Trump Expands H-1B Protections with $100,000 Fee to Protect U.S. Jobs

(UNITED STATES) President Donald Trump has ordered a sharp new cost on H-1B visas, signing a Presidential Proclamation on September 19, 2025 that creates a $100,000 fee for many new petitions. The move, aimed at stopping U.S. workers from being replaced by foreign labor, is already forcing global employers to rethink how and where they hire skilled staff.

What the proclamation does

Under The proclamation, the new $100,000 “visa integrity fee” applies to H-1B petitions filed on or after September 21, 2025 for workers who are currently outside the United States 🇺🇸. Companies that want to bring in new H-1B workers from abroad will have to pay this additional amount on top of normal filing fees and legal costs.

The proclamation directs agencies to treat the fee not just as revenue but as a tool to reshape employer behavior. By making each new overseas H-1B hire dramatically more expensive, the administration aims to push companies to consider U.S. workers first — whether by expanding recruitment, offering higher wages, or investing more in training and apprenticeships onshore.

Key point: The intention is to discourage employers from hiring overseas H-1B workers as a cheaper alternative to U.S. staff and to curb perceived “abuses.”

Who is affected — and who is exempt

• The $100,000 fee applies to H-1B petitions filed on or after September 21, 2025 for beneficiaries outside the U.S.
• Exemptions include:
  • Existing H-1B visa holders
  • Petitions filed before September 21, 2025
  • Renewal or extension requests

These exemptions are explicitly stated and provide relief to thousands of current workers and employers who feared sudden new costs to keep existing personnel.

Summary table: Scope and timing

Duration, intent, and administration message

The proclamation is set to run for 12 months from September 21, 2025, though the President left the door open to extending it. The White House presented the step as a targeted, time-limited action rather than a permanent redesign of the system, but businesses and immigration lawyers are already treating it as a fundamental change to the economics of cross-border hiring.

White House Press Secretary Karoline Leavitt said Trump remains focused on keeping American jobs for American workers and rebuilding U.S. manufacturing. She stressed that foreign companies setting up U.S. plants or offices should make a serious effort to hire locally rather than relying on imported talent through H-1B visas.

Administration’s balancing act

Trump has not adopted calls from some Republican voices to end H-1B visas entirely. He continues to argue the program serves industries that need highly specialized skills still scarce domestically — for example, advanced semiconductor production and defense technology — where foreign experts can help train Americans before roles fully shift to U.S. workers.

This dual message — tough protectionist rhetoric paired with guarded support for limited high-skill migration — runs through the proclamation. The $100,000 fee is described as a way to curb “abuses” and discourage employers from hiring H-1B workers merely because they are cheaper than U.S. staff, rather than because of real skill shortages.

Industry impact and analysis

According to analysis by VisaVerge.com, the fee will likely hit hardest in industries that have long relied on large numbers of entry- and mid-level H-1B workers abroad, particularly information technology and outsourcing. For firms that file dozens or hundreds of petitions each year, an added six-figure charge per worker could amount to many millions of dollars if previous hiring patterns continue.

Business groups and immigration attorneys warn that in fields like science, technology, engineering, and mathematics (STEM), pricing out global talent could slow innovation and weaken U.S. competitiveness. Their challenge will be convincing federal officials that specific hires meet the high bar implied by the proclamation’s national interest language.

Enforcement: “Project Firewall”

The Department of Labor has supported the policy shift with a new enforcement effort called “Project Firewall.” This initiative aims to tighten checks on employers using H-1B workers, focusing on cases where American workers may have been:

• displaced
• underpaid
• asked to train their foreign replacements

Officials plan to use audits and investigations to test employer compliance with wage rules and labor protections.

Labor advocates say enforcement is essential: without consistent inspections and penalties, even a $100,000 fee could be absorbed as just another business cost by deep-pocketed firms.

National interest waivers and uncertainties

The proclamation allows for fee waivers when hiring certain foreign workers is considered in the national interest. Possible covered areas might include advanced defense projects or critical technologies, but the proclamation does not specify which sectors qualify.

It also remains unclear whether healthcare workers, who were vital during the pandemic and face persistent shortages in some regions, will be covered by waivers.

Business groups and immigration lawyers are closely scrutinizing the national interest language because waivers could be the key to keeping essential hires possible in certain sectors.

Practical consequences and possible employer responses

For foreign professionals hoping to come to the U.S. on H-1B visas, the change adds a new layer of uncertainty. Official eligibility rules for the H-1B remain unchanged — applicants still need at least a bachelor’s degree (or equivalent) in a specialty occupation and a U.S. employer sponsor — but many fear fewer companies will be willing or able to pay an extra $100,000 for overseas hires.

Some likely employer strategies include:

1. Focus on candidates already in the U.S. (e.g., students on Optional Practical Training) and change their status to H-1B, avoiding the additional charge.
2. Prioritize internal recruitment, apprenticeships, or higher wages to attract U.S. workers.
3. Reassess global staffing strategies, possibly shifting more operations overseas if hiring in the U.S. becomes too costly.

Note: Because the fee applies only to workers outside the U.S., firms may prefer in-country hiring — but that is constrained by the existing H-1B cap and lottery system.

Equity concerns

The distinction between workers inside and outside the U.S. has drawn criticism for potentially creating an uneven playing field. For example:

• Graduates of U.S. universities may become more attractive to employers than equally qualified candidates who studied abroad, simply because they avoid the $100,000 fee.
• Supporters say this tilt encourages long-term settlement of skilled workers who trained in the U.S. and supports American colleges.

Process reminders

Despite the new fee, the core H-1B process remains the same:

• Employers must file a Labor Condition Application with the Department of Labor.
• Employers must submit an H-1B petition to U.S. Citizenship and Immigration Services confirming required wages and legal standards.

Official guidance on H-1B requirements and processes is available on the USCIS H-1B specialty occupations page: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations

Political context and precedent

Policy analysts note this is not Trump’s first attempt to reshape high-skilled migration through executive action. During his earlier term, he used regulations and proclamations to narrow access to several work visa categories. This proclamation fits the pattern of using executive authority to change how existing laws operate in practice, rather than waiting for Congress to rewrite statutes.

Within the Republican Party, some lawmakers and activists press for going further — including ending H-1B visas entirely. Trump has resisted those demands while criticizing past “abuses,” maintaining the view that targeted inflows of high-skill workers remain necessary for U.S. competitiveness.

Risks and industry reactions

• Labor advocates: argue enforcement must be robust to prevent wage undercutting, misclassification, or outsourcing; otherwise the fee could be a mere cost of doing business.
• Immigrant-rights groups and many employers: warn a steep charge could push investment and jobs abroad, particularly for sectors that can operate remotely or through global teams.

Immediate business actions and consequences

Companies that rely on H-1B visas are swiftly reviewing pipelines and budgets. Human resources and legal teams are:

• Identifying which cases will trigger the fee
• Assessing impacts on offers already made to overseas candidates
• Debating whether to delay or cancel transfers pending clarity on possible extensions beyond the 12‑month term

Foreign workers waiting abroad for employers to file new H-1B petitions face limbo. Some offers may be withdrawn if paying an extra $100,000 is deemed unrealistic; others may pursue alternative routes such as studying in the U.S. first or seeking jobs in other countries.

What to watch next

As agencies issue guidance and apply the proclamation, stakeholders will monitor:

• How frequently national interest waivers are granted
• How aggressively “Project Firewall” is used in audits and investigations
• Whether the proclamation is extended beyond 12 months

These outcomes will determine whether the policy serves mainly as a symbolic deterrent or becomes a lasting barrier to bringing new foreign talent from overseas into the U.S. workforce.