What Trump’s $100K H-1B Fee Means for Tech Workers — Steps to Protect Your Job

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Summary

President Trump signed a presidential proclamation that imposes a $100,000 annual fee on H-1B petitions for workers outside the U.S. (with limited national-interest exemptions), part of a sweeping set of immigration changes announced Sept. 19–20, 2025. The move is already generating immediate operational fallout — major employers are scrambling to advise employees, industry groups warn of disruption, and legal challenges are expected. If you’re an H-1B worker (or sponsoring manager), act now: confirm your status with your employer, consult immigration counsel, avoid non-essential travel, and gather key documents.


Quick snapshot — what this change does

  • The White House proclamation conditions entry for many H-1B workers on an employer-paid $100,000 fee (with possible case-by-case national interest exemptions). The White House

  • Implementation moved very quickly; some firms instructed H-1B staff to remain in or return to the U.S. while they seek clarity. Expect immediate operational disruption for new consular processing and planned travel. Reuters+1

  • The policy is likely to be litigated as a potential overreach of executive authority; short-term operational guidance from USCIS/DHS may follow or be stayed by courts. The Washington Post+1

FAQ — fast answers H-1B workers and managers need

Q — Does this cancel my existing H-1B visa if I’m already in the U.S.?
A — Usually no immediate revocation of valid status for those lawfully admitted, but travel, renewal, or consular processing could be affected. Check with your employer and counsel before leaving the U.S. and keep your I-94, I-797, and recent paystubs handy. AP News

Q — If I’m outside the U.S. awaiting consular processing, can I enter?
A — Under the proclamation, entry for many H-1B workers outside the U.S. may be restricted unless the employer pays the $100K fee, subject to narrow national-interest exceptions. Consult the sponsoring employer and immigration counsel immediately. The White House

Q — Will this automatically cause my employer to fire me or pause my hiring?
A — Not automatically — but employers facing a sudden new cost may pause new hires, delay transfers, or explore alternatives (remote work, local hires, other visa categories). Ask HR for official guidance and any support they’ll provide. Reuters

Q — Should I travel internationally right now?
A — Avoid non-essential travel until you get clear guidance from your employer and counsel. Travel during a sudden policy change risks being denied re-entry or stuck in consular processing delays. Reuters

Q — What immediate documents should I gather?
A — I-94, most recent paystubs, Form I-797 approval notice, employer support letter, passport photo page, and any recent HR communications. Store digital copies in a secure place and keep originals accessible. AP News

Q — Who should I talk to inside my company?
A — Your HR business partner, immigration/legal counsel retained by the employer, and your manager. Ask for a written guidance note they can share with affected employees.

Concrete next steps — what to do in the next 72 hours

  1. Talk to HR / employer now. Ask whether the company has guidance, contingency plans, and legal counsel engaged. Request written confirmation of any advice. Reuters

  2. Contact an immigration attorney. Even a short consultation helps you understand travel, renewal, or transfer risk. Many firms are offering rapid advisories after today’s proclamation. AP News

  3. Delay non-essential international travel. If you must travel for emergencies, get legal sign-off and carry supporting documentation. Reuters

  4. Gather and secure documents. Scan and store I-94, I-797, passport, paystubs, offer letters and any employer correspondence.

  5. Consider contingency plans. These might include (a) transferring projects to onshore teammates, (b) exploring other visa categories (L-1, O-1, E-3 where applicable), (c) assessing remote work possibilities, or (d) short-term relocation planning.

  6. Monitor official sources. Check the White House proclamation and DHS/USCIS updates for formal guidance and any judicial developments. The White House+1

Mini employer email template — send this to affected staff 

Subject: Immediate update — H-1B proclamation and next steps for affected employees

Team,

You may have seen the White House proclamation announced on Sept. 19–20, 2025, that imposes a $100,000 fee on certain H-1B petitions. We understand this is concerning and are treating it as an urgent priority.

What we are doing now:

  • Our legal / immigration team is reviewing the proclamation and coordinating with outside counsel.

  • We will provide updated guidance on travel, visa renewals, and consular processing by [time/date]. Please do not travel internationally without prior approval.

  • If you have scheduled travel or consular appointments, contact HR immediately so we can coordinate and assist.

What you should do now:

  • Gather and upload copies of your passport, I-94, I-797, and recent paystubs to [secure internal portal].

  • Email HR at [hr@company] with any urgent concerns — we will prioritize support for employees with imminent travel or family impacts.

This situation is evolving; we will provide updates as soon as we have firm guidance. If you want to speak to immigration counsel, HR can help arrange a consultation.

— [Name], Head of HR / People Operations

Quick legal & practical caveats

  • Many outlets note the proclamation may face immediate legal challenges and implementation could be stayed or modified; stay alert for court orders or DHS/USCIS operational advisories. The Washington Post+1

  • This summary is informational only — it’s not legal advice. For individual immigration decisions, always consult an experienced immigration attorney.

Key sources 

  • Presidential proclamation & White House fact sheet (official). The White House

  • Associated Press coverage of the proclamation. AP News

  • Reuters / major reporting on industry reaction and employer advisories. Reuters

  • Washington Post analysis and legal reaction. The Washington Post

#CyberDudeBivash #H1B #ImmigrationNews #H1B100K #TechJobs #ImmigrationPolicy #VisaUpdate #ImmigrantWorkers #HRAlert #LegalUpdate #TravelAdvisory #TechHiring #CareerSecurity

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