Trump executive order H-1B, announced on September 19, 2025, established a new H-1B fee of $100,000 for petitions for workers outside the U.S. This step poses a major challenge for employers, professionals, and families.
As a trusted Houston immigration attorneys and Phoenix immigration lawyer, Orange Law works daily with clients impacted by shifting visa rules. This article explains the order, who it affects, and how employers and workers can respond.
Breaking Down the Order
Key provisions of the Trump executive order H-1B include:
- A $100,000 supplemental H-1B fees for petitions filed abroad.
- Application to new petitions and transfers involving overseas workers.
- Effective September 21, 2025, valid for one year (extendable).
- Limited exemptions for healthcare, national security, or essential industries.
This is not just another regulatory change — it is a direct barrier to many employers seeking international talent.
Why Was the H-1B Fee Introduced?
According to the administration, the purpose is to:
- Deter companies from hiring overseas.
- Generate revenue from employers using H-1B visas.
- Push corporations to train U.S. workers.
However, critics argue the policy restricts competitiveness. Companies in Houston and Phoenix often sponsor H-1B visas because specialized skills are scarce domestically. The H-1B raises hiring costs so drastically that many mid-size firms and startups may freeze international recruitment altogether.
Historical Context
Understanding the shift requires perspective:
- In the 1990s, filing fees were a few hundred dollars.
- By the 2000s, surcharges for fraud prevention and training were added.
- Larger corporations eventually paid up to $6,000 in the 2010s.
- In 2020, proposed increases were blocked in court.
- Now, the Trump executive order H-1B imposes a $100,000 fee — the steepest hike in the program’s history.
This leap is not an adjustment; it is a structural change.
Who Feels the Impact Most?
Employers
Large tech companies may absorb costs, but smaller firms, hospitals, and startups in Texas and Arizona face tough choices. A Houston immigration attorneys has already seen clients reconsider projects. Similarly, a Phoenix immigration lawyer reports stalled recruitment in advanced manufacturing.
Foreign Professionals
The U.S. has become a tough option for foreign engineers, doctors, and IT professionals. H-1B fees have limited opportunities, and skilled talent is being redirected to Canada, the U.K., and Australia.
Families
Dependent spouses and children on H-4 visas face greater uncertainty. If employers cut sponsorships, family stability is threatened.
Research Institutions
Research universities and hospitals need international talent. But even with exemptions, the Trump executive order on H-1B slows their projects and stretches resources.
Human Impact
Consider a Houston-based healthcare startup that budgeted for standard costs to hire an international data scientist. With the new H-1B fees, the role suddenly costs $100,000 more. The hire is paused, the candidate’s future is uncertain, and the company loses momentum.
These are not isolated incidents — as every immigration lawyers near me knows, this policy touches real lives and businesses.
Global Comparisons
The U.S. is now the most expensive destination for high-skilled talent:
- Canada: about $1,000 CAD.
- U.K.: roughly £5,000.
- Australia: about $2,500 AUD.
- United States: $100,000 H-1B fees, plus legal and filing costs.
The contrast highlights why many professionals will pursue opportunities elsewhere.
Legal Challenges on the Horizon
Litigation is expected. Opponents argue that:
- Only Congress can impose such fees.
- The H-1B fees functions more like a ban than a fee.
- It unfairly discriminates against overseas workers.
Courts have struck down restrictive immigration measures before, but the timeline for resolution remains uncertain.
What Employers Can Do
- Check for exemptions in healthcare or national interest categories.
- Evaluate alternatives such as O-1, L-1, TN, or EB-2 NIW visas.
- Work with a Houston immigration attorneys or Phoenix immigration lawyers to build compliance strategies.
- Plan budgets carefully to decide if critical roles justify the cost.
Options for Workers
Skilled professionals should:
- Review eligibility for O-1 visas (extraordinary ability).
- Consider L-1 visas for intra-company transfers.
- Explore TN visas for Canadian and Mexican nationals.
- Assess EB-2 NIW for employment-based green cards.
An experienced immigration lawyers near me can help identify which path is realistic under current law.
Moving Forward with Confidence
The Trump executive order H-1B and its unprecedented H-1B fees reshape immigration in ways that affect employers, professionals, and families alike. While lawsuits may alter the order’s future, immediate action is essential.
If you’re an employer facing hiring challenges or a professional uncertain about your visa options, it’s time to act. Contact us today to schedule a consultation with a Houston immigration attorneys or Phoenix immigration lawyers. We’ll review your situation, outline practical strategies, and fight to protect your future in the U.S.
