By: Richard Hanus, Esq.
September 22, 2025
Whether it is Donald Trump himself, or people in his inner circle, or both, there’s always some sort of anti-immigration wind blowing out of the White House when Trump is in office. I am not talking about immigration enforcement, where this administration, with great pomp and circumstance, regularly announces the initiation of sweeping, muscular immigration raids, with armed forces in tow, in major U.S. cities. I am referring to the ways this administration looks to make legal immigration harder, if not prohibitive. The latest example, the September 19, 2025 Executive Order imposing a $100,000 fee for future H-1B visa filings, one of the most popular “right ways” immigrants and their employers use to facilitate an immigrant’s legal immigration process, especially for the talented graduates here on student visas.
As a reminder, H-1B visas allow foreign nationals to be employed at a U.S. company to fill professional positions, where a university degree is typically required and the worker in question has a degree in a relevant field of study. With some exceptions, there is an annual cap of 85,000 H-1B visas, with workers filling key roles to compliment their US employer workforce and even lead their employers to greater innovation and productivity. Professionals such as software engineers, systems analysts, data analysts, physicians, physical therapists, accountants, financial analysts, electrical engineers and the like are paid no less than the “prevailing wage” as determined by the U.S. Department of Labor, with many earning in the six figures.
According to this Executive Order, H-1B filings by U.S. employers will now come with a hefty $100,000 price tag. The fee, according to the Executive Order, can be waived by the Secretary of Homeland Security if, in her discretion, she determines that the hiring of the foreign national in question is in the national interest and does not pose a threat to the U.S.’ security or welfare. Following its initial, hasty roll out and the long list of questions generated by a poorly written directive, the White House was forced to chime in to provide follow up critical clarification that 1) it would not impact filings submitted prior to September 21, 2025, 2) it will NOT apply to current H-1B visa holders and 3) it will only apply to new H-1B visa filings.
Per the Executive Order, the $100,000 fee is necessary because the current H-1B program is bad for the U.S. and our economy, and displaces U.S. workers and deflates their wages. But ask U.S. employers and you will hear a different story, where H-1B visa employees play crucial roles in leading company initiatives, presenting creative solutions and boosting productivity, often leading to company expansion and job creation. For small and medium sized companies, the $100,000 fee will likely be a game changer, leading to a halt to future H-1B visa filings. Of course, as we have become used to in the wake of a loud Trump immigration Executive Order, we can expect litigation to follow and perhaps some degree of policy reversal, either due to court order or business community outcry.
This past week’s events were very much reminiscent of one of Trump’s most famous immigration bombs, where on April 20, 2020, announced the temporary suspension of all U.S. immigration: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!” Of course the substance of this order was reversed in its entirety but the impression left on his U.S. and global audience was strong and unequivocal – that there is a President in charge who wields unmistakable power and has a definite message. Accordingly, no matter the outcome of a particular Executive Order or initiative, its purpose is as much, if not more, about the method, messenger and his audience as it is about substance.
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