Everything we know about Trump’s new H-1B policy

The H-1B visa has long been one of the most important pathways for skilled workers to contribute to the U.S. economy. It allows U.S. employers to sponsor foreign professionals in fields like technology, engineering, and health care when they cannot find enough qualified U.S. workers.

On September 19, 2025, President Trump signed a proclamation that significantly changes the requirements for employers and workers. The most notable change is a new $100,000 payment tied to new H-1B petitions and entry. In this article, we explain the H-1B visa, how the rules worked before, what has changed under the new policy, and what both employers and workers should know going forward.

What is the H-1B visa, and who is it for?

The H-1B is a non-immigrant visa that lets you work in the United States in a “specialty occupation.” These are roles that typically require a bachelor’s degree or higher in a specific field. Employers use this program to fill shortages in critical industries.

Eligibility overview

To qualify, you generally need:

Occupations commonly sponsored

Most H-1B workers are employed in:

Annual cap and advanced degree exemption

Congress caps new H-1B visas at 65,000 each year and provides an additional 20,000 visas for workers with advanced degrees from U.S. institutions. Some employers, such as universities and nonprofit research organizations, are exempt from the cap.

Typical timeline from job offer to approval

The process usually follows these steps:

Standard H-1B requirements before the new policy

Before September 21, 2025, the H-1B program required employers and workers to meet several conditions.

What changed under Trump’s new H-1B policy

On September 19, 2025, President Trump signed a proclamation imposing new restrictions on the H-1B program. The most significant is a $100,000 payment tied to new petitions and entries, along with future changes to wage levels and selection rules. These changes are scheduled to last for 12 months unless extended.

New $100,000 payment tied to new petitions and entry

Employers filing new H-1B petitions on or after September 21, 2025, must submit a $100,000 payment with each petition. This applies to both cap-subject and cap-exempt filings. The payment must also be verified before a visa can be issued or a worker admitted into the United States.

Effective dates, who is covered, and who is not

The policy applies to petitions filed and entries occurring after 12:01 a.m. EDT on September 21, 2025. It does not apply to petitions filed before that time or to H-1B renewals. Current H-1B holders inside the U.S. are not directly affected.

Entry restrictions without proof of payment

For the next 12 months, workers outside the U.S. seeking entry on an H-1B visa will be denied admission unless their employer has made the $100,000 payment. Consular officers and Customs and Border Protection (CBP) are tasked with verifying compliance.

New requirements and how they work in practice

The new policy does not just add a fee. It changes how H-1B petitions and entries are reviewed in practice, and both employers and workers need to plan ahead.

Which filings trigger the payment

Only new petitions filed on or after September 21, 2025, require the $100,000 payment. This includes both cap-subject and cap-exempt filings. Renewals, amendments, and petitions filed before the effective date do not trigger the payment.

How consular officers and CBP verify compliance

Consular officers abroad will not issue an H-1B visa unless the petition shows the $100,000 payment was made. CBP officers are also instructed to verify compliance at the port of entry before admitting an H-1B worker.

Travel and renewals for current H-1B holders

Current H-1B workers with valid visas or status can travel internationally and return without paying the new fee. Renewals and extensions inside the United States are also not subject to the payment.

Treatment of universities and nonprofits

Cap-exempt institutions such as universities and nonprofit research groups remain exempt from the annual lottery. However, their new H-1B petitions filed after the effective date are still subject to the $100,000 payment until further agency guidance is issued.

Appeals, waivers, and potential exemptions

The proclamation allows the Secretary of Homeland Security to create limited exemptions in the national interest. Employers may be able to request waivers in extraordinary cases, but details have not yet been finalized.

Step-by-step: the H-1B process under the new policy

If you are preparing to file a new H-1B petition, the process now includes additional steps:

Pre-filing planning and budgeting

Employers will need to account for the $100,000 payment alongside existing filing fees. This will be a significant upfront cost, especially for small and mid-sized companies.

Lottery or selection step

For cap-subject petitions, USCIS continues to conduct the annual lottery. The proclamation directs DHS to update the process to prioritize higher-paid roles, but those changes are not yet in effect.

Filing sequence with documentation checklist

The petition package now requires proof of the $100,000 payment, in addition to the LCA, job offer letter, and supporting evidence of qualifications. Missing proof of payment will result in denial.

Consular processing and entry

If the petition is approved, workers must apply for a visa at a U.S. consulate. Consular officers will verify that the payment has been made before issuing the visa. At the port of entry, CBP officers will check the same documentation.

After arrival, compliance and recordkeeping

Employers must retain evidence of the payment and other compliance documents in case of Department of Labor audits. Enforcement is expected to increase under the Department’s new “Project Firewall.”

Costs, timelines, and practical budgeting

Employers must prepare for higher upfront and ongoing costs when sponsoring H-1B workers.

Considerations for Employers

For many companies, the new policy changes how international hiring fits into workforce planning.

First, employers may want to consider their hiring strategy and prioritize roles that truly require H-1B sponsorship. Since compensation is expected to weigh more heavily in future lottery selections, companies may need to consider salary adjustments for key positions. Strong internal controls for compliance may be important, with HR and legal teams ensuring documentation is accurate and payment records are complete.

Second, companies may want to consider developing contingency plans. This includes accounting for travel delays, possible consular backlogs, and the risk of audits. Employers may also want to explore alternatives to H-1B visas, such as the O-1 visa for individuals with extraordinary ability, or the L-1 visa for intracompany transferees.

Considerations for Workers

If you are an H-1B worker or applicant, the changes affect your options depending on your situation.

For workers outside the United States, you will not be able to enter on an H-1B visa unless your employer has filed a new petition with the $100,000 payment. This means you should consider confirming that your employer is prepared to cover the cost before making travel or relocation plans.

The new policy does not directly affect your status and renewals if you are currently in the U.S. on an H-1B visa. You can still travel internationally and return if you have a valid visa, although it is wise to carry documentation of your status. If your employer delays or cancels a filing due to the new costs, you may want to discuss alternative options such as transfers, extensions, or other visa categories.

How an immigration attorney can help with the new H-1B visa requirements

The new policy creates complexity for both employers and workers. An immigration attorney can help you understand whether the $100,000 payment applies to your case, plan for consular processing or travel, and identify possible exemptions. 

Attorneys can also guide employers through compliance audits and alternative visa strategies if H-1B sponsorship is no longer feasible. At Marble, we can connect you with experienced immigration attorneys who guide you through complex H-1B requirements with clear, upfront support.

Bottom line

Trump’s new H-1B policy introduces the most significant change to the program in years, with a $100,000 payment requirement for new petitions and stricter entry checks. 

While renewals and current H-1B holders are not directly affected, both employers and workers may want to prepare for higher costs, more audits, and future rulemaking on wages and lottery priorities. Staying informed and seeking guidance can help you navigate the uncertainty.

FAQs

Is the $100,000 payment annual or one-time?

It is a one-time payment required for new petitions filed on or after September 21, 2025. It does not apply annually or to renewals.

Does this apply to renewals or amendments?

No. The new fee does not cover renewals, extensions, or amendments to existing H-1B visas.

Can current H-1B workers travel internationally?

Yes. You can travel and return without the new payment if you already hold a valid visa or status.

How will wage levels and selection rules change?

The Department of Labor has been directed to raise prevailing wage levels, and DHS is expected to prioritize higher-paid roles in the lottery. Final details are still pending.

Are universities and nonprofits treated differently?

They remain exempt from the annual cap, but their new petitions filed after September 21, 2025, are still subject to the $100,000 payment unless further guidance is issued.