A proposed $100,000 charge would make the H-1B program far more expensive for employers seeking to bring in skilled workers from abroad. The White House says it targets future applicants, but businesses and immigration lawyers are weighing major questions about implementation.
The Trump administration is moving to impose what Reuters described as a fee exceeding $100,000 on H-1B worker visa applicants, a change that would hit the H-1B visa program used by U.S. employers to hire skilled foreign workers. President Donald Trump has signed an order setting a $100,000 charge for new requests, according to the BBC, making the cost of sponsoring an overseas worker dramatically higher.
The policy matters because H-1B visas are central to hiring in technology, engineering, health care and other specialized fields. The White House says the fee would not apply to current visa holders, but the proposal has already raised questions about which applicants are covered, when the rule takes effect and whether employers will change where they build their teams.
A steep new barrier for employers
H-1B visas allow U.S. employers to sponsor foreign professionals for specialty occupations, generally jobs requiring specialized knowledge and at least a bachelor’s degree or equivalent. The program has long been a major source of talent for large technology companies, consulting firms, universities and some smaller employers.
Until now, the administrative fees associated with an H-1B petition have generally totaled about $1,500, according to the BBC’s reporting. A $100,000 payment would not be a routine filing expense; it would become a major business decision, especially for a startup or a company hiring several workers at once.
Commerce Secretary Howard Lutnick initially suggested companies would face the charge annually for six years. White House press secretary Karoline Leavitt later said it would be a one-time payment. That difference is consequential: a one-time fee is still substantial, while a recurring six-year payment would fundamentally change the economics of the program.
Who the White House says is covered
White House spokesperson Abigail Jackson said the charge does not apply to people with current visas and does not affect their ability to travel in and out of the United States. She said it applies to future applicants in the February 2026 lottery who are outside the country, rather than people who participated in the 2025 lottery.
That distinction offers some reassurance to current H-1B holders, but it leaves employers and prospective workers focused on the next hiring cycle. Companies often plan recruitment, relocation and project staffing months ahead, so uncertainty over eligibility can have immediate effects even before an applicant reaches a consular interview.
The order is due to take effect on September 21, according to the BBC. Its language and federal implementation guidance will determine whether there are exemptions, how the payment is collected and how agencies handle cases already in progress.
The administration’s case for the fee
Trump’s order cites concerns about abuse in the H-1B system and links the fee to a broader push to prioritize U.S. workers. Lutnick framed the decision as a question for employers: whether a prospective foreign hire is valuable enough to justify a $100,000 payment or whether the company should hire an American worker instead.
Critics of the program have long argued that some employers use H-1B workers to reduce labor costs or replace domestic workers. From that perspective, a sharply higher price could discourage companies from relying on the visa category and force them to invest more in U.S.-based recruiting and training.
That argument has political appeal, particularly in a broader debate over immigration and wages. But it also depends on whether qualified U.S. candidates are available for the specialized roles employers seek to fill, and whether a visa fee changes hiring behavior rather than simply moving work elsewhere.
Why companies see a talent problem
Supporters of H-1B visas say the program helps U.S. companies compete for engineers, researchers and other skilled professionals in a global market. They argue that the visa is often used after an employer has struggled to fill a role, not as a substitute for readily available American applicants.
Immigration attorney Tahmina Watson told the BBC that the fee could price out many of her small-business and startup clients. Jorge Lopez, who leads an immigration and global mobility practice at Littler Mendelson, said it could hurt U.S. competitiveness across technology and other industries.
The consequences are unlikely to fall evenly. Amazon, Tata, Microsoft, Meta, Apple and Google were among the largest beneficiaries of the program in the prior fiscal year, according to government statistics cited by the BBC. Big companies may have more capacity to absorb a large one-time charge than smaller firms, though even they could rethink the scale and location of future hiring.
India has the most at stake among source countries. It accounted for 71% of approved H-1B applications last year, Reuters reported, citing government data. China was second at 11.7%, according to the BBC.
A program already under pressure
Since 2004, the annual H-1B cap has generally been 85,000 visas. Demand has often exceeded that limit, leading to a lottery system. U.S. Citizenship and Immigration Services data showed applications for the next fiscal year fell to about 359,000, a four-year low, the BBC reported.
The new charge arrives after years of disagreement over what the program should be. During Trump’s first term, the administration increased scrutiny of H-1B applications, and denial rates rose sharply in fiscal 2018. Technology companies pushed back at the time, saying stricter policies made it harder to recruit needed specialists.
Trump himself has expressed both sides of the debate. He has previously said companies need a pool of workers to recruit and retain, while his current policy puts a much higher cost on accessing that pool from overseas.
The unanswered implementation questions
The immediate issue is whether the administration’s final guidance matches the broad public descriptions of the order. Employers need clarity on the exact amount, whether it is strictly a one-time payment, the precise group of applicants affected and whether any occupations or organizations receive different treatment.
There may also be legal and operational challenges. Immigration policy changes involving fees, entry restrictions and agency authority can draw court scrutiny, while employers may alter travel, recruiting and relocation plans as they wait for more detail.
For now, the clearest takeaway is the scale of the proposed shift. A program once associated with filing costs in the low thousands could carry a six-figure charge for covered new applicants. That may satisfy advocates seeking a tougher line on labor immigration, but it could also make the H-1B route inaccessible to many employers that rely on specialized talent.
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