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Trump Enacts New Immigration Policies Against H-1B Visa Holders

4 0
22.09.2026

The Trump administration has imposed additional immigration measures to restrict companies from hiring H-1B visa holders. On Sept. 18, the White House posted a presidential proclamation that renewed the $100,000 fee levied on the entry of new H-1B professionals. The fee is blocked in court, but administration officials may have wanted to preserve their legal options. The proclamation reveals the Sept. 2025 $100,000 fee acted as a virtual prohibition on hiring new H-1B visa holders, with employers making the $100,000 payment for only about 700 individuals.

The second action was an executive order directing federal agencies to scrutinize H-1B applications more closely, particularly from companies that have laid off employees. The executive order could lead to more Requests for Evidence, as companies saw during Donald Trump’s first term.

H-1B temporary visas are often the only way for high-skilled foreign nationals to work in the United States long term. Employers must pay the higher of the actual or prevailing wage paid to U.S. professionals with similar experience and qualifications. Companies recruiting at U.S. universities find that international students make up about 75% to 80% of full-time graduate students in AI-related fields, such as computer and information sciences.

The Trump administration is proposing or implementing several policies to restrict employer access to foreign-born talent. These measures include:

A Labor Department proposed rule to substantially increase the prevailing wage required for H-1B visa holders and employment-based green card applicants.

A DHS proposed rule to enact a $103,265 fee on new H-1B professionals subject to the annual limit.

An upcoming DHS rule to impose new restrictions on the H-1B visa category.

A proposed rule to eliminate the ability of many spouses of H-1B visa holders to work in the United States.

A proposed rule to end the 60-day grace period for H-1B visa holders who lose jobs.

A final rule to restrict international students and J-1 visa holders to fixed four-year periods. A federal district judge recently postponed the final rule’s effective date.

A rule on the regulatory agenda to impose a significant fee on Optional Practical Training for international students

Trump Extends $100,000 Immigration Fee On New H-1B Visa Holders

The Trump administration has extended the $100,000 fee imposed on the entry of new H-1B visa holders. “On September 19, 2025, Proclamation 10973 (Restriction on Entry of Certain Nonimmigrant Workers) (2025 Proclamation), was issued to address significant abuses of the H-1B nonimmigrant visa program,” according to the proclamation. “The restrictions enacted by the 2025 Proclamation have proven to be highly effective but the underlying conditions necessitating the restrictions persist. It is therefore in the interests of the United States to extend the 2025 Proclamation for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027.”

The proclamation states it was necessary to extend the $100,000 fee for an additional 12 months. “Although the 2025 Proclamation and subsequent rulemaking have had........

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