The President signed an executive order today, September 19, 2025, requiring a new $100,000 per year fee for H-1B visa applications. This fee is a significant change to the H-1B program, which is designed to hire and bring highly skilled foreign workers to the U.S. The new payment is intended to curb the program’s overuse to bring foreign nationals, which some have criticized for undercutting wages for U.S. workers. According to the administration, the purpose of this measure is for companies to keep only foreign national workers who are critically important to them and to incentivize the hiring of American workers, especially recent graduates.
The presidential executive order will look to overhaul the H-1B program for specialized foreign workers, as the administration has declared that the H-1B program is responsible in large measure for the displacement of U.S. workers. The proclamation will restrict entry under the H-1B program unless accompanied by a substantial fee. It is rumored that exemptions to the $100,000 yearly fee may be granted on a case-by-case basis if deemed to be in the national interest.
Commerce Secretary Howard Lutnick said during the signing, “No more will these tech companies train foreign workers. If you’re going to train someone, you’re going to train one of our recent graduates.”
The President also ordered the U.S. Department of Labor to revise prevailing wage levels for the H-1B program to prevent employers from continuing to undercut American worker salaries.
This publication is provided by Greenspoon Marder LLP is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.