect the skills and contributions of H-1B workers.

Future Recommendations

A report is due no later than 30 days after the next H-1B lottery following this proclamation. This report will recommend whether extending or renewing entry restrictions aligns with U.S. interests. It will be prepared by several key officials, including the Secretary of State and Attorney General.

The President also tasked the Secretary of Homeland Security with prioritizing high-skilled and high-paid nonimmigrants in future admissions. This aligns with efforts to enhance U.S. competitiveness by attracting top global talent.

This executive order reflects ongoing debates about immigration policies and their impact on American workers and industries. As these changes unfold, stakeholders will closely monitor their effects on both domestic employment and international talent acquisition.