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The American workforce has a new challenge: Trump’s $100K fee on H-1B visas

President Donald Trump’s latest effort to overhaul America’s legal immigration system — raising the annual fee on H-1B visa applicants from $215 to $100,000 — could deal a major blow to some US industries that rely on skilled foreign workers.

During a signing at the Oval Office Friday, Trump argued that America needs “great workers” and that the newly imposed fee “pretty much ensures that that’s what’s going to happen.” Administration officials also claimed the hefty fee would incentivize companies to hire American workers.

“The company needs to decide … is the person valuable enough to have a $100,000-a-year payment to the government, or they should head home and go hire an American?” Commerce Secretary Howard Lutnick said at the signing. “That’s the point of immigration: Hire Americans and make sure the people coming in are the top, top people.”

### The H-1B Visa Context

Of the 85,000 H-1B visas granted annually, another 20,000 are reserved for people with advanced degrees from American higher education institutions. But Trump’s allies have been divided on how to tackle the visa program.

Vivek Ramaswamy and Elon Musk, whom Trump chose to lead the administration’s Department of Government Efficiency, have defended companies that use the work visa and depend on foreign workers to operate. Conversely, Steve Bannon, a top strategist in Trump’s first term, blasted H-1B visas on his “War Room” podcast in December 2024 as a “scam” by Silicon Valley titans, who are about “taking American jobs and bringing over what essentially become indentured servants at lower wages.”

### What the New Policy Means for Visa Holders

The $100,000 visa fee, which takes effect Sunday at 12:01 a.m. ET, will apply only to new H-1B applications, according to the White House. The rule expires a year later, on September 21, 2026, unless it’s extended.

“This is NOT an annual fee. It’s a one-time fee that applies only to the petition,” White House press secretary Karoline Leavitt posted to X on Saturday, adding that it does not apply to renewals or current visa holders.

Google and Meta, the parent company of Facebook and Instagram, advised visa holders to reconsider international travel plans and to consider returns to the United States by Saturday night, if necessary, according to emails viewed by CNN. But Leavitt clarified Saturday afternoon that any current H-1B holders who are outside the United States will not be charged $100,000 to reenter.

### Impacted Industries

Most H-1B petitions approved during fiscal 2024 — which spanned from October 1, 2023, to September 30, 2024 — were for computer-related roles (64%), according to a US Citizenship and Immigration Services (USCIS) report.

The next largest occupation was in the field of architecture, engineering, and surveying (10%). The third-most-approved petitions were for education-related jobs (6%), according to USCIS.

The “largest detailed industry sector” for approved H-1B visas was related to custom computer programming (25%). Professional, scientific, and technical services was the No. 1 industry among employers (48%), while manufacturing (11%) was the second-most popular.

### Companies Most at Risk

According to the USCIS data hub, Amazon is the largest H-1B sponsor. The online retailing giant was approved for more than 9,000 H-1B visas during fiscal 2024.

Tech giants also rely on the H-1B program, with Google sponsoring 5,364 approved H-1B visas in fiscal 2024, followed by Meta (4,844), Microsoft (4,725), and Apple (3,873).

### Implications for Job Competition

Small businesses and startups are more likely to balk at that $100,000 fee than companies like Amazon, Meta, Apple, and Alphabet, the parent company of Google. The four companies have a combined market capitalization of about $11.1 trillion.

The fee could also mean foreign-born workers would be denied entry-level positions, as the $100,000 cost would be too much of a burden to pay for a lower-waged worker.

Recent college graduates, who are experiencing the worst market for new grads since the Covid-19 pandemic, could stand to gain from job openings if the openings remain in America. That’s particularly good news for computer science and tech-related graduates, who are entering the market amid rounds of layoffs and plummeting opportunities.

### Company Responses and Hiring Trends

During his 2016 campaign, Trump accused US companies of using H-1B visas “for the explicit purpose of substituting for American workers at lower pay.” However, USCIS reported that, of approved H-1B petitions, the median annual compensation was $120,000.

Companies will likely continue to offer higher-paying salaries to the best talent pool of foreign workers. But restrictions could make companies shift hiring initiatives abroad to countries like India, China, and Canada, according to the American Immigration Council.

### Effects on Job Seekers

Placing limits on H-1B holders doesn’t guarantee Americans will be hired in the impacted sectors.

When immigration slowed during the pandemic and following the first Trump administration’s temporary ban on some immigrant visas, it led to record-high job openings. Economists warned at the time that the worker shortage couldn’t be solved without ramping up immigration.

“Businesses are having to turn down work because they simply can’t find the workers to do it,” Neil Bradley, chief policy officer at the US Chamber of Commerce, told CNN in 2021.

### Potential Legal Challenges

The new fee on visas is likely to be challenged in US courts.

“To be clear, the president has literally zero legal authority to impose a $100,000 fee on visas,” said Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, on X. “The only authority Congress has ever given the executive branch here is to charge fees to recover the cost of processing the application.”

As the nation watches how this policy unfolds, the full impact on businesses, workers, and the immigration system remains to be seen.
https://www.phillytrib.com/news/business/the-american-workforce-has-a-new-challenge-trump-s-100k-fee-on-h-1b-visas/article_b509f4e7-4cb8-487b-8dee-d95dee6b205e.html

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