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Trump Orders $100,000 Annual Fee on H-1B Sponsorships, Effective Sept. 21

The one-year order empowers Homeland Security to grant exemptions, setting up likely court challenges.

Overview

  • Petitions must include the $100,000 payment to be considered, with nonpaying cases denied beginning Sept. 21 for an initial 12-month period and applying to new applications and renewals.
  • The Homeland Security secretary can exempt specific individuals, companies or entire industries if doing so is deemed in the national interest.
  • Immigration experts question the executive branch’s authority to levy such a fee without congressional approval, signaling imminent lawsuits.
  • The policy will weigh most on technology employers and Indian nationals, who account for roughly 70% of approvals under the 85,000-visa cap used heavily by firms such as Amazon and Microsoft.
  • Announced alongside the fee, a paid “Gold Card” pathway offers expedited residency for $1 million from individuals or $2 million via corporate sponsorship.