White House Spokesperson Update: H-1B Visa Holders Must Pay $100,000 to Enter the U.S.

【2025.9 Update】The White House spokesperson gave further details on X.com, with several key points:

• $100,000 is not an annual fee; it is a one-time charge.
• People who already hold H1B status are not affected and do not need to pay $100,000 when returning to the U.S.
• This policy only affects new H1B applications; renewals are not included.
• The policy will take effect after the next lottery draw.

In short, it means he is limiting the next group of people selected in the H1B lottery, increasing the employer cost for processing these H1B cases (especially for people applying from outside the U.S.). People already in the process are not currently affected. But who knows what the next executive order will be…

About the New Policy

President Trump signed an executive order requiring the employer of an H1B visa holder to pay $100,000 so the holder can enter the U.S. The entry requirement takes effect on September 21. This policy does not currently affect people who are already inside the U.S.

• Official link

Policy core: Restricting H-1B visa entry and sharply raising costs

• Targets foreign nationals outside the U.S. who apply under INA Section 101(a)(15)(H)(i)(b)—that is, H-1B visa holders seeking to come to the U.S. for specialty occupations.
• Main measure: applications must be accompanied by a $100,000 payment in order to be approved and allowed entry.
• Effective period: restriction takes effect starting September 21, 2025, and lasts for 12 months (unless extended).

Policy purpose: crackdown on H-1B abuse

• The announcement states that certain employers (especially IT staffing/outsourcing firms) have systematically abused the H-1B program to replace U.S. workers and suppress wages, rather than supplementing a shortage of high-skilled talent.
• It argues that this abuse harms U.S. workers’ economic interests (wages and job opportunities) and national security (reducing incentives for U.S. workers to enter STEM fields, and ties to crimes such as visa fraud).

Waiver provision

• The Secretary of Homeland Security is authorized to waive the $100,000 fee requirement if employing one or more H-1B workers is in the national interest and does not threaten U.S. security and welfare.

Additional measures

• Raise prevailing wage standards: the Department of Labor is directed to revise H-1B prevailing wage requirements to higher levels.
• Prioritize high-skill, high-wage cases: DHS is directed to amend rules to prioritize high-skill and high-paying H-1B applications.
• Prevent visa abuse: the Department of State is directed to take steps to prevent approved H-1B holders from entering early on B visas.
• Extension review: relevant agencies are directed to evaluate within 30 days after the next H-1B lottery whether this restriction should be extended.

Impact on us

• If you hold H-1B and are currently outside the U.S., it is best to enter the U.S. before September 21.
• If you hold H-1B and are currently outside the U.S., it is best to enter the U.S. before September 21.
• If you hold H-1B and are currently outside the U.S., it is best to enter the U.S. before September 21.

For H-1B holders already in the U.S.:

• Limited direct impact: the order mainly restricts new applicants who are seeking to re-enter from outside the U.S. If you are already in the U.S. in valid H-1B status (for example, extension or transfer), the $100,000 requirement is likely not applicable to you.
• Indirect impact: you may still feel the policy climate tightening. Future job changes (H-1B transfers) may not be subject to this fee, but employers may be more cautious and approval workflows could become stricter. Higher prevailing wage requirements may also affect the salary levels needed for future extensions.

For Chinese applicants currently outside the U.S., selected in the lottery, and in the process of filing/awaiting approval:

• Situations are very severe. If your petition is filed after September 21, 2025, or was filed before that date but not yet approved, and you need to enter the U.S. from abroad to activate your visa, your employer must be willing and able to pay $100,000 for your petition to have a realistic chance of approval.
• Contact your employer immediately: This is the most important step. You should promptly reach out to your current or prospective employer’s legal team or immigration attorney to confirm whether they are aware of this policy and whether they are willing to pay this large amount.
• Explore waiver possibilities: ask your attorney whether your job or company background may qualify for a “national interest waiver” (though the bar is very high and ordinary tech roles are unlikely to qualify).

For Chinese students and professionals planning to apply for H-1B in the future:

• Expect very high costs: you should be aware that, for at least the coming year (and possibly longer), the cost for employers to recruit H-1B talent from overseas will rise sharply. This will make employers far less willing to hire H-1B employees abroad unless you are extremely top-tier and hard to replace.
• Prioritize an in-country status transition: if you have OPT, try to find work and file your H-1B application from within the U.S. during OPT. Once selected and approved, you can activate status inside the U.S. and avoid this “entry restriction” and the $100,000 fee (but watch OPT timing limits).
• Target higher-paying roles: the new policy explicitly prioritizes “high-skill and high-wage” applications. Work to improve your skills and aim for higher salary bands (such as Level 3 and Level 4); that can increase both lottery and approval chances, and may also strengthen a waiver case.
• Explore other visa options: discuss alternatives with your employer, such as O-1 (extraordinary ability visa) or L-1 (intra-company transfer/managerial visa), but each has strict eligibility requirements.
• Prepare backup plans: recognize that the H-1B pathway has become exceptionally difficult, and be prepared psychologically and professionally for scenarios where working in the U.S. may not be possible.

Summary

This order greatly increases the difficulty and cost of H-1B applications from abroad. For Chinese applicants, the key issue is whether your employer is willing and able to bear the $100,000 fee, or whether you can complete the entire process while inside the U.S. to avoid the “entry” step. Be sure to speak with your employer and immigration attorney as soon as possible to assess your situation and build a response plan.