Immigration law is subject to continuous modification, posing challenges in adhering to updated guidelines. The Trump Administration recently announced substantial revisions impacting H-1B visas. For H-1B visa holders and employers of skilled foreign workers, understanding these updates and their potential ramifications is crucial. To effectively navigate these evolving regulations, consultation with an experienced Essex County Employment Immigration Attorney is essential.
What is the Recent Change to the H-1B Visa Program?
In September 2025, the Trump Administration signed a Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” to reform the H-1B visa program. This executive order dramatically increased visa fees from a previous range of $2,000-$5,000 to $100,000. This significant increase is intended to encourage companies to prioritize hiring domestic workers.
This proclamation will apply to petitions submitted prior to 12:01 a.m. Eastern Daylight Time on September. 21, 2025. It does not change any fees required to be submitted in connection with any H-1B renewals. This is a one-time fee on submissions of new H-1B petitions.
The Department of Labor will begin rulemaking to adjust and raise prevailing wage levels, aiming to improve the H-1B program by focusing on highly skilled temporary foreign workers. “Project Firewall” is a DOL initiative that will increase investigations into employers. It will essentially increase enforcement to combat abuse in the H-1B visa program. The Department of Homeland Security will also initiate rulemaking to prioritize high-skilled, high-paid foreign nationals in the H-1B lottery.
It should be noted that further reforms are under consideration and will be revealed in the near future.
How Should I Navigate These Changes?
For current H-1B visa holders situated within the U.S., the immediate course of action is to await directives from your sponsoring employer. Many organizations have already issued instructions, with some advising employees to remain stateside or, if currently overseas, to expedite their return, as the newly implemented fee will not apply to those already residing in the U.S. under existing visas.
It should be noted that this increased fee is the responsibility of the employer, not the foreign worker, and will therefore influence the 2026 visa lottery and all subsequent new petitions. Consequently, businesses facing this increased expenditure may need to reassess their budgets, which could result in a decrease in the hiring of foreign workers in the future, particularly within the tech industry, a primary user of H-1B visas.
If you find yourself without employer guidance or have uncertainties regarding a recently filed H-1B application, seeking counsel from a skilled immigration attorney is highly recommended. The Law Offices of Christopher T. Howell, Esq. can help you navigate these challenging circumstances. Contact us today for assistance.