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“The $100K Wall”: How America’s New H-1B Visa Rule Could Reshape the Job Market

  • nimetconsulting
  • Sep 20
  • 3 min read

Updated: 4 days ago

H-1B Visas


On September 21, 2025, a new immigration rule takes effect that could change the landscape of the American workforce. The Trump administration has just dropped a policy bombshell: a $100,000 fee on new H-1B visa petitions. Framed as a way to rebalance the labor market, the move is already stirring intense debate between tech giants, outsourcing firms, and U.S. workers who have long argued that the visa system undercut them.


What’s Changing?

For decades, the H-1B visa program has allowed U.S. companies to bring in highly skilled foreign workers, especially in tech and engineering. Critics say it became a loophole for cutting costs, with some firms preferring cheaper foreign hires over qualified Americans.

Under Trump’s proclamation, companies filing new or pending H-1B petitions must now pay $100,000 upfront.

  • Existing H-1B holders are exempt.

  • Renewals/extensions with the same employer are exempt.

  • The fee applies only to fresh petitions meaning first-time applicants, or in some cases, petitions filed by new employers.


What the Proclamation Says (Official Text - source The White House)

The proclamation is titled “Restriction on Entry of Certain Nonimmigrant Workers.”

Key language includes:

“The entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation … is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 …” “The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers … who are currently outside the United States …”


The Case for American Workers

Supporters of the policy argue it’s long overdue. For years, critics have claimed that the H-1B program, originally designed to fill labor shortages in specialized fields, has sometimes been misused to cut costs or outsource jobs.

With a $100K fee:

  • Employers are incentivized to hire American talent first. If the cost of hiring abroad skyrockets, local recruitment suddenly looks more attractive.

  • Wages for U.S. workers could rise. Companies may raise salaries to compete with the “real” cost of foreign hires, boosting pay for domestic employees.

  • Reduced dependency on offshore talent. This could encourage companies to invest more in training, apprenticeships, and upskilling for U.S. graduates and workers.

In short, for American workers, the rule may feel like a long-awaited leveling of the playing field.


A Balancing Act

While the fee may help American workers in the short term, it also comes with trade-offs:

  • Big tech firms may absorb the costs, but small and mid-sized companies could lose out on talent they can’t afford.

  • Innovation could slow, as talented workers may choose friendlier destinations like Canada, the U.K., or Australia.

  • Global competitiveness is at risk, with the U.S. potentially sending a message: “We welcome talent, but only if you’re worth a fortune.”


The Bigger Question

At its core, this new rule forces America to ask: What kind of workforce do we want to build?

  • If the goal is protecting U.S. workers, the fee might succeed.

  • If the goal is attracting the world’s best and brightest, the fee could backfire.


Love him or hate him, President Trump has made it clear: his administration is willing to reset the playing field in favor of American workers. The $100,000 fee is more than just a policy change, it’s a symbol of an economic philosophy that puts U.S. talent first, and asks corporations to pay a steep price if they want to look abroad.

For American STEM graduates and job seekers, this could be the moment they’ve been waiting for. For companies, it’s a new reality: the days of cheap, easy access to foreign labor are over.

 
 
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