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Office Location is Irving, Texas and Albuquerque, New Mexico
The Trump administration has implemented a $100,000 fee on H-1B visa applications, targeting a program designed to bring highly skilled foreign workers to America. Through an executive order signed Friday evening, President Trump established this additional surcharge and prohibited H-1B applicants from U.S. entry without payment completion.
“We’re going to be able to keep people in our country that are going to be very productive people, and in many cases, these companies are going to pay a lot of money for that, and they’re very happy about it,” President Trump stated. This extra cost is expected to hit employers like major technology companies Amazon, IBM, Microsoft, and Google, which depend on the program for international talent acquisition.
Bloomberg News first reported this development. H-1B visas already carry significant costs, ranging from approximately $1,700 to $4,500 based on processing speed preferences. Employers typically treat these fees as standard business expenditures.
This additional fee emerges during ongoing H-1B visa discussions, with critics of the program arguing that it allows companies to employ foreign workers at reduced wages compared to American employees. Detractors also claim some employers use H-1Bs for basic positions rather than specialized roles requiring advanced expertise.
According to the White House, “this will ensure that the people they’re bringing in are actually very highly skilled and that they’re not replaceable by American workers. So it’ll protect American workers, but ensure that companies have a pathway to hire truly extraordinary people and bring them to the United States.”
However, Stuart Anderson from the National Foundation for American Policy, a nonpartisan think tank, warned the policy might encourage companies to relocate positions abroad, particularly in specialized sectors like R&D. Other supporters of the H-1B Visa, including American physicist Michio Kaku, have long considered the program as the “driving force” behind the U.S. scientific establishment.
Department of Labor statistics show Amazon led H1-B visa recipients in 2024. Currently, the retailer maintains its top position with over 10,000 approvals, followed by Tata Consultancy, Microsoft, Apple, and Google.
Technology companies have historically been the program’s main beneficiaries. Major tech firms are anticipated to manage the financial impact more easily, while smaller companies may face greater challenges.
Software development was the most common H-1B occupation last year. H-1B qualification requires applicants to hold a minimum bachelor’s degree in relevant fields and secure temporary employment offers from American companies.
Visas are distributed through a lottery selection.
Bloomberg reported that President Trump will direct the Labor Secretary to initiate new rulemaking for program wage standards. Current regulations require companies to pay either prevailing wages or actual compensation for comparable qualified workers, whichever amount is greater, per Department of Labor guidelines.
Annual program limits include 65,000 standard visas, plus 20,000 additional slots for master’s degree holders or higher qualifications, according to U.S. Citizenship and Immigration Services. Both the regular cap and advanced degree quota are already filled for fiscal 2026, USCIS reports.
The H-1B system represents America’s most restrictive visa category, with roughly 20% of applications receiving approval, based on March research from the nonpartisan National Foundation for American Policy.
The proclamation does allow for limited exceptions. Under the order, the fee “shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.”
That could include cases where a company demonstrates that a worker’s skills are essential to national security, critical infrastructure, or urgent scientific and medical research. In practice, such waivers are expected to be rare.
Large defense contractors, research institutions, or hospitals filling highly specialized roles may have the strongest cases. Routine tech industry petitions for software developers and entry-level roles are unlikely to qualify.
For most employers, the $100,000 fee will apply in full, though each case will have to be considered individually.
At Lawit Law, our H-1B Visa lawyers are dedicated to helping businesses navigate the complexities of immigration law. If your company relies on the H-1B program to secure top talent, we are ready to offer assistance.
Contact Lawit Law at (214) 609-2242 for guidance and support today.
