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Remzi G. Kulen
11 Jan 2023
Our law firm specializes in providing comprehensive legal support for corporations, startups, and businesses of all sizes.
The H-1B visa program, one of the most important pathways for international professionals to work in the United States, is facing an unprecedented change. President Trump has signed an executive order imposing a $100,000 yearly fee on H-1B visa applications and renewals.
This change is expected to affect tech companies, startups, healthcare providers, and thousands of foreign professionals who rely on H-1B status.
Key Details of the New Policy
$100,000 annual fee: Every new H-1B petition and renewal will be subject to this fee.
Exemption for some holders: Current H-1B visa holders inside the U.S. appear to be temporarily exempt.
Travel risks: Holders currently outside the U.S. may face this fee upon re-entry, leading to strong advisories against international travel.
Rising wage requirements: The administration also announced plans to increase the prevailing wage levels, which could further raise the cost of hiring foreign professionals.
Who Will Be Affected?
Situation
Expected Impact
Current H-1B holders inside the U.S.
Likely exempt from the new fee for now, but subject to future changes.
Current H-1B holders outside the U.S.
May need to pay the $100,000 fee to re-enter; advised to avoid travel.
New applicants
Required to pay the fee from the start of the petition process.
Renewals and transfers
Employers and employees will face higher costs, requiring renegotiation of sponsorship agreements.
Kulan Law Recommendations
Avoid international travel if you currently hold H-1B status and are inside the U.S.
File renewals or transfers quickly to reduce the risk of falling under the new rules.
Coordinate with your employer on who bears the cost of the new $100,000 fee.
Explore alternative visa options such as the O-1 (extraordinary ability) or EB-1 immigrant visa.
Get legal counsel: Rules may evolve quickly; exemptions or lawsuits could change implementation.
Broader Implications
For individuals: A sharp increase in costs, creating uncertainty and financial pressure.
For employers: Substantially higher expenses when sponsoring international workers.
For the U.S. economy: Risk of losing global talent as other countries become more attractive destinations for skilled workers.
Conclusion
The Trump administration’s move to impose a $100,000 annual H-1B fee represents one of the most significant changes to U.S. work visas in decades. The impact will be immediate for new applicants and potentially severe for those currently abroad.
➡ At Kulan Law, we monitor every development closely and guide our clients through complex immigration shifts. Contact us today for a personalized consultation on your H-1B or alternative visa options.