President Donald Trump issued a proclamation on September 19 titled “Restriction on Entry of Certain Nonimmigrant Workers,” introducing a significant policy change for the H-1B visa program. Effective September 21, all new H-1B petitions must include a one-time $100,000 payment. Without this fee, U.S. consulates will not issue visas to foreign workers abroad. However, current H-1B holders and petitions already in process remain unaffected, and renewals can proceed under existing rules. This policy is slated to last for 12 months but may be extended.
The Departments of Homeland Security and Labor have also been directed to propose new rules that would raise prevailing wage standards and prioritize higher-paying jobs in the H-1B lottery. These measures aim to shift the program toward top-tier, high-salary positions.
Indiana is particularly impacted, as its employers rely heavily on the H-1B program to fill specialized roles in sectors like engineering, IT and research. In 2024, Indiana businesses filed nearly 2,900 H-1B petitions, with companies such as Cummins, Eli Lilly, Purdue University and Infosys among the top sponsors. Large-scale investments – like SK hynix’s $4 billion semiconductor facility – also depend on international talent, making the new fee a significant cost consideration. Some positions may qualify for a “national interest” exemption.
For smaller firms, the $100,000 charge may be cost-prohibitive, discouraging them from hiring international candidates. Larger employers may absorb the cost, but will need to be more selective about which roles justify the expense. The most notable impacts will likely occur during the next H-1B cap season in spring 2026.
In response, Indiana employers are encouraged to explore alternative visa options, such as L-1, TN, E-3, O-1 and cap-exempt H-1Bs, or utilize F-1 OPT and STEM extensions. Employment-based green cards and national interest waivers may also be viable.
Legal challenges to the proclamation are expected, and questions remain about whether the $100,000 fee will be refundable if a petition isn’t selected. For now, Indiana employers must act quickly to adapt visa strategies, manage costs and secure global talent amid evolving immigration rules.
