Policy and Legal

Last week, President Trump issued a proclamation imposing a new filing fee for H-1B visa petitions.

What’s going on: The Department of Homeland Security will require a new $100,000 fee for H-1B visa applications. The proclamation went into effect at 12:01 a.m. on Sunday, Sept. 21.

• H-1B visas are issued typically for highly skilled foreign workers in high-demand fields and allow them to work in the United States for three years.
• By statute, there are 65,000 H-1B visas available each year, plus an additional 20,000 visas for foreign professionals with advanced degrees from U.S. universities. Each year, the number of applications received from employers far exceeds the number of visas available.

What it means: The White House clarified that current H-1B visa holders are not affected by the fee, which applies only to new H-1B visa applicants. Companies will be expected to remit the $100,000 fee as a one-time payment to accompany their petitions. It will go into effect in the upcoming 2026 lottery cycle.

• Those who already hold H-1B visas who happen to be outside the U.S. will not be charged a fee to reenter. H-1B visa holders can leave and reenter the country as they normally would have prior to the proclamation.
• The proclamation will be in effect for 12 months, though the proclamation states that it could be extended or renewed.
• Commerce Secretary Howard Lutnick emphasized that the new fee would ensure corporations “hire Americans and make sure the people that come into the country are top, top people.”

The NAM says: “Our industry relies on programs like H-1B to expand our workforce, fuel innovation and accelerate investment in AI and advanced manufacturing,” said NAM Vice President of Domestic Policy Jake Kuhns. “With more than 400,000 open jobs across the sector, manufacturers must have access to the talent needed to strengthen manufacturing in the U.S.—a priority of President Trump.”