President Donald Trump signed a Proclamation on Friday requiring employers to pay $100,000 when filing new H-1B petitions for foreign workers. The order blocks entry for H-1B applicants not accompanied by that payment, with exemptions allowed in cases deemed in the national interest.
As Trump began his second term, he made several statements defending and supporting aspects of the H-1B visa programme, balancing his America-First rhetoric with recognition of its role in attracting foreign talent. He said, “I like both sides of the argument, but I also like very competent people coming into our country, even if that involves them training and helping other people who may not have the qualifications they do.”
“I’ve always liked the visas. I have always been in favour of the visas. That’s why we have them. I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great programme,” Trump also said.
He added that he wants “competent people coming into our country” not only in high-skill roles but at various levels of work, including maitre d’s, wine experts, even high-quality waiters — “you’ve got to get the best people.”
Also Read| Trump slaps $100,000 fee on H-1B visas in latest crackdown
Implementation and Verification
Under the Proclamation, the Secretary of Homeland Security will deny petitions from applicants outside the US that are not accompanied by the $100,000 payment. Employers must retain evidence of payment, which the Secretary of State will verify during processing. Non-payment will trigger denials. The Departments of State and Homeland Security must enforce these rules.
Oversight and Wage Revisions
The Proclamation orders joint guidance from the Departments of Labor and Homeland Security covering verification, enforcement, audits, and penalties. The Secretary of Labor must start rulemaking to raise prevailing wage levels; the Secretary of Homeland Security must prioritize approvals for high-skilled, high-paid applicants.
Growth of H-1B Use
According to the source data, the share of IT workers with H-1B visas rose from 32% in fiscal year 2003 to over 65% in recent years. Unemployment among recent computer science graduates is currently 6.1%, and 7.5% among computer engineering graduates — more than double the rates for biology or art history majors. Between 2000 and 2019, the number of foreign STEM workers in the US more than doubled, while overall STEM employment increased by 44.5%.
Layoffs and H-1B Approvals
The administration cited several companies that increased their H-1B approvals while also laying off U.S. workers. Examples include a company approved for 5,189 H-1B workers in FY 2025 while laying off about 16,000 U.S. employees; another with 1,698 approvals that laid off 2,400 workers in Oregon; a third cutting its U.S. workforce by 27,000 since 2022 while getting 25,075 H-1B approvals; and yet another cutting 1,000 jobs in February despite receiving 1,137 H-1B approvals.
The Proclamation states that some U.S. IT workers have been forced to train foreign replacements under nondisclosure agreements. It claims these trends discourage Americans from choosing STEM careers.
Prioritizing American Workers
This payment rule is part of a broader agenda by Trump to put American workers first. His administration says all employment gains since he returned to office have gone to American-born workers, in contrast to a similar period the prior year under the Biden Administration when gains went to foreign-born workers. Other measures include new trade deals, use of tariffs to protect manufacturing, and restricting illegal aliens’ access to federal workforce development resources.
As Trump began his second term, he made several statements defending and supporting aspects of the H-1B visa programme, balancing his America-First rhetoric with recognition of its role in attracting foreign talent. He said, “I like both sides of the argument, but I also like very competent people coming into our country, even if that involves them training and helping other people who may not have the qualifications they do.”
“I’ve always liked the visas. I have always been in favour of the visas. That’s why we have them. I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great programme,” Trump also said.
He added that he wants “competent people coming into our country” not only in high-skill roles but at various levels of work, including maitre d’s, wine experts, even high-quality waiters — “you’ve got to get the best people.”
Also Read| Trump slaps $100,000 fee on H-1B visas in latest crackdown
Implementation and Verification
Under the Proclamation, the Secretary of Homeland Security will deny petitions from applicants outside the US that are not accompanied by the $100,000 payment. Employers must retain evidence of payment, which the Secretary of State will verify during processing. Non-payment will trigger denials. The Departments of State and Homeland Security must enforce these rules.
Oversight and Wage Revisions
The Proclamation orders joint guidance from the Departments of Labor and Homeland Security covering verification, enforcement, audits, and penalties. The Secretary of Labor must start rulemaking to raise prevailing wage levels; the Secretary of Homeland Security must prioritize approvals for high-skilled, high-paid applicants.
Growth of H-1B Use
According to the source data, the share of IT workers with H-1B visas rose from 32% in fiscal year 2003 to over 65% in recent years. Unemployment among recent computer science graduates is currently 6.1%, and 7.5% among computer engineering graduates — more than double the rates for biology or art history majors. Between 2000 and 2019, the number of foreign STEM workers in the US more than doubled, while overall STEM employment increased by 44.5%.
Layoffs and H-1B Approvals
The administration cited several companies that increased their H-1B approvals while also laying off U.S. workers. Examples include a company approved for 5,189 H-1B workers in FY 2025 while laying off about 16,000 U.S. employees; another with 1,698 approvals that laid off 2,400 workers in Oregon; a third cutting its U.S. workforce by 27,000 since 2022 while getting 25,075 H-1B approvals; and yet another cutting 1,000 jobs in February despite receiving 1,137 H-1B approvals.
The Proclamation states that some U.S. IT workers have been forced to train foreign replacements under nondisclosure agreements. It claims these trends discourage Americans from choosing STEM careers.
Prioritizing American Workers
This payment rule is part of a broader agenda by Trump to put American workers first. His administration says all employment gains since he returned to office have gone to American-born workers, in contrast to a similar period the prior year under the Biden Administration when gains went to foreign-born workers. Other measures include new trade deals, use of tariffs to protect manufacturing, and restricting illegal aliens’ access to federal workforce development resources.
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