New US$100,000 Payment Required for H-1B Petitions, Effective September 21, 2025
September 23, 2025 · EB-5 · 13 min read
On September 19, 2025, U.S. President Donald J. Trump signed a Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” requiring a US$100,000 payment with each new H-1B petition. The measure took effect on September 21, 2025 and runs for one year unless extended. The policy is expected to bring significant change for U.S. employers and for international professionals seeking to work in the United States.
What is the H-1B visa?
The H-1B is a U.S. nonimmigrant work visa for a specialty occupation, meaning a role that requires highly specialized knowledge in a specific field such as science, engineering, IT, medicine, and other professional occupations.
To qualify, a foreign national must hold at least a bachelor’s degree or the equivalent, with specialized knowledge in the field of work, and must be sponsored by a U.S. employer for a position related to that specialty. The H-1B visa allows the holder to live and work in the United States for a fixed period, generally up to a total of six years.
The H-1B visa is one of the most widely used routes for professionals worldwide to work in the United States. Based on U.S. Citizenship and Immigration Services (USCIS) data, the five largest users of the H-1B program are reported as Amazon (9,000 approved petitions), Google (5,364), Meta (4,844), Microsoft (4,725), and Apple (3,873).
Details of the new measure
Key provisions of the proclamation as signed:
- The US$100,000 payment applies to each new H-1B petition filed after September 21, 2025.
- It does not apply to H-1B visas already issued, to petitions filed before that date, or to extension requests.
- An employer seeking to sponsor an H-1B worker must show that the payment has been made before USCIS will consider the petition for approval.
- The requirement is to remain in effect for 12 months and may be extended.
The administration has also indicated that this is only the first step in a broader reform of the H-1B program. Further measures could include:
- Raising the required wage levels, so that employers must pay higher salaries and cannot hire foreign workers at low cost.
- Changing the H-1B lottery to favor candidates with higher salaries and stronger qualifications, rather than the random selection used previously.
Why is the U.S. tightening the H-1B program?
According to the White House, the US$100,000 H-1B payment is not a random step but a response to problems that have built up over many years:
- Sharp growth of foreign workers in STEM fields: between 2000 and 2019, the number of foreign nationals working in science, technology, engineering, and mathematics (STEM) in the United States doubled, while the American workforce in these fields grew by about 44.5%. The administration argues that domestic workers have faced growing competition in their own market.
- Inconsistencies in large employers’ hiring practices: several U.S. technology companies cut tens of thousands of domestic staff while filing, and obtaining approval for, tens of thousands of H-1B petitions. The Trump administration took this as evidence that employers were using the H-1B program to replace American workers with lower-cost labor from abroad.
- Unemployment pressure in the technology sector: unemployment among Americans holding bachelor’s degrees in computer science and computer engineering is high, in some fields roughly twice the rate seen in other occupations. The administration argues that even where American talent is available, it is at a disadvantage against the inflow of foreign workers.
On the basis of these figures, the Trump administration concluded that the H-1B program is placing heavy pressure on the domestic labor market and weakening the incentive for Americans to pursue STEM careers. That is the central reason it decided on far-reaching reform, both to protect American jobs and to return the H-1B program to its original purpose.
Impact and a new direction
The new payment requirement is expected to create a significant barrier, particularly for small and mid-sized employers that cannot absorb sponsorship costs at this level. For foreign professionals, securing the right to work in the United States on an H-1B visa is likely to become considerably harder.
The measure signals that the H-1B route is becoming less dependable as a basis for working and building long-term residence in the United States.
Given how abruptly the policy changed, we believe international investors and business owners should consider alternatives rather than relying on a work program that continues to tighten. Two investment migration routes are governed by statute rather than by executive action:
- For investors, the EB-5 program offers a structured route to a U.S. green card (permanent residence) through an at-risk investment in a qualifying U.S. project. Approved investors and their immediate family first receive two-year conditional permanent residence, supporting a clearer plan for the family’s future in the country.
- The L-1A visa, in turn, is a strategic option for entrepreneurs and senior managers expanding a business into the United States. It is a nonimmigrant visa, but it can position the executive and their family for a later petition under the EB-1C multinational manager or executive category.
IMM Group, a strategic partner for your family’s move to the United States
The global investment migration landscape is constantly shifting and increasingly complex. Investors need an advisory partner who not only helps them prepare a sound application but also gives their family peace of mind about the future. For the U.S. EB-5 investment immigration program, as for all of our global investment migration solutions, IMM Group stands out as a strategic advisory partner, supporting you with experience and integrity.
As a long-established firm with more than 21 years’ experience advising families in Vietnam, IMM Group acts as an adviser rather than a distributor, and we do more than advise: we design global investment migration solutions built on:
- Rigorous due diligence and risk management: Our experience handling hundreds of cases, including complex ones, enables us to conduct multi-layered project due diligence and to act carefully in investors’ interests, including in difficult market conditions.
- In-depth professional advice and full transparency: Every IMM Group adviser and case manager holds investment migration advisory certification from the Investment Migration Council (IMC). Our team sets out benefits and risks in full, so you can make decisions based on complete and accurate information. We put our clients’ long-term interests first.
- Integrity and commitment every step of the way: Guided by our philosophy, “Serving with Authentic Values,” IMM Group stays with you from the first step until you have settled in your new country. Integrity is our foundation, and where our contract provides for it, we refund service fees if risks beyond the client’s control arise.
- Receiving and giving back: Since 2025, IMM Group has operated as a social enterprise, committing at least 50% of its annual profits to the Be Better Fund. By choosing IMM Group, you also help hundreds of students facing exceptional hardship gain a chance to change their lives.
If you are considering U.S. permanent residence through the EB-5 Immigrant Investor Program, contact IMM Group or leave your details below. Our experienced advisers will provide detailed guidance and help you assess your eligibility. We will keep your personal data confidential and use the information you provide only to advise on your family’s case.
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