The H-1B visa strategy proposed by President Trump may change whether and how American businesses hire foreign workers.
This is a particularly perplexing period for foreign nationals in the United States on a work visa.
The administration will begin charging a $100,000 charge for H-1B visa applications over the weekend, President Donald Trump said Friday. U.S. businesses are able to hire foreign workers under the H-1B program, initially for a maximum of three years with the option of a three-year extension.
Currently, up to 85,000 new H-1B visas are issued annually, and prospective applications are sorted using a lottery system.
On Saturday, the White House provided some clarification, stating that the $100,000 charge will only be applied to new visas, not to existing visa holders, renewals, or lottery winners this year. Additionally, it stated that current visa holders could still enter and exit the United States.
However, a large number of those with the visa, including many computer workers, have been in a panic about what the future might bring and whether the United States is still a welcoming place for them to stay. A worker named Brian told MarketWatch, “With everything feeling so uncertain, I can’t help but wonder, what’s the point of staying here, trying to contribute?” he asked that his last name not be used.
“I can’t help but wonder, what’s the point of staying here, trying to contribute, when everything feels so uncertain?” Brian, who is in the United States on an H-1B visa.
Concerns about their status and their ability to leave the United States and still return have been brought up by Brian and others in similar circumstances. Additionally, MarketWatch invited its followers on social media sites like LinkedIn, Instagram, and X to share any queries or worries they had about the new policy. Confusion about whether the new cost might still apply to H-1B renewals or whether it would deter American businesses from recruiting foreign labor were some recurring themes.
In the meantime, American businesses have also been attempting to decide what to do with their employees who are under the H-1B program.
According to a Reuters report, certain corporations, including Microsoft (MSFT), Amazon (AMZN), and JPMorgan Chase (JPM), had encouraged staff with H-1B visas to return to the U.S. before midnight Saturday before the White House clarified the situation on Saturday.
Read more: ‘No company is safe’: Trump’s H-1B surprise targets his tech partners
MarketWatch discussed the concerns surrounding the revised visa rules with many immigration lawyers and other specialists. Here are a few of the things they told us.
Is it safe for workers on H-1B visas to remain in the United States? What about people who are still expecting to find work in our country?
Although the situation is extremely changing, lawyers normally advise people who currently have visas not to worry too much. This also goes for individuals who were lucky enough to win the 2025 lottery or those who are renewing their visas. In other words, their businesses shouldn’t have to spend $100,000 to retain them.
Experts say that this White House move is all about fresh applications, but because of the possible six-figure expense, it may actually discourage businesses from hiring foreigners.
“We should expect a significant drop in H-1B lottery applications,” remarked Aventura, Florida-based immigration lawyer Michelle A. Abeckjerr.
Should you feel secure traveling abroad if you have an H-1B visa?
Lawyers warn it might not be worth the danger to leave the United States at this time, regardless of what the White House says. And it might be a good idea to return quickly if you’re currently overseas, for example, on a family vacation or for work.
“Until we get true definitive guidance, it’s better for corporate clients to situate themselves in the United States,” stated Nicole Gunara, principal immigration lawyer at Manifest Law, an Arizona-based practice.
What happens if you wish to change occupations in the United States yet have an H-1B visa?
Attorneys say that raises a lot of questions because it’s not obvious whether the Trump administration’s policy will apply in a transfer scenario. Theoretically, the new employer might have to pay $100,000 to hire the worker, which would make them reluctant to hire people in such circumstances.
“Out of caution, employers should assume the fee applies to most filings other than straightforward extensions with the same employer,” Gunara stated.
Is it really so big of a concern if firms must spend $100,000 to recruit someone?
Experts believe it all depends on the business. The cost would be less than $17,000 year, spread over the six years that an H-1B visa can be in effect. Large firms can probably afford that amount.
Smaller companies, however, may find it difficult as they frequently depend on highly qualified overseas workers. Midsized businesses “face tough hiring and operational choices,” according to Josh Pantony, CEO of the financial AI platform Boosted.ai.
What other considerations ought H-1B visa holders to have?
Assuming they wish to remain in the United States after their visa expires, which typically entails applying for permanent residency through the green card program, even if they feel secure for the time being, there is always the next step to consider. Additionally, Hector Diaz, a lawyer with the Miami-based business Your Immigration Attorney, believes it’s crucial to consider the changes in immigration policy under the current administration and begin organizing your documentation.
“Now more than ever, you have to dot your i’s and cross your t’s,” he stated.
This narrative was written by James Rogers and Isabel Wang.
