Immigration Legislation
What’s in Trump’s proclamation imposing $100K price for H-1B price functions? Bypass is feasible
September 22, 2025, 11:59 am CDT
President Donald Trump included a bypass opinion when he imposed a $100,000 price on functions for the H-1B visa program for expert international employees. (Photograph from Shutterstock)
President Donald Trump included a bypass opinion when he imposed a $100,000 price on functions for the H-1B visa program for expert international employees.
In his Sept. 19 proclamation, Trump mentioned the H-1B nonimmigrant visa program was created to convey momentary employees into america “to carry out additive, high-skilled features.” However this system “has been intentionally exploited to switch, relatively than complement, American employees with lower-paid, lower-skilled labor,” Trump mentioned.
The small print that comply with clarify when this system takes impact and the way Kristi Noem, the secretary of the Division of Homeland Safety, may create exceptions. In accordance with the proclamation:
• The entry of nonimmigrants into america to carry out providers within the H-1B specialty program “is restricted,” apart from these whose petitions “are accompanied or supplemented by a fee of $100,000.”
• The price requirement applies “solely to aliens who enter or try to enter america after the efficient date of this proclamation,” which is Sept. 21, 2025.
• The price requirement expires after one yr. U.S. officers should undergo Trump whether or not an extension or renewal of the price requirement is within the curiosity of america.
• The price requirement doesn’t apply if the secretary of the Division of Homeland Safety determines that H-1B hiring for an organization or an business “is within the nationwide curiosity and doesn’t pose a risk to the safety or welfare of america.”
• The secretary of the Division of Labor ought to start rulemaking to revise prevailing wage ranges and to prioritize admission of high-skilled and high-paid employees. The prevailing wage is the necessary minimal wage for H-1B employees, explains David J. Bier, director of immigration research on the Cato Institute, in a abstract of the brand new proclamation.
A White Home spokesperson has mentioned the price applies solely to new visas and never renewals, and it’ll apply to the following lottery cycle, in keeping with the Washington Publish. The lottery is used to decide on visa recipients out of the pool of certified candidates.
In accordance with Law360, the $100,000 price “is a major soar for H-1Bs.” Presently, there’s a $215 common submitting price together with different charges. There’s a $2,805 cost for premium processing service.
In 2020, Trump issued a proclamation banning new H-1B employees for 4 units of employees, however a federal choose preliminarily enjoined the motion, Bier identified. U.S. District Choose Jeffrey S. White of the Northern District of California mentioned in an October 2020 opinion Trump doesn’t have “unbridled authority to set home coverage relating to employment of nonimmigrant foreigners.”
Bier mentioned there isn’t any statutory foundation for a price that exceeds the price of functions processing, however “there’s some purpose for concern that the courts would uphold this motion” given “the obscure authorities in immigration regulation.”
Doug Rand, a senior adviser to the previous director of U.S. Citizenship and Immigration Providers underneath former President Joe Biden, instructed the Washington Publish that he expects that the $100,000 price will “nearly definitely” be reversed in a authorized problem.
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