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What’s in Trump’s proclamation imposing $100K…
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What’s in Trump’s proclamation imposing $100K price for H-1B price purposes? Bypass is feasible
By Debra Cassens Weiss
September 22, 2025, 11:59 am CDT
President Donald Trump included a bypass opinion when he imposed a $100,000 price on purposes for the H-1B visa program for expert international employees. (Picture from Shutterstock)
President Donald Trump included a bypass opinion when he imposed a $100,000 price on purposes for the H-1B visa program for expert international employees.
In his Sept. 19 proclamation, Trump stated the H-1B nonimmigrant visa program was created to deliver momentary employees into the USA “to carry out additive, high-skilled features.” However this system “has been intentionally exploited to interchange, relatively than complement, American employees with lower-paid, lower-skilled labor,” Trump stated.
The small print that comply with clarify when this system takes impact and the way Kristi Noem, the secretary of the Division of Homeland Safety, might create exceptions. In response to the proclamation:
• The entry of nonimmigrants into the USA to carry out providers within the H-1B specialty program “is restricted,” apart from these whose petitions “are accompanied or supplemented by a fee of $100,000.”
• The price requirement applies “solely to aliens who enter or try and enter the USA after the efficient date of this proclamation,” which is Sept. 21, 2025.
• The price requirement expires after one 12 months. U.S. officers should undergo Trump whether or not an extension or renewal of the price requirement is within the curiosity of the USA.
• The price requirement doesn’t apply if the secretary of the Division of Homeland Safety determines that H-1B hiring for a corporation or an trade “is within the nationwide curiosity and doesn’t pose a menace to the safety or welfare of the USA.”
• The secretary of the Division of Labor ought to start rulemaking to revise prevailing wage ranges and to prioritize admission of high-skilled and high-paid employees. The prevailing wage is the necessary minimal wage for H-1B employees, explains David J. Bier, director of immigration research on the Cato Institute, in a abstract of the brand new proclamation.
A White Home spokesperson has stated the price applies solely to new visas and never renewals, and it’ll apply to the subsequent lottery cycle, in keeping with the Washington Submit. The lottery is used to decide on visa recipients out of the pool of certified candidates.
In response to Law360, the $100,000 price “is a major leap for H-1Bs.” At present, there’s a $215 basic submitting price together with different charges. There’s a $2,805 cost for premium processing service.
In 2020, Trump issued a proclamation banning new H-1B employees for 4 units of employees, however a federal choose preliminarily enjoined the motion, Bier identified. U.S. District Choose Jeffrey S. White of the Northern District of California stated in an October 2020 opinion Trump doesn’t have “unbridled authority to set home coverage concerning employment of nonimmigrant foreigners.”
Bier stated there is no such thing as a statutory foundation for a price that exceeds the price of purposes processing, however “there’s some motive for concern that the courts would uphold this motion” given “the imprecise authorities in immigration regulation.”
Doug Rand, a senior adviser to the previous director of U.S. Citizenship and Immigration Companies underneath former President Joe Biden, advised the Washington Submit that he expects that the $100,000 price will “virtually definitely” be reversed in a authorized problem.
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