US: Trump Announces Fresh H-1B Move Affecting Foreign Workers

• The Trump administration renewed a $100,000 fee on new H-1B visa holders, extending it for a further 12 months until September 2027
• A federal judge previously ruled the fee an unlawful tax, yet fewer than 750 payments were recorded in the past year despite the administration projecting billions in revenue
• A new executive order directs federal agencies to apply heightened scrutiny to H-1B applications, particularly from companies that have recently laid off staff

The Trump administration has renewed a $100,000 fee targeting new H-1B visa applicants and signed an executive order requiring closer federal scrutiny of H-1B filings, according to a Forbes report published recently.

The fee, first introduced via a presidential proclamation on 19 September 2025, has been extended for an additional 12 months through to 21 September 2027.

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The proclamation cited persistent conditions that it claimed necessitated the original restrictions, stating that without an extension, "progress will halt and program abuse will resume, undermining American workers."

H-1B fee draws legal and fiscal questions

The renewal comes despite a federal judge having ruled the original fee an unlawful tax. The practical effect of the charge has been stark: just over 700 payments were recorded in the year since it took effect, a figure that contradicts the administration's separate proposal to introduce a related fee of $103,265, which the government projected would generate billions of dollars in revenue.

H-1B visas are frequently the only available route for highly skilled foreign nationals to secure long-term employment in the United States. Employers are required to pay holders either the actual or prevailing wage offered to American professionals with comparable qualifications. The visa category is particularly significant in the technology sector, where companies recruiting at US universities report that international students account for roughly 75% to 80% of full-time graduate enrolments in artificial intelligence and computer science programmes.

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Broader crackdown on foreign worker access

The executive order signed alongside the fee extension directs federal agencies to examine H-1B petitions with greater rigour, with particular attention placed on applications submitted by companies that have recently conducted layoffs. The directive echoes conditions seen during Trump's first term, when Requests for Evidence issued to employers rose sharply.

The two measures form part of a wider set of proposals the administration is advancing simultaneously. These include a Labour Department rule to substantially raise the prevailing wage threshold for H-1B holders and green card applicants, a proposed rule to eliminate work authorisation for many spouses of H-1B visa holders, a proposal to end the 60-day grace period available to H-1B holders who lose their jobs, and restrictions on international students and J-1 visa holders. A federal district judge recently delayed the effective date of one such rule affecting international students.

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The cumulative effect of these measures, analysts note, is likely to make it considerably harder for US employers to recruit and retain foreign-born talent across skilled industries.

US expands scrutiny to 3 visa categories October 1

Earlier, YEN.com.gh reported that the United States was increasing its social media vetting programme to cover three new visa categories from October 1.

This would require affected applicants to make every social media account publicly visible as a condition of their application.

The State Department said the I, TN and TD visas would be added to the growing list of classifications already subject to online screening.

Source: YEN.com.gh