We continue to get questions from our clients regarding the changes to the H-1B Visa program recently signed by President Trump and his administration. The following may provide some additional clarity:
What is the H-1B program for ‘Specialty Occupation Workers’?
The program allows U.S. employers to temporarily hire skilled foreign professionals for “specialty occupations” that require a bachelor’s degree or higher in a specialized field, such as engineering, computer science, or medicine.
The top five countries participating in the program in 2024 were:
- India: 283,397 (71%)
- China: 46,680 (11.7%)
- Philippines: 5,248 (1.3%)
- Canada: 4,222 (1.1%)
- South Korea: 3,983 (1%)
The total number of H-1B approvals in FY 2024 was 399,395.
How has the program changed?
As of September 21, 2025, under The Presidential Proclamation a major new development was introduced requiring that new H-1B petitions be accompanied by a $100,000 fee. Previously, H-1B petitions cost employers between $2,000 and $5,000 to process.
Key provisions:
- This fee applies to new petitions only
- The fee does not apply to existing H-1B holders
- The fee does not apply to extensions
- Existing H-1B holders seeking to change employers will likely avoid the new fee, because the worker has already been counted under the H-1B cap
- The current proclamation is effective for 12 months and may be extended
This fee only applies to petitions for the H-1B visa. For instance, Canadian and Mexican citizens have a separate visa program called a TN Visa available for specific professions under the USMCA (formerly NAFTA).
Under existing rules, employers pay for H-1B fees (e.g. filing fees, attorney fees) and cannot pass the fees to the employee, and while provisions exist that H-1B workers are compensated the same as permanent workers, the reality does not bear that out.
The proclamation includes a potential exemption for individuals whose employment is deemed to be in the U.S. national interest, as determined by the Secretary of Homeland Security. This and other potential exemptions do not have specified criteria or application processes as yet, but potential areas may include critical infrastructure, healthcare, or advanced technology.
Note that with this new proclamation, there is a risk of inconsistent application, delays in implementing mechanisms for payment, and legal challenges.
Sources and additional reading:
United States Citizenship and Immigration Services