What is the Trump 100K rule?

The Trump 100K Rule refers to a September 2025 Presidential Proclamation requiring employers filing new H-1B visa petitions (for foreign workers) after September 21, 2025, to pay an additional $100,000 fee, acting as a significant cost to curb abuse and prioritize American workers, though it only applies to new entries, not those already in H-1B status, with potential exemptions for national interest cases.

Who does the $100,000 fee apply to?

The $100,000 fee applies to new H-1B visa petitions filed on or after September 21, 2025, for workers outside the U.S. who will enter the country under that petition (requiring consular processing), not those already in the U.S. seeking a change of status or extension, and not those with existing valid H-1B visas. This fee, a requirement of a Presidential Proclamation, targets employers bringing foreign nationals to the U.S. for specialty roles, but exceptions exist for national interest cases, though they are rare.
 

What is the $100000 rule?

The rule is another crucial step to strengthen the integrity of the H-1B nonimmigrant visa program. It is in line with other key changes the administration has made, such as the Presidential Proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility.

Does the 100K fee apply to renewals?

However, all “new” petitions filed on or after Sept. 21, 2025, must include the $100,000 fee unless exempted. U.S. Citizenship and Immigration Services (USCIS) has officially confirmed that renewal petitions are exempt from the fee.

Is the H-1B 100K bill passed?

On October 21, 2025, US Citizenship and Immigration Services (“USCIS”) released additional information regarding the $100,000 H-1B fee mandated by Presidential Proclamation dated September 19, 2025. The easiest way to think of this fee is as a tariff on the importation of labor.

Trump Adds $100,000 Fee to H-1B Visa Applications | WSJ News

Is Trump changing his H-1B visa?

The Trump Administration has announced a major overhaul of the H-1B visa program that will replace the long-standing lottery used to grant the visas for foreign workers with specialized qualifications with a new weighted system that favors higher-skilled and higher-paid workers.

How much is Trump's work visa fee?

President Donald Trump did not exceed his authority when he issued a Sept. 19 proclamation requiring employers to pay an additional $100,000 before new H-1B visas can be processed, a federal district court judge held Dec. 23 in Chamber of Commerce of the United States of America v. U.S. Department of Homeland Security.

Who is exempt from the 100k H-1B visa fee?

$100,000 fee does not apply if: The beneficiary already holds an H-1B visa or status. The petition was filed before September 21, 2025. The beneficiary receives approval of an H-1B petition filed as a change of status or amendment or extension of stay, even if filed on or after September 21, 2025.

What is the Trump Executive Order for H-1B 2025?

President Donald Trump signed an executive order Sept. 19, which places a "restriction on entry" of certain (H-1B) nonimmigrant workers and a new $100,000 fee. The executive order went into effect at 12:01 a.m., Sept. 21, 2025, and will remain in effect through Sept.

What does the new H-1B rule mean?

On September 19, 2025 Presidential Proclamation (PP) Restriction on Entry of Certain Nonimmigrant Workers , was issued, restricting the issuance of H-1B visas, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.

Who is subject to the $100000 fee USCIS?

The $100,000 USCIS fee applies to new H-1B petitions filed on or after September 21, 2025, for foreign nationals outside the U.S. who lack a valid H-1B visa and are seeking entry, or for those inside the U.S. who are ineligible for an H-1B change of status/extension/amendment and need to obtain one from abroad, with limited exceptions. It generally does not apply to existing H-1B holders seeking extensions, amendments, or change of employer within the U.S., or petitions filed before the September 21, 2025 deadline. 

What is the proclamation of September 2025?

Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, an important initial step to reform the H-1B nonimmigrant visa program.

What is the $100000 next day rule?

$100,000 Next-Day Deposit Rule

If you accumulate a tax liability of $100,000 or more on any day during a deposit period, you must deposit the tax by the close of the next business day, whether you're a monthly or semiweekly schedule depositor. The deposit period for monthly schedule depositors is a calendar month.

Do I have to pay $250 to enter the USA?

Yes, many foreign nationals now need to pay a new $250 "Visa Integrity Fee" in addition to regular visa costs to enter the U.S. for temporary stays (nonimmigrant visas) like tourism, business, or study, though it doesn't apply to Visa Waiver Program (VWP) participants or most Canadians. This fee acts like a refundable deposit for compliance, but refunds are unclear, and it's part of the "One Big Beautiful Bill Act" signed in 2025, potentially increasing costs significantly for some travelers. 

What are the new rules for visa 2025?

Mandatory Biometric Entry-Exit System for All Noncitizens – Per a Final Rule, effective on December 26, 2025, U.S. Customs and Border Protection (CBP), will be required to collect biometric data from virtually all non-U.S. citizens when entering and departing the United States.

What is the $100 K proclamation?

Many U.S. employers and H-1B workers panicked when the Trump administration issued a proclamation on September 19, 2025, that appeared to require a $100,000 payment for a noncitizen to enter the United States with an H-1B visa after 12:01 am Eastern Time on September 21.

How many immigrants has Trump deported in 2025?

On August 28, 2025, CNN reported that U.S. Immigration and Customs Enforcement (ICE) alone had deported nearly 200,000 people in seven months since Trump returned to office. Individuals or immigrants residing in the U.S. 42 confirmed: 34 in ICE detention centers.

Why did Republicans turn down the border bill?

But congressional Republicans walked away from it early this year at the urging of GOP presumptive presidential nominee Donald Trump, who was not supportive of the bill because he is centering his reelection campaign on immigration.

Did Biden change Trump's immigration policy?

Yes, President Biden significantly changed many of President Trump's key immigration policies by reversing travel bans, ending "Remain in Mexico," altering enforcement priorities, and restoring refugee programs, though some Trump-era border measures like Title 42 were extended temporarily due to legal challenges and the pandemic, creating a mixed legacy. Biden aimed for a more "humane" approach, undoing restrictions while also facing increased border encounters that led to some continued enforcement actions. 

How much does Trump H-1B visa cost?

“The $100,000 fee makes H-1B visas cost prohibitive for businesses, especially small- and medium-sized businesses that can least afford it,” Daryl Joseffer, executive vice president and chief counsel of Chamber of Commerce, said in a statement.

Do you lose your H-1B if you get fired?

When an H1B employee's employment is terminated, there are immediate repercussions on their legal status within the U.S. Upon termination, the H1B visa becomes invalid, and the individual is no longer authorized to work for the sponsoring employer.

What is the disadvantage of a H-1B visa?

In any case, one can readily see the underpayment, by noting that the H-1Bs are largely unable to move freely (see above) in the labor market--if one cannot move, one cannot find the best salary among competing employers. Thus the H-1Bs are on average paid below-market wages.

Will Trump change his O1 visa?

The return of the Trump Administration in 2025 will likely lead to stricter O-1 visa policies, increased processing times, and a tougher review process at both USCIS and consular posts. Applicants and employers should prepare for longer wait times, more RFEs, and a higher risk of audits.

Who needs to pay 100k for H-1B?

The $100,000 H-1B fee, implemented in late 2025, primarily targets U.S. employers filing new H-1B petitions for workers outside the U.S. who need to obtain an H-1B visa abroad, rather than those already in the U.S. for change of status or extensions, or for current H-1B holders. Employers filing for new hires from overseas, especially for roles where a U.S. worker isn't readily available, often face this fee as a significant cost to bring talent in, with limited exceptions possible, according to guidance from USCIS. 

What is the salary of H-1B?

As of Jan 8, 2026, the average annual pay for a H1B in the United States is $167,533 a year.