Trump’s $100K H-1B Fee Sparks Chaos for Chinese Talent in U.S.

(UNITED STATES) A sweeping immigration Proclamation signed on September 19, 2025, by former President Donald Trump and effective at 12:01 a.m. Eastern Time on September 21, has imposed a $100,000 H-1B visa fee on new petitions for workers outside the United States. The move, framed as a 12‑month restriction subject to review, has sent shockwaves across the tech sector and higher education, with Chinese professionals among those most alarmed by the sudden and steep cost.

The Department of Homeland Security will not approve petitions without the payment, and the Department of State will not issue visas where the fee has not been paid, according to administration guidance. The White House later clarified that the fee does not apply to current H‑1B holders or those already in the U.S. in H‑1B status.

Scope and legal basis

The policy’s scope is narrow but bruising: it targets only new H‑1B petitions filed for beneficiaries abroad, not extensions, amendments, or changes of employer for people already in H‑1B status inside the country. Still, employers say the $100,000 sum is a practical barrier that could block most new overseas hires for the next year.

The Proclamation cites sections 212(f) and 215(a) of the Immigration and Nationality Act as the legal basis to restrict entry when it’s deemed harmful to national security or public welfare.

Restrictions on B visas and start-date guidance

Officials have also directed the State Department to issue guidance to prevent misuse of B visas (short-term visitor visas) by people with approved H‑1B petitions whose start dates come before October 1, 2026. That advisory step appears aimed at closing a common bridge strategy used by some employers to bring workers to the United States temporarily while waiting for H‑1B start dates.

Exemptions and uncertainty

Under the Proclamation, the Secretary of Homeland Security may grant case-by-case or sector-based exemptions if hiring H‑1B workers is in the “national interest” and does not threaten U.S. security or welfare. However, the criteria remain unclear.

Employers and immigration lawyers say the lack of a transparent process leaves them guessing which companies, industries, or roles might qualify, and on what timeline. VisaVerge.com reports that in the first days after the rollout, employers asked basic questions—how to pay, how to show proof, and whether any industries would be pre-cleared—but found few answers beyond the high-level policy text.

Timing and disruption during cap season

The fee’s effective date—during the H‑1B cap season planning window—has magnified the disruption. Many companies had shortlisted candidates overseas for the next cycle and now face budget decisions they did not anticipate.

Some employers are pausing overseas hires until the government completes its promised review after the next H‑1B lottery. That review, involving DHS, State, Labor, and Justice, is scheduled within 30 days after the upcoming lottery and could recommend extension, changes, or an end to the fee.

Impact on Chinese professionals and research hires

For Chinese engineers, researchers, and graduate students hoping to transition to U.S. jobs, the timing is particularly tough. University labs and venture-backed startups often rely on cap-subject H‑1B sponsorship to hire top master’s and Ph.D. graduates who are still abroad. A $100,000 surcharge knocks out many small budgets.

Larger firms with global campuses may shift hires to Canada or Europe to avoid the cost, even when the U.S. role was the first choice. According to analysis by VisaVerge.com, some multinational employers are already exploring near-term transfers to other offices rather than risk paying a fee that could change after the policy review.

Arguments for and against the fee

• Administration view: The added H‑1B visa fee will reduce misuse and protect U.S. workers. Some national security voices view it as a pressure valve against alleged program abuse.
• Critics’ view: Immigration attorneys predict a wave of legal challenges, arguing the fee looks less like processing cost recovery and more like an entry ban by price. They say it could be struck down as arbitrary or exceeding executive power.
• Industry concerns: Trade groups warn the policy will push work and investment abroad when companies need hard-to-find skills.

How this compares to past H‑1B costs

Previously, H‑1B costs centered on regular filing fees, fraud prevention fees, and, for many employers, additional ACWIA training and public law surcharges—totaling a few thousand dollars. The jump to $100,000 per new overseas petition is unprecedented.

The Proclamation’s 12‑month duration, with a possibility of extension, keeps long-term planning uncertain for human resources teams, foreign applicants, and university career offices advising international graduates.

Filing process and official resources

Employers that still plan to file must follow standard paperwork while preparing for the extra payment.

• H‑1B petitions are filed with Form I-129, Petition for a Nonimmigrant Worker—the base form used to request H‑1B classification.
• USCIS has not released a special add-on form for this fee; guidance indicates the payment must accompany the petition for it to be considered valid when the beneficiary is outside the United States.

Readers can review the H‑1B program’s fundamentals on the official USCIS page for specialty occupation workers at: H‑1B Specialty Occupations. Employers preparing filings should also have the core petition ready on Form I‑129.

Visa issuance remains a separate step run by the State Department.

• Applicants who secure approval from USCIS and plan to apply at a consulate must complete the online Form DS‑160 before a visa interview; those instructions are available through the State Department’s official portal: Form DS‑160.
• If the required payment has not been made with the petition for a beneficiary abroad, State will deny the H‑1B visa under the terms of the Proclamation.
• For applicants already in the U.S. in valid status, change-of-status cases continue without the new fee, based on the White House clarification.

Interagency review and exemptions—what to expect

The government’s promised interagency review after the next lottery is a critical waypoint. It may recommend that the fee:

1. lapse,
2. be extended, or
3. be narrowed by category or country.

For now, officials have offered no timeline for publishing exemption criteria or application instructions. The lack of clarity increases risks for time-sensitive hires in healthcare, chip manufacturing, and research labs where talent needs are immediate. For example, some hospitals and rural clinics sponsor H‑1B physicians for hard-to-fill roles; whether “national interest” exemptions will cover such hires is unknown.

Practical guidance for employers and applicants

Immigration lawyers recommend several practical steps while the Proclamation remains in effect:

• Map roles where an overseas hire is essential versus those that can be delayed or filled domestically.
• For candidates already in the U.S., consider change-of-status filings to avoid the overseas trigger.
• Prepare public-interest arguments now in case a formal national interest exemption process opens.
• Watch for State Department guidance about B visa use tied to early start dates before October 1, 2026.
• Track litigation updates that could suspend or narrow the fee.

Financial and human impacts

For many smaller firms, the math is simple: a $100,000 surcharge per overseas H‑1B petition is out of reach. Larger companies can pay, but many won’t if the policy could change within months.

Universities are urging agency clarity to avoid losing postdocs and research staff to other countries. Employers who do proceed will need airtight compliance records in case audits later test whether a petition truly fell under the new fee’s scope.

The human cost is already visible:

• A Chinese data scientist with a U.S. biotech job offer said her start date now hangs in the balance while the company reconsiders its budget.
• A robotics lab that had lined up two overseas Ph.D.s paused both hires and began scouting its Canada office instead.

These illustrate a broader recalculation as organizations measure the fee against project timelines and product roadmaps.

Legal outlook and next steps

While court challenges are expected, affected families should plan for months of legal back-and-forth.

• Lawsuits may argue that a pricing barrier of this size is not a permissible “entry restriction” under INA 212(f) or that it conflicts with the detailed H‑1B fee schedule Congress set by statute.
• If a court issues an injunction, the fee could be paused. If not, the policy could run the full 12 months, with the possibility of renewal.

In the meantime, companies and foreign professionals must choose between:

1. delaying hires,
2. rerouting hires to other countries, or
3. paying the fee and pressing forward.

Key takeaway and final reminders

For now, the rule stands: for new H‑1B petitions filed on behalf of beneficiaries outside the country, no $100,000 payment means no approval or visa issuance. People inside the United States with valid status and H‑1B offers remain outside the fee’s reach based on current guidance.

Practical reminders:

• Keep documentation tight.
• Avoid unnecessary international travel where it could trigger overseas processing.
• Monitor official announcements closely.

Readers seeking the technical process for H‑1B filings can review USCIS’s core petition on Form I‑129 and, for visa processing, the State Department’s standard online application on Form DS‑160 available through its official website.

While those forms are routine, the new H‑1B visa fee is not. Until courts or agencies revise the policy, the September 2025 Proclamation has changed the hiring equation for global talent—especially for Chinese professionals and other foreign workers who hoped to start U.S. jobs from abroad.