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Understanding the H-1B visa and Trump’s $100,000 proclamation

November 2025 employment law letter
Authors: 

Marylou V. Fabbo, Skoler, Abbott & Presser, P.C.

The H-1B visa has long been a cornerstone of U.S. immigration policy, allowing American companies to hire highly skilled foreign workers in specialty occupations like technology, engineering, and health care. But a recent proclamation signed by President Donald Trump titled “Restriction on Entry of Certain Non-Immigrant Workers” announcing a $100,000 fee per H-1B visa petition has dramatically altered the landscape for employers seeking to use this visa program.

There has been much misinformation circulating about H-1B visas. For example, while many claim an H-1B visa allows employers to hire employees at a lower rate, the opposite is actually true. H-1B employees cost employers more than American citizens in the same role (as we’ll explain). Because incorrect information about the H-1B visa has been widely circulated, this article will set the story straight.

What is an H-1B visa?

The H-1B visa, which is very difficult to obtain, is a nonimmigrant visa that permits U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. These roles typically require at least a bachelor’s degree and specialized knowledge. Nonexempt, hourly, unskilled laborers, such as farmworkers or healthcare aides, don’t qualify.

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