- A new $100,000 fee for H-1B visa entry will not apply to individuals already present in the U.S. on such visas.
- Major tech firms are assessing the impact as the policy targets new entrants and those seeking re-entry, effective September 21, 2025.
- The move is expected to face legal challenges and could accelerate corporate efforts to offshore jobs or expand remote work arrangements.
President Trump's newly announced policy imposing a steep $100,000 fee for H-1B visa holders seeking entry into the United States will not apply to the hundreds of thousands of individuals already working in the country under that status, according to a report from Axios. The policy, set to take effect on September 21, 2025, specifically targets new entrants and those outside the U.S. seeking to re-enter, requiring proof of payment with their petition.
The distinction offers a crucial, albeit temporary, reprieve for current H-1B holders and their employers, which include tech giants like Amazon and Microsoft. However, immigration attorneys are urgently advising those individuals to avoid any non-essential international travel, as departing the country would subject them to the new fee upon any attempt to return. “The guidance we’re giving clients is crystal clear: do not leave the U.S. if you can avoid it,” said one attorney familiar with the matter, who requested anonymity because they were not authorized to speak publicly.
For companies reliant on global talent, the policy introduces significant new financial and operational hurdles for future hiring. The fee dramatically increases the cost of bringing skilled foreign workers into the U.S., a common practice in the technology, finance, and consulting sectors. While the Departments of Homeland Security and State may grant national interest exceptions for certain individuals, companies, or even entire industries, the criteria for such waivers remain undefined, creating widespread uncertainty.
The announcement has sent ripples through corporate headquarters, with many scrambling to understand the full implications for their workforce planning and bottom line. A spokesperson for a major tech firm said they were “reviewing the order and its potential impact,” declining to comment further. The policy is widely seen as an escalation of efforts to protect American workers and raise revenue, but business communities warn it could undermine U.S. competitiveness by diverting top talent to more welcoming markets like Canada and Europe.
Legal challenges are anticipated, with opponents likely to argue the fee constitutes an overreach of executive authority. In the meantime, the directive is expected to accelerate existing trends of offshoring jobs and expanding remote work initiatives to circumvent increasingly restrictive U.S. immigration policies.