What is the H-1B Visa and How Does It Work?
The H-1B visa is a non-immigrant category that allows U.S. employers to hire foreign workers for specialized occupations, typically requiring at least a bachelor’s degree or its equivalent. Initially granted for up to three years, with renewal options of another three (for a maximum of six years), there are scenarios for extensions beyond this period if permanent residency proceedings have commenced.
Recent Changes to the H-1B Visa Program
On September 19, 2025, former President Donald Trump signed the proclamation “Restriction on Entry of Certain Nonimmigrant Workers,” introducing a mandatory fee of US$100,000 for any new H-1B visa petition filed after 12:01 a.m. Eastern Time (EST) on September 21 of that year.
- The additional charge applies only to new petitions, not renewals or existing H-1B visas.
- The measure does not affect petitions filed before the deadline (September 21) nor those with valid H-1B visas.
- It does not prevent current visa holders from entering or leaving the U.S. under normal conditions.
The fee is described as “unique” for the initial petition, but the proclamation also outlines stricter scrutiny in the lottery system and proposes future reforms to prioritize higher-paying or more specialized skills.
Reactions to the New Measures
These changes have prompted warnings from tech companies, immigration law firms, and experts about a “lethal” effect on foreign talent acquisition while multiplying costs for companies that have sponsored such visas. Meanwhile, the U.S. government justifies the fee as a mechanism to deter program abuses and protect American workers, promoting more selective migration based on high salaries.
However, small businesses might forgo sponsorships, some technical projects could face delays, and the U.S.-foreign innovation ecosystem might shift towards other countries. In response, California is considering legal actions to challenge the fee on grounds of potential arbitrariness.
Key Questions and Answers
- What is the H-1B visa? The H-1B visa is a non-immigrant category that enables U.S. employers to hire foreign workers for specialized occupations requiring at least a bachelor’s degree or its equivalent.
- What recent changes were made to the H-1B visa program? A mandatory fee of US$100,000 was introduced for new H-1B visa petitions filed after September 21, 2025. This fee applies only to new petitions and does not affect existing visas or renewals.
- How do these changes impact businesses and foreign talent acquisition? The new measures have raised concerns about a “lethal” effect on foreign talent acquisition, with increased costs for companies that have sponsored H-1B visas. Small businesses might forgo sponsorships, and some technical projects could face delays.
- What is the justification for these changes? The U.S. government argues that the fee discourages program abuses and protects American workers by promoting more selective migration based on high salaries.
- Are there any legal challenges to these changes? California is considering legal actions to challenge the mandatory fee, citing potential arbitrariness.
