President Donald Trump is requiring a new $100,000 fee to petition for H-1B workers. Photo Illustration: Jonathan Hurtarte/Bloomberg Law Related Stories Trump Signs Order to Add $100,000 Fee for H-1B Visa Applications Sept. 20, 2025, 12:54 AM GMT+1 Why Trump Wants to Charge $100,000 for H-1B Visas: QuickTake Sept. 19, 2025, 11:01 PM GMT+1 Search by Topic federal immigration legislation temporary work visas guest workers immigration ban deportation President Donald Trump’s new $100,000 fee for H-1B visas flouts clear requirements of federal immigration law and will invite immediate lawsuits, attorneys said. The fee, which takes effect Sunday, could also have devastating effects on businesses that expected to add workers through the specialty occupation visa program this fall. It would be imposed as a condition of US entry for foreign workers hired through the H-1B program popular with the tech sector, although it’s unclear what it would mean for visa holders already in the country. “It’s essentially a ransom note,” said Shev Dalal-Dheini, director of government relations at the American Immigration Lawyers Association. Trump’s Friday proclamation relies on an Immigration and Nationality Act provision that gives the president broad power over the entry of noncitizens—the same legal authority behind the administration’s latest travel ban. But attorneys say those statutory provisions don’t override other parts of the statute and federal law. “I see this order as being very vulnerable to litigation,” said Angelo Paparelli, a partner at immigration firm Vialto.US. “This is presidential legislation as opposed to congressional legislation. I don’t believe it will sustain court review.” The Trump administration has focused so far on hitting ambitious goals for immigration enforcement and deportations, rather than foreign labor in the workplace. Critics view the president’s latest move as an existential threat to the cornerstone of the employment-based immigration system.
The H-1B program makes 85,000 visas available each year for workers with at least a college degree filling roles in specialized occupations. It’s garnered the ire of Trump allies who see the program as undermining American workers, although its supporters include former White House senior adviser and Tesla CEO Elon Musk. Companies will be forced to decide whether a foreign worker is valuable enough to justify the $100,000 fee, Commerce Secretary Howard Lutnick told reporters Friday. “Either the person is very valuable to the company and America or they’re going to depart and the company is going to hire an American,” he said.