Trump's $100,000 H-1B Fee: The Real Story Behind Lost American Jobs

Written by

Mynaz Altaf

Fact check by

Shreya Pandey

Updated on

Oct 06,2025

Trump's $100,000 H-1B Fee: The Real Story Behind Lost American Jobs - TerraTern

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The inaugural $100,000 H-1B visa fee proposed by President Trump marks the first major change in decades in the policy of skilled immigration. The controversial action is a direct response to the growing worries about American tech workers' displacement in the face of widespread industry layoffs. Such a shift in policy will mark a radical shift in the old methods of immigration, and might reform the whole shape of skilled foreign worker recruitment in the United States.

Trump's Historic H-1B Visa Fee Targets Tech Job Protection

This move by the Trump administration to charge H-1B visa applications a huge processing fee of $100,000 marks the conclusion of the decades-long effort by the organizations that feared the displacement of American workers. Kevin Lynn, director of the Institute of Sound Public Policy, had long been advocating the idea of alterations to the foreign worker programmes and suddenly realized he was hearing his message echoed in political quarters. 

This policy came after growing impatience with the fact that the tech industry was firing people and still hiring foreign workers. In 2022, tech giants have laid off tens of thousands of employees, yet have kept large H-1B visa programs, which critics call the employment paradox.

Also Read: US Issues Over 1 Million Non-Immigrant Visas to Indians

Tech Industry Layoffs Drive Policy Change

Recent statistics show the sheer lack of connection between corporate layoff notices and foreign worker hiring. Amazon fired tens of thousands of workers and got permission to hire 10,044 H-1B workers in fiscal year 2025, the largest number among leading technology companies. Microsoft laid off 16,000 people and earned record profits at the same time, as it employed thousands of foreigners using the visa program. 

The rate of unemployment within computer-related careers has risen by a great margin, especially among fresh graduates who are taking up jobs in the market. Other tech workers, such as software developers, note that they spend long durations finding new jobs, some even getting laid off a couple of times before the company hires a foreign worker to occupy the role.

Company

Layoffs Announced

H-1B Approvals (FY 2025)

Ratio

Amazon

30,000+

10,044

3:1

Meta

25,000+

5,123

5:1

TCS

12,000+

5,505

2:1

Google

20,000+

4,181

5:1

Microsoft

16,000

2,735

6:1

H-1B Program Structure and Current Usage

The H-1B program offers 85,000 visas per year to skilled foreign workers, 65,000 of which are assigned to general applications, and 20,000 to advanced degree holders. Almost two out of every three approved applications are aimed at positions related to computers, though this was not the original purpose of the program (it was intended to fill specialized skills gaps).

The average H-1B wages are about $100,000, which is close to the normal payment of computer and information technology jobs in the country. This wage match-up contradicts arguments that such jobs need uncommon, hard-to-find, and highly specialized skills that attract high pay.

The existing visas have three-year initial periods and potentially three-year renewals, which provide six-year maximum periods to most beneficiaries. The new fee will only affect applications made after September 21, 2025, and current visa holders should not be impacted by the policy change.

Also Read: Immigration Groups Prepare for Potential Second Trump Administration

Legal Challenges and Industry Response

Coalition groups representing unions, employers, and religious organizations filed the first lawsuit challenging Trump's authority to unilaterally impose the fee increase. Plaintiffs argue the president lacks constitutional power to establish such charges without congressional approval, claiming the policy could foster corruption while stifling innovation.

Business groups issued rare public criticism of the administration's decision, warning that the substantial fee increase risks damaging crucial talent pipelines and harming overall economic competitiveness. Major corporations expressed concerns about their ability to attract international talent in competitive global markets.

The Department of Homeland Security announced plans to prioritize high-skilled, well-compensated applicants in future visa lotteries, moving away from the traditional random selection process. This merit-based approach could favor Indian STEM graduates, who represent the largest pool of H-1B applicants globally.

Impact on Indian Tech Professionals

The highest impacted population under the new fee structure is the Indian nationals, who represent 71% of all H-1B visa approvals. Industry observers believe that the reorientation of policy to a meritocratic approach to selection would, in fact, favor highly skilled Indian professionals with advanced STEM degrees and niche expertise. 

The shift poses a threat to the classical model of outsourcing used by such companies as Tata Consultancy Services and Infosys, which submit applications for thousands of H-1B visas every year. These companies encounter more expenses that may essentially change their business plans and pricing patterns. 

Other destinations such as Canada, Australia, and Germany are also positioning themselves to take over skilled professionals likely to lose their jobs due to U.S. policy changes. The increase in the H-1B fee was in the interest of Canadian Prime Minister Mark Carney, who publicly expressed his desire to accept talent suffering because of the change.

Country

Visa Program

Processing Time

Key Benefits

Canada

Express Entry

6 months

Path to citizenship

Australia

Skilled Independent

8-12 months

Points-based system

Germany

EU Blue Card

3-4 months

Work authorization

Economic Implications and Future Outlook

Economists generally agree that the net effect of the H-1B program on the U.S. economy has been positive, and research has demonstrated that those companies receiving visa approvals have a higher propensity to generate jobs among native-born workers. But certain classes of workers who have similar skills to those of visa beneficiaries end up competing with more and being suppressed in their wages.

The policy reflects greater anxieties regarding the effects of globalization on American workers, and critics see H-1B visas as part of bigger outsourcing trends. Proponents believe that the rise in fees will prompt businesses to invest in in-country talent development and training.

Difficulties in implementation include administrative bottlenecks, decreased volumes of applications, and even changes to alternative visa categories or offshoring. Other displaced tech workers are not convinced that H-1B restrictions will make much difference in domestic employment opportunities.

Also Read: US Visa Rejection Reasons That You Should Know About

Conclusion

Trump's $100,000 H-1B visa fee emerges from legitimate concerns about American tech worker displacement amid widespread industry layoffs and continued foreign worker recruitment. The policy reflects growing political pressure to prioritize domestic employment over cost-saving foreign labor strategies. While legal challenges and industry opposition continue mounting, the fee structure represents the most significant skilled immigration policy shift in recent decades.

For official information about H-1B visa fees and application procedures, visit the U.S. Citizenship and Immigration Services (USCIS) website, which provides comprehensive details about current fee structures, filing requirements, and processing timelines. To know more about Trump's policy changes, visit TerraTern now!

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Frequently Asked Questions

When does the $100,000 H-1B visa fee take effect?

The fee applies to new H-1B applications submitted after September 21, 2025, and does not affect current visa holders or those who applied before this date. Companies received only 48 hours notice before implementation, creating widespread confusion and forcing many employers to halt recruitment processes immediately. The abrupt timeline has disrupted ongoing hiring plans and left thousands of potential applicants in legal limbo regarding their status.

How much did H-1B visa applications cost before the fee increase?

Previous H-1B application fees ranged from $2,000 to $5,000 depending on the employer's company size, making the new $100,000 fee a 20-50 fold increase. The standard government filing fee was $780, with additional training fees varying based on company size and previous H-1B usage patterns. This dramatic increase represents one of the largest single policy changes in skilled immigration history, fundamentally altering the economic calculus for international hiring.

Which countries will benefit from the U.S. H-1B visa restrictions?

Canada, Australia, and Germany are actively positioning themselves to attract skilled workers potentially displaced by U.S. policy changes, offering alternative immigration pathways. These nations have streamlined their visa processes and launched targeted recruitment campaigns specifically aimed at tech professionals affected by the fee increase. The policy shift could accelerate global talent redistribution, potentially strengthening competitor economies while weakening America's technological advantage.

Can companies challenge the H-1B visa fee in court?

Yes, coalition groups have filed lawsuits arguing that Trump lacks constitutional authority to impose such fees without congressional approval. The first lawsuit was filed on October 3, 2025, in San Francisco federal court by unions, employers, healthcare providers, and religious organizations. Plaintiffs argue the fee violates the Administrative Procedure Act and exceeds presidential powers, with the case potentially reaching the Supreme Court given its constitutional implications.

How many H-1B visas are approved annually?

The program provides 85,000 annual visas, with 65,000 for general applications and 20,000 reserved for advanced degree holders, primarily in STEM fields. The lottery system typically receives over 400,000 applications annually, making the selection rate approximately 20% for regular applicants. Indian nationals historically receive about 71% of approved H-1B visas, with technology companies comprising the largest employer category in the program.