New H-1B Visa Policy Sparks Uncertainty for International Students and Employers

Strategic Insights -

The introduction of a $100,000 fee for certain H-1B visa petitions has left universities and foreign workers scrambling to understand the changes and their implications. The policy, announced through a presidential proclamation signed on September 19, 2025, requires new H-1B petitions filed on or after September 21 to include proof of the $100,000 payment. The fee applies to new petitions for workers outside the country or to cases where a change of status is denied, but not to current visa holders or students switching to H-1B status within the U.S.

Key Takeaways:

  • The $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025, for workers outside the country or cases where a change of status is denied.
  • The fee does not apply to current visa holders or students switching to H-1B status within the U.S.
  • The policy affects approximately 50 current Michigan Tech employees who hold H-1B visas.
  • The uncertainty surrounding the policy has already been felt by prospective workers, including members of Michigan Tech's African Student Organization.
  • The policy change and the introduction of a Pay.gov portal have added complexity to the application process, with employers and foreign workers still seeking guidance.
  • The presidential proclamation restricts entry for certain nonimmigrant workers, while Project Firewall polices the companies that hire them.
  • The "Compact for Academic Excellence in Higher Education" proposal would limit undergraduate international enrollment to 15 percent, with no more than 5 percent from any single country, in exchange for preferential access to grants and other benefits from the federal government.
  • The policy limiting opportunities for foreign talent is a concern for international students, who feel that the instability in policy creates a level of uncertainty.

Statistics:

  • 50 current Michigan Tech employees hold H-1B visas.
  • The proposed "Compact for Academic Excellence in Higher Education" would limit undergraduate international enrollment to 15 percent, with no more than 5 percent from any single country.

Sources:

  • [1] A presidential proclamation signed on Sep. 19, 2025, added a $100,000 fee to certain H-1B visa petitions.
  • [2] The White House and U.S. Citizenship and Immigration Services stated that the fee applies to new petitions for workers outside the country or cases where a change of status is denied.
  • [3] The Department of Homeland Security and U.S. Citizenship and Immigration Services issued updated instructions, including the launch of a Pay.gov portal for employers to address the $100,000 payment.
  • [4] Michigan Tech's Director of International Programs and Services, Christian Montesinos, stated that even with better guidance, there are still questions about the policy.
  • [5] The Department of Labor announced Project Firewall, an H-1B enforcement campaign, to protect "highly skilled American workers."
  • [6] The Labor Department called it an effort to authorize investigations of employers suspected of abusing the visa system by utilizing the Justice Department.
  • [7] The White House circulated a memo proposing a "Compact for Academic Excellence in Higher Education" to nine major universities, limiting undergraduate international enrollment to 15 percent.