White House says $100,000 H-1B fee applies only to new applicants, not current holders
Clarification comes as tech and finance firms brace for next year's visa lottery
The White House on Saturday clarified that the new $100,000 filing fee for high-skill H-1B visas applies only to new applicants and does not apply to current visa holders or renewals. The policy takes effect Sunday at 12:01 a.m. ET, and it would bar H-1B workers from reentering the United States after that unless their sponsoring employer pays the fee, according to a White House official who spoke to The New York Post. The official said the fee is one-time and applies only to new visa applications.
Commerce Secretary Howard Lutnick had previously described the fee as an annual charge, prompting confusion among technology and financial firms that rely on foreign workers. The White House official clarified the terms on Saturday, noting the $100,000 fee is one-time and applies only to new visa applications, not renewals or current H-1B holders. The mixed messages prompted companies and immigration lawyers to urge workers on the visas to stay in the United States or to try to return before the deadline, while guidance remained unclear.
The rules target the H-1B program, which requires at least a bachelor’s degree and is used by many tech companies to hire workers with specialized skills. The policy will not affect this year’s lottery cycle; the effect will begin with the next year's submission season, when applicants would face the new fee for new petitions. The White House has framed the measure as a way to pressure companies to train U.S. workers instead of relying on foreign labor.
Technology giants and financial firms noted in internal communications that the measure would complicate staffing and visa planning. Microsoft, Amazon, and JPMorgan have been among the loudest voices offering guidance to employees. Internal emails reviewed by Reuters advised H-1B holders currently in the United States to remain and avoid international travel until the government provides clear guidance. "H-1B visa holders who are currently in the U.S. should remain in the U.S. and avoid international travel until the government issues clear travel guidance," read one message from Ogletree Deakins, a law firm that handles visa applications for JPMorgan.
The White House is also touting a separate line of visas that would reward applicants willing to pay higher fees with expedited treatment. The administration has described a “Gold Card” concept that would carry a $1 million price tag for expedited processing, and a plan to charge $2 million for a sponsor seeking such a card. A “Trump Platinum Card” would cost $5 million and allow foreigners to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income. The White House said the Gold Card concept and the Platinum Card are part of broader reforms intended to manage high-skilled labor flows and incentives.
White House spokesperson Taylor Rogers said Saturday that the measures are aimed at putting American workers first and deterring abuses of the system. "President Trump promised to put American workers first, and this commonsense action does just that by discouraging companies from spamming the system and driving down wages," Rogers said. "It also gives certainty to American businesses who actually want to bring high-skilled workers to our great country but have been trampled on by abuses of the system."
Officials emphasized that guidance for visa procedures and travel remains in flux as the administration says more details will follow. Critics have argued that the program functions as a pipeline for overseas workers who accept lower salaries, while supporters say the reforms are needed to protect American workers and ensure domestic training pipelines keep pace with high-tech job growth. The administration has signaled this is a first step in a broader set of changes to how high-skilled labor is sourced in the United States, including education and workforce development initiatives.
As companies adjust, compliance teams and immigration lawyers have urged workers to monitor government guidance and to decide on travel plans carefully as the deadline approaches. The next steps will unfold with guidance from federal agencies and the details of how the one-time fees will be assessed in practice, including how they affect existing petitions and future petitions in the annual lottery.
