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Trump’s $100,000 H‑1B Surcharge Takes Effect, Upending Hiring and Triggering a Global Talent Realignment

Clarifications limit the charge to new petitions, with unresolved rules and mounting costs reshaping hiring plans.

Overview

  • USCIS and White House officials say the one‑time surcharge applies only to fresh H‑1B petitions filed after Sept. 21, leaving existing holders and renewals unaffected but leaving ambiguity over transfers and timing.
  • Companies issued travel advisories, paused recruiting and sought legal guidance as the abrupt rollout created operational uncertainty for HR teams and visa counsel.
  • Large sponsors face nine‑ to ten‑figure exposure based on recent approval volumes—Amazon had nearly 10,000 last year—while immigration attorneys and VCs warn the levy functions as an “insurmountable founder tax” for startups.
  • Competing destinations are actively courting displaced talent, with Canada outlining fast‑track options, European programs expanding, and China preparing to launch a STEM‑focused K‑Visa on Oct. 1.
  • The policy is paired with proposed changes including wage‑weighted H‑1B selection and a “Gold Card” residency pathway tied to major donations, as immigration groups ready legal challenges.