Trump’s $100,000 annual H-1B fee: what it says, who pays, and what could happen next

TL;DR:

On Sept 19, 2025, Trump announced a $100,000 yearly H-1B fee.
The move arrives via proclamation and faces legal tests.
Tech and universities say it will harm hiring and research.
The order also floats “gold card” and “platinum” investor paths.
Employers should freeze nonurgent filings and prepare for court action.

On September 19, 2025, President Donald Trump announced a dramatic change to the H-1B program. A presidential proclamation will require a $100,000 fee each year for an H-1B worker, on top of existing fees. The White House framed the change as a way to protect U.S. workers and stop wage undercutting. Associated Press, The Washington Post, and The Guardian reported the move the same day.

What the proclamation says

According to AP and The Washington Post, the order imposes an annual $100,000 charge for each H-1B beneficiary. It applies for the duration of H-1B status, usually up to six years. The administration says the rule will reduce reliance on foreign labor and generate revenue. A White House fact sheet adds that the policy responds to abuses in staffing and outsourcing.

New investor pathways announced alongside the fee

Coverage from AP and other outlets says Trump paired the H-1B fee with new investor options. A “gold card” would grant residency with a $1 million contribution. A higher-tier “platinum card” would offer limited residency rights at $5 million and include tax features for foreign income. These ideas are separate from H-1B and will need more detail to implement.

Who is hit the hardest

Large H-1B users. Outsourcing and staffing firms that file thousands of petitions face massive new costs.
Research and higher ed. Universities and labs that rely on specialty workers could see projects stall.
Startups. Young companies cannot absorb six-figure annual fees per engineer.
Indian IT and STEM workers. Hindustan Times notes Indians hold a majority share of H-1B approvals, so the impact falls heavily on Indian nationals and their U.S. employers.

Can a president set such a fee

Expect lawsuits. Congress controls immigration fees through statute and appropriations. Attorneys told major outlets the executive branch may not have clear authority to add such a large recurring fee by proclamation alone. Fragomen, a leading immigration firm, warned that entry denials tied to nonpayment could start as soon as September 21, 2025, if the order is enforced, but court challenges are likely.

What employers should do now

Pause nonurgent H-1B filings until guidance lands.
Map who is traveling after September 21, 2025, in case entry is tied to payment.
Budget scenarios. Model cost exposure for each H-1B worker for remaining years.
Prepare for litigation holds and document retention.
Evaluate alternatives. Consider F-1 OPT extensions, cap-exempt research roles, remote or near-shore teams, and green card processes where possible.

Quick checklist for HR and legal

Inventory all H-1B employees and expirations.
Flag travel within 30 days for case-by-case review.
Ask counsel about fee timing, receipts, and refunds.
Draft internal comms for affected staff.
Set up a tracker for court rulings.

How the tech sector is reacting

Early reaction from industry and immigration groups was sharply negative. Analysts warn it will deter top STEM talent and push work offshore. Some administration voices argue the fee will force companies to “stop bringing people to take our jobs,” as quoted in Times of India coverage. Business and university groups are preparing legal and policy responses.

What happens next

Watch for the implementation memo that agencies use to execute the proclamation. Expect immediate lawsuits and requests for injunctions. Courts will test whether a fee of this size can stand without Congress. Employers should plan for rapid shifts over the next few weeks.

Why it matters

America’s edge in tech and research depends on talent. A $100,000 annual fee would change hiring math overnight. If it stands, the policy may slow U.S. projects, push more work abroad, and make it harder for startups to scale at home.

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