H1B $100,000 Executive Order

On September 19, 2025, President Trump once again imposed restrictions on a class of immigrants: H1-Bs, the class of visa used by employers to bring in high-skilled workers.

The H1-B visa program is for highly educated, highly skilled workers such as medical professionals or tech engineers. For someone to get an H1-B, the American company seeking the H1-B must, among other things, attest that the foreigner will earn about the same salary that an American worker would earn in that job. In addition, Congress limited H1B to no more than 85,000 visas, issued through a lottery system each year.

Previously, it cost companies $215 to register for the lottery, along with several filing fees, once a candidate is selected. Now, if the proposal goes into effect, it will cost an extra $100,000 for H1-B petitions submitted after 12:01 Eastern Daylight Time on September 21, 2025.

The $100,000 is also only for new petitions, not renewals. This Proclamation does not apply to

  • H-1B Extension of Status,
  • H-1B Transfer/Change of Employer,
  • H-1B Amendment, or
  • H-1B Concurrent Employment.

If someone is already on an H1-B, they can renew without having to pay the large fee. It also does not prevent a current H1-B visa holder from traveling in or out of the United States. There are additional reforms under consideration and will be announced in the coming months.

The good news is that the policy is likely to be challenged in court because, usually, new visa fees, requirements, and changes can only be introduced through either legislation by Congress or a formal rulemaking process that would require months of public notice and comment.

If you are a U.S. employer or international worker who might be affected by this, please speak to an immigration attorney so you have a full understanding of all your options.