Don’t Panic, Here’s What Trump’s New H-1B Rules Really Mean

In recent days, a wave of anxiety has rippled through the H-1B community. Many foreign professionals working in the U.S. are wondering: “Will I still be able to return? Will my visa be invalidated?” The good news: the new Trump administration changes do not affect H-1B holders who already have valid visas or approved petitions — which means your current status and future renewals are largely safe. Agencies have clarified that existing approved petitions and valid visa holders are not being revoked, and that the new H-1B fee is prospective.

There are still questions about how the program will affect those who filed just after midnight on September 20, or those in the process of changing employers, status, or filing amendments. These issues will likely not be solved until implementation guidance is complete.

What’s Changing: $100,000 Fee for New H-1B Petitions and Tighter Rules

On September 19, 2025, President Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” Beginning September 21, 2025, companies filing new H-1B visa petitions (for beneficiaries outside the U.S.) must pay a $100,000 one-time fee along with the usual USCIS filing fees.

Additionally:

• The administration plans to raise prevailing wage standards for H-1B positions, making lower-paid roles harder to justify.

• Proposed changes suggest prioritizing higher-skill, higher-paying positions over random lottery selection.

• Certain national interest exemptions may apply.

• The new H-1B rules will initially last 12 months unless extended.

  
  

In short, it’s becoming far more expensive and selective for employers to bring in new H-1B workers.

Why the Administration Says It’s Doing This

According to the White House, the changes are meant to protect American workers and prevent misuse:

1. Protecting U.S. jobs and wages – The Trump administration argues that low-salary H-1B roles undercut U.S. workers by paying below-market rates.

2. Preventing misuse – Officials claim some employers have abused the H-1B visa program to hire cheaper foreign labor.

3. Focusing on top talent – The policy aims to ensure only highly skilled and well-paid professionals qualify under H-1B visas.

4. National interest exceptions – The government may still approve H-1B petitions without the fee if the position is deemed in the national interest.

   
   

Critics argue these H-1B changes could strain industries dependent on global talent and invite legal challenges, since Congress traditionally sets visa fees.

What Isn’t Changing: Why Current H-1B Holders Can Breathe Easier

The most important point: these new H-1B rules generally do not affect current visa holders or those whose petitions were filed before the effective date.

• The $100,000 fee applies only to new petitions filed on or after September 21, 2025.

• Approved petitions and valid visas are not revoked.

• Extensions, amendments, and change of employer filings inside the U.S. do not appear to require the new fee.

• Those abroad with valid H-1B approvals filed before the effective date may reenter under existing rules.

If your H-1B visa is already active or approved, you are mostly unaffected. You can continue to travel, renew, or change jobs under existing USCIS rules.

Why People Are Panicking — and What to Watch Out For

Despite clarifications, confusion remains due to:

• The sudden announcement and lack of clear implementation guidance.

• Misunderstandings about “entry restrictions” leading some to believe valid visa holders can’t return.

• Concerns that travelers abroad may be denied entry if the $100,000 fee hasn’t been paid.

• Uncertainty around how extensions and employer changes will be treated long-term.

• Possible lawsuits that could alter or delay enforcement.

  
  

What You Should Do (For Current and Future H-1B Holders)

1. Don’t rush travel – If your visa is valid, reentry is still allowed.

2. Confirm validity – Make sure your petition, visa stamp, and amendments are up to date.

3. Consult an immigration attorney – If you plan to travel, change jobs, or file extensions, talk to your immigration lawyer.

4. Monitor updates – Legal challenges may change timelines or requirements.

5. Future applicants – Any H-1B petitions filed after September 21, 2025 will require the $100,000 payment (unless exempted).

The Trump administration’s new H-1B rules are a major departure from past norms and they will likely reshape how new petitions are made. For those already in the U.S. under H-1B status, however, the message is clear: you are not being suddenly thrown out or invalidated. Your current case, visa, or approved petition is largely safe from this change. Stay calm, gather facts, consult experts if needed.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.