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Fact Sheet: President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers

Regulation & LegislationElections & Domestic PoliticsTechnology & InnovationTrade Policy & Supply ChainTax & Tariffs

President Trump has issued a Proclamation restricting H-1B nonimmigrant worker entry by imposing a $100,000 payment requirement for new petitions from individuals outside the U.S., citing concerns over American job displacement and national security. This policy aims to curb H-1B program abuses and will direct rulemaking to revise prevailing wage levels and prioritize high-skilled workers. The new mandate significantly increases costs for companies utilizing the H-1B program, particularly in tech, potentially impacting their talent acquisition strategies and operational expenses.

Analysis

A new Presidential Proclamation introduces a significant financial barrier to hiring foreign talent by mandating a $100,000 payment for new H-1B visa petitions for applicants residing outside the United States. This policy is explicitly designed to curb perceived abuses and protect domestic jobs, citing evidence such as the share of IT workers on H-1B visas rising from 32% in FY 2003 to over 65% in recent years, alongside elevated unemployment for recent U.S. computer science graduates (6.1%). The administration's justification points to a pattern of unnamed companies receiving thousands of H-1B approvals while simultaneously laying off large numbers of U.S. employees. Beyond the immediate cost increase, the proclamation directs the Departments of Labor and Homeland Security to initiate rulemaking to revise prevailing wage levels and prioritize high-skilled, high-paid workers. This signals a potential long-term structural shift in the U.S. skilled-worker immigration system, creating substantial operational and financial uncertainty for sectors heavily reliant on the H-1B program, most notably technology and IT services.

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