President Donald Trump issued an executive order on September 19, 2025, which attempts to redefine the H1-B worker visa. The order, which announced an increase in fees for H-1B visas to $100,000, set off a firestorm of confusion due to its vagueness and immediate deadlines. Companies and potential H-1B visa workers are shaken and unsure of what happens next.
The move is an attempt to force employers to hire American workers for entry-level jobs, many of them in tech. Critics of the H-1B visa argue that jobs Americans could do are going instead to foreign employees who are paid less. However, others are worried that shrinking H-1B visas will deter the best and brightest foreign employees from bringing their talent and skills here, ultimately harming the U.S. economy.
In a separate executive order issued the same day, Trump laid out a plan for a $1 million “gold card” path to citizenship for wealthy individuals and investor visas of $2 million and $5 million.
H-1B or Not H-1B, That Is the Question
The H-1B visa program allows foreign nationals with certain skills to come to America and work for U.S. companies. While the work specializations vary, many are focused in fields involving technology. A variant applies to fashion models working in the U.S. Prospective H-1B applicants must have at least a bachelor’s degree in their field. H-1B visas last for three years and can be extended up to six. Further extensions require the visa holder to be either in a citizenship or green card process.
The company that wishes to hire a foreign national from India or other countries applies through the U.S. Department of Labor. Once all administrative hoops have been jumped through, the application goes into a lottery. There’s a limit of 65,000 approved skilled workers selected each year, with another 20,000 spots available for those with at least a master’s degree. Some of the big companies that get the most H-1B workers each year include Amazon, Microsoft, Apple, and other giants in the tech industry.
The H-1B visa fee for these sponsored and accepted applicants was $215. President Trump’s proclamation raised that amount to $100,000, a shocking increase that caught both companies and H-1B applicants flat-footed. Adding to the maelstrom of confusion was the provision that the new fee would go into effect at 12:01 a.m. on September 21, less than 48 hours after the order was issued. After those affected raised a cry of alarm, White House press secretary Karoline Leavitt clarified on September 20 that the new rates wouldn’t apply to those with existing H-1B visas or visa applications that have been filed or approved.
There’s More
There are also new policies and new rules regarding the investor class. For $1 million, those seeking citizenship can purchase a “gold card,” which promises to make one an American after vetting. Companies can sponsor an employee to take this path for a cost of $2 million.
There’s also the “Trump Platinum Card.” It replaces an investor visa and allows foreigners to spend 270 days in the U.S. without being liable to pay taxes on non-U.S. income. It’s offered for $5 million.
The administration holds that this move will encourage American employers to hire and create skilled workers instead of doling out new visas to foreign workers. This crackdown on the current visa policy is intended to nudge tech companies toward using U.S. workers instead, but there’s uncertainty about whether those facing the exorbitant new fee can be replaced, and if skilled foreign workers currently in the U.S. will leave for newly emerging tech industry hubs in Asia and Europe in competition with Silicon Valley.
Rumblings of lawsuits to challenge various parts of the proclamation started over the weekend, claiming that the hike violates existing immigration law passed by Congress and could function as a de facto ban. While it’s possible the tremendous visa fee hikes will lower or be declared invalid by federal courts, companies are preparing for the chilling effect this will have on attracting high-level talent to work in the U.S.
Either the legal challenges or corporate pressure might see this particular proclamation defeated, but for now, there’s a great deal of uncertainty. Currently, prospective H-1B visa applicants must submit a $100,000 check with their application.
Related Resouces
- What Are Executive Orders? What Are Their Limits? (FindLaw’s Law and Daily Life)
- Who Qualifies for an H-1B Visa? (FindLaw’s Law and Daily Life)
- What Is an Investment Visa? (FindLaw’s Understanding U.S. Visa Laws)
