About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 1 (November 26, 2025)

handle is hein.crs/govesvh0001 and id is 1 raw text is: 















New H-1B Fee and Other Recent H-1B

Developments



November 26, 2025

The Trump Administration recently announced several policy changes affecting the H-1B program. The
program allows U.S. employers to hire temporary foreign workers for specialty occupation positions (i.e.,
requiring specialized knowledge and a college degree).

Presidential Proclamation

President Trump issued a proclamation on September 19, 2025, restricting the entry of new H-1B workers
unless sponsoring employers first pay a $100,000 fee. The proclamation is based on the President's
authority to either suspend entry to the United States or impose entry restrictions that he may deem to be
appropriate.
The proclamation cites abuse of the H-lB program leading to displacement of U.S. workers and threats to
national and economic security. The $100,000 fee is paid to the Department of Homeland Security's
(DHS's) U.S. Citizenship and Immigration Services (USCIS) in addition to already existing fees
employers pay USCIS, which range from $960 to $7,380 for initial H-1B petitions depending on the
firm's size, type, and number ofH-lB employees.
USCIS  has clarified that the $100,000 fee applies only to new petitions filed after September 20, 2025, for
H-lB  workers abroad. Existing H-lB visas, renewals, and petitions to change to H-lB status without
leaving the United States (e.g., from F-I student to H-1B) are generally not subject to it. Changes of
status account for about half of new H-IB petition approvals annually. The fee does not prevent current
H-lB  visa holders from traveling in and out of the United States, nor does it revoke any H-IB visas. The
proclamation allows the DHS Secretary to make exceptions for individuals, companies, or industries
when it is in the national interest and does not pose a threat to the security or welfare of the United
States.
Some  observers see the new fee as a first step toward more substantive reform. Stakeholders have
expressed concerns that the fee will hinder their ability to recruit workers for hard-to-fill positions.
Medical associations and higher education groups, for example, have requested exemptions, arguing that
H-IB  workers provide services critical to the national interest, including health care in medically
underserved areas and preparing students to work in high-demand fields. The U.S. Chamber of

                                                                  Congressional Research Service
                                                                    https://crsreports.congress.gov
                                                                                        IN12617

CRS INSIGHT
Prepared for Members and
Committees of Congress