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Employers Now Face a $100,000 Hurdle for H-1B Visas

In an effort to encourage businesses to hire United States citizens as opposed to citizens of other nations, President Donald Trump recently signed a “restriction on entry of certain non-immigrant workers” which imposes a $100,000 fee on new H-1B visas petitions filed after 12:01 a.m. on September 21, 2025. The Administration’s justification for this action is to disincentivize businesses from hiring foreign workers at wage rates lower than those that American citizens would accept. Although the new fee, on its face, does not apply to current H-1B visa holders, grey areas in the new rule could potentially impact current visa holders. Further, the new fee could have a chilling effect on employers who want to hire particular candidates from foreign countries or those with open positions which they have not been able to fill with U.S. citizens or permanent residents.

The H-1B Visa Generally

The H-1B visa is a non-immigrant visa which allows employers to hire foreign workers for specialty occupations. This visa lasts up to three years but can be extended for an additional three years, for a total of six years. Currently, the Federal government issues 65,000 H-1B visas annually, with 20,000 additional visas reserved each year for individuals with a masters’ degree or higher from a U.S. institution of higher education. Further, under current rules, if selected in the lottery, an employer is required to file an H-1B petition on behalf of the foreign worker and provide a Labor Condition Application from the Department of Labor certifying that the foreign worker will be paid a certain minimum amount as required by the Federal government, so as to not undercut the market.

The Trump Administration hopes that by increasing the H-1B fee from what previously was a few thousand dollars to the staggering amount of $100,000, that jobs which require highly skilled individuals will go to Americans first, although as employers know all too well, businesses typically only sponsor foreign nationals for H-1B visas after they have been unable to find a qualified U.S. citizen or permanent resident for the job.

Project Firewall

The Trump Administration is expanding already-existing H-1B enforcement mechanisms through “Project Firewall.” This project is designed to “beef up” investigations of employers suspected of fraud and abuse of the H-1B visa program. Significantly, employers could be liable for back wages owed and fines, and businesses could be barred from sponsoring visas in the future.

As a result of increased enforcement and the ever-changing immigration landscape, it is important to consult with counsel to ensure compliance with the current H-1B visa program and hiring and recruitment process.

Employers Now Face a $100,000 Hurdle for H-1B Visas

In an effort to encourage businesses to hire United States citizens as opposed to citizens of other nations, President Donald Trump recently signed a “restriction on entry of certain non-immigrant workers” which imposes a $100,000 fee on new H-1B visas petitions filed after 12:01 a.m. on September 21, 2025. The Administration’s justification for this action is to disincentivize businesses from hiring foreign workers at wage rates lower than those that American citizens would accept. Although the new fee, on its face, does not apply to current H-1B visa holders, grey areas in the new rule could potentially impact current visa holders. Further, the new fee could have a chilling effect on employers who want to hire particular candidates from foreign countries or those with open positions which they have not been able to fill with U.S. citizens or permanent residents.

The H-1B Visa Generally

The H-1B visa is a non-immigrant visa which allows employers to hire foreign workers for specialty occupations. This visa lasts up to three years but can be extended for an additional three years, for a total of six years. Currently, the Federal government issues 65,000 H-1B visas annually, with 20,000 additional visas reserved each year for individuals with a masters’ degree or higher from a U.S. institution of higher education. Further, under current rules, if selected in the lottery, an employer is required to file an H-1B petition on behalf of the foreign worker and provide a Labor Condition Application from the Department of Labor certifying that the foreign worker will be paid a certain minimum amount as required by the Federal government, so as to not undercut the market.

The Trump Administration hopes that by increasing the H-1B fee from what previously was a few thousand dollars to the staggering amount of $100,000, that jobs which require highly skilled individuals will go to Americans first, although as employers know all too well, businesses typically only sponsor foreign nationals for H-1B visas after they have been unable to find a qualified U.S. citizen or permanent resident for the job.

Project Firewall

The Trump Administration is expanding already-existing H-1B enforcement mechanisms through “Project Firewall.” This project is designed to “beef up” investigations of employers suspected of fraud and abuse of the H-1B visa program. Significantly, employers could be liable for back wages owed and fines, and businesses could be barred from sponsoring visas in the future.

As a result of increased enforcement and the ever-changing immigration landscape, it is important to consult with counsel to ensure compliance with the current H-1B visa program and hiring and recruitment process.

Employers Now Face a $100,000 Hurdle for H-1B Visas

In an effort to encourage businesses to hire United States citizens as opposed to citizens of other nations, President Donald Trump recently signed a “restriction on entry of certain non-immigrant workers” which imposes a $100,000 fee on new H-1B visas petitions filed after 12:01 a.m. on September 21, 2025. The Administration’s justification for this action is to disincentivize businesses from hiring foreign workers at wage rates lower than those that American citizens would accept. Although the new fee, on its face, does not apply to current H-1B visa holders, grey areas in the new rule could potentially impact current visa holders. Further, the new fee could have a chilling effect on employers who want to hire particular candidates from foreign countries or those with open positions which they have not been able to fill with U.S. citizens or permanent residents.

The H-1B Visa Generally

The H-1B visa is a non-immigrant visa which allows employers to hire foreign workers for specialty occupations. This visa lasts up to three years but can be extended for an additional three years, for a total of six years. Currently, the Federal government issues 65,000 H-1B visas annually, with 20,000 additional visas reserved each year for individuals with a masters’ degree or higher from a U.S. institution of higher education. Further, under current rules, if selected in the lottery, an employer is required to file an H-1B petition on behalf of the foreign worker and provide a Labor Condition Application from the Department of Labor certifying that the foreign worker will be paid a certain minimum amount as required by the Federal government, so as to not undercut the market.

The Trump Administration hopes that by increasing the H-1B fee from what previously was a few thousand dollars to the staggering amount of $100,000, that jobs which require highly skilled individuals will go to Americans first, although as employers know all too well, businesses typically only sponsor foreign nationals for H-1B visas after they have been unable to find a qualified U.S. citizen or permanent resident for the job.

Project Firewall

The Trump Administration is expanding already-existing H-1B enforcement mechanisms through “Project Firewall.” This project is designed to “beef up” investigations of employers suspected of fraud and abuse of the H-1B visa program. Significantly, employers could be liable for back wages owed and fines, and businesses could be barred from sponsoring visas in the future.

As a result of increased enforcement and the ever-changing immigration landscape, it is important to consult with counsel to ensure compliance with the current H-1B visa program and hiring and recruitment process.

Employers Now Face a $100,000 Hurdle for H-1B Visas

In an effort to encourage businesses to hire United States citizens as opposed to citizens of other nations, President Donald Trump recently signed a “restriction on entry of certain non-immigrant workers” which imposes a $100,000 fee on new H-1B visas petitions filed after 12:01 a.m. on September 21, 2025. The Administration’s justification for this action is to disincentivize businesses from hiring foreign workers at wage rates lower than those that American citizens would accept. Although the new fee, on its face, does not apply to current H-1B visa holders, grey areas in the new rule could potentially impact current visa holders. Further, the new fee could have a chilling effect on employers who want to hire particular candidates from foreign countries or those with open positions which they have not been able to fill with U.S. citizens or permanent residents.

The H-1B Visa Generally

The H-1B visa is a non-immigrant visa which allows employers to hire foreign workers for specialty occupations. This visa lasts up to three years but can be extended for an additional three years, for a total of six years. Currently, the Federal government issues 65,000 H-1B visas annually, with 20,000 additional visas reserved each year for individuals with a masters’ degree or higher from a U.S. institution of higher education. Further, under current rules, if selected in the lottery, an employer is required to file an H-1B petition on behalf of the foreign worker and provide a Labor Condition Application from the Department of Labor certifying that the foreign worker will be paid a certain minimum amount as required by the Federal government, so as to not undercut the market.

The Trump Administration hopes that by increasing the H-1B fee from what previously was a few thousand dollars to the staggering amount of $100,000, that jobs which require highly skilled individuals will go to Americans first, although as employers know all too well, businesses typically only sponsor foreign nationals for H-1B visas after they have been unable to find a qualified U.S. citizen or permanent resident for the job.

Project Firewall

The Trump Administration is expanding already-existing H-1B enforcement mechanisms through “Project Firewall.” This project is designed to “beef up” investigations of employers suspected of fraud and abuse of the H-1B visa program. Significantly, employers could be liable for back wages owed and fines, and businesses could be barred from sponsoring visas in the future.

As a result of increased enforcement and the ever-changing immigration landscape, it is important to consult with counsel to ensure compliance with the current H-1B visa program and hiring and recruitment process.

Employers Now Face a $100,000 Hurdle for H-1B Visas

In an effort to encourage businesses to hire United States citizens as opposed to citizens of other nations, President Donald Trump recently signed a “restriction on entry of certain non-immigrant workers” which imposes a $100,000 fee on new H-1B visas petitions filed after 12:01 a.m. on September 21, 2025. The Administration’s justification for this action is to disincentivize businesses from hiring foreign workers at wage rates lower than those that American citizens would accept. Although the new fee, on its face, does not apply to current H-1B visa holders, grey areas in the new rule could potentially impact current visa holders. Further, the new fee could have a chilling effect on employers who want to hire particular candidates from foreign countries or those with open positions which they have not been able to fill with U.S. citizens or permanent residents.

The H-1B Visa Generally

The H-1B visa is a non-immigrant visa which allows employers to hire foreign workers for specialty occupations. This visa lasts up to three years but can be extended for an additional three years, for a total of six years. Currently, the Federal government issues 65,000 H-1B visas annually, with 20,000 additional visas reserved each year for individuals with a masters’ degree or higher from a U.S. institution of higher education. Further, under current rules, if selected in the lottery, an employer is required to file an H-1B petition on behalf of the foreign worker and provide a Labor Condition Application from the Department of Labor certifying that the foreign worker will be paid a certain minimum amount as required by the Federal government, so as to not undercut the market.

The Trump Administration hopes that by increasing the H-1B fee from what previously was a few thousand dollars to the staggering amount of $100,000, that jobs which require highly skilled individuals will go to Americans first, although as employers know all too well, businesses typically only sponsor foreign nationals for H-1B visas after they have been unable to find a qualified U.S. citizen or permanent resident for the job.

Project Firewall

The Trump Administration is expanding already-existing H-1B enforcement mechanisms through “Project Firewall.” This project is designed to “beef up” investigations of employers suspected of fraud and abuse of the H-1B visa program. Significantly, employers could be liable for back wages owed and fines, and businesses could be barred from sponsoring visas in the future.

As a result of increased enforcement and the ever-changing immigration landscape, it is important to consult with counsel to ensure compliance with the current H-1B visa program and hiring and recruitment process.

Employers Now Face a $100,000 Hurdle for H-1B Visas

In an effort to encourage businesses to hire United States citizens as opposed to citizens of other nations, President Donald Trump recently signed a “restriction on entry of certain non-immigrant workers” which imposes a $100,000 fee on new H-1B visas petitions filed after 12:01 a.m. on September 21, 2025. The Administration’s justification for this action is to disincentivize businesses from hiring foreign workers at wage rates lower than those that American citizens would accept. Although the new fee, on its face, does not apply to current H-1B visa holders, grey areas in the new rule could potentially impact current visa holders. Further, the new fee could have a chilling effect on employers who want to hire particular candidates from foreign countries or those with open positions which they have not been able to fill with U.S. citizens or permanent residents.

The H-1B Visa Generally

The H-1B visa is a non-immigrant visa which allows employers to hire foreign workers for specialty occupations. This visa lasts up to three years but can be extended for an additional three years, for a total of six years. Currently, the Federal government issues 65,000 H-1B visas annually, with 20,000 additional visas reserved each year for individuals with a masters’ degree or higher from a U.S. institution of higher education. Further, under current rules, if selected in the lottery, an employer is required to file an H-1B petition on behalf of the foreign worker and provide a Labor Condition Application from the Department of Labor certifying that the foreign worker will be paid a certain minimum amount as required by the Federal government, so as to not undercut the market.

The Trump Administration hopes that by increasing the H-1B fee from what previously was a few thousand dollars to the staggering amount of $100,000, that jobs which require highly skilled individuals will go to Americans first, although as employers know all too well, businesses typically only sponsor foreign nationals for H-1B visas after they have been unable to find a qualified U.S. citizen or permanent resident for the job.

Project Firewall

The Trump Administration is expanding already-existing H-1B enforcement mechanisms through “Project Firewall.” This project is designed to “beef up” investigations of employers suspected of fraud and abuse of the H-1B visa program. Significantly, employers could be liable for back wages owed and fines, and businesses could be barred from sponsoring visas in the future.

As a result of increased enforcement and the ever-changing immigration landscape, it is important to consult with counsel to ensure compliance with the current H-1B visa program and hiring and recruitment process.