Dreaming of working in the United States as a skilled professional? The H-1B visa has long been the golden ticket for engineers, IT experts, scientists, and other specialists seeking career opportunities in America. But now, a shocking update has shaken the immigration world. President Donald Trump has signed an executive order imposing a $100,000 annual fee on all new H-1B visa applications starting September 2025.
This change not only raises big questions about the future of the H-1B program, but also forces applicants and companies to rethink their strategies. In this article, we’ll break down everything you need to know about the H-1B visa from its meaning, eligibility, and duration, to whether it leads to a green card, and how Trump’s new rule could affect skilled workers worldwide.
What Is the H-1B Visa?
The H-1B is a nonimmigrant work visa that allows U.S. employers to hire foreign workers in “specialty occupations.” These occupations generally require a bachelor’s degree or its equivalent in fields like engineering, science, technology, mathematics, or medicine. To qualify, the job must demand a specialized knowledge base and a degree; and the foreign worker must have the relevant degree (or its equivalent). The company must also get approval through a Labor Condition Application (LCA) showing they’ll pay prevailing wages and won’t harm local U.S. workers.
Who Is Eligible for an H-1B Visa?
You may be eligible if:
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You have a job offer from a U.S. employer in a specialty occupation.
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You possess the required education at least a U.S. bachelor’s degree, or a foreign equivalent recognized by U.S. standards.
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The employer is willing to sponsor your visa and file the paperwork (LCA + Form I-129) with USCIS.
What Does H-1B Visa Really Mean?
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Non-immigrant status: It is not permanent; it is temporary, tied to employment.
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Employer-specific: You must work only for the employer who filed the petition. If you change employers, another employer must file a new petition.
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Visa vs Status: The visa is what allows entry/entry permission via embassy/consulate; the status (once inside the U.S.) allows work with that employer.
How Long Is an H-1B Visa Valid?
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Initial Duration: Typically granted for three years to begin with.Extensions: Can be extended for another three years, making a total of six years under H-1B status.
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Beyond Six Years: Under certain conditions, you can stay longer. For example, if you have filed for a green card (especially through an approved I-140) and are waiting for priority dates (under the permanent residency process).
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Time Outside U.S. Counted: If you spend time outside the U.S., that time may be “recaptured” and not count against the six-year limit.
Does an H-1B Visa Lead to a Green Card?
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Dual Intent Visa: The H-1B visa is “dual intent,” which means holders are legally allowed to be in the U.S. temporarily while having the intent to apply for permanent residency (Green Card) later.
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Pathways: Typically via employer sponsorship under categories like EB-2 or EB-3, or through PERM labor certification followed by I-140 petition, then adjustment of status (I-485).
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Delays & Backlogs: Many applicants face long waiting periods depending on country of origin, availability of visa slots, and other immigration rules. Having a job beyond H-1B or employer support helps.
Is H-1B Better Than a Green Card?
Let’s compare:
| Feature | H-1B Visa | Green Card (Permanent Residency) |
|---|---|---|
| Duration | Temporary, up to ~6 years (with some exceptions) | Permanent – valid indefinitely unless revoked |
| Job Flexibility | You must work for employer who petitioned for you; switching employers requires new filing | Much more flexible – you can change jobs more freely |
| Visa Renewal / Status | Must renew; tied to employer; limitations apply | No need to renew status; you’re permanent resident |
| Path to Citizenship | Possible, via green card first | Direct path after permanent residency duration (often 5 years) |
| Cost / Process | Less complex but temporary; employer dependent | More complex, longer process; more documents, higher waiting periods |
So, H-1B is not “better” than Green Card serves different purposes. H-1B is good for working in the U.S. temporarily, while Green Card gives permanence, freedom, and more rights.
What Is the Work Permit under H-1B?
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As an H-1B visa holder, you have authorization to work legally in the U.S. for the employer who petitioned for you.
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Dependents (spouse, children under 21) may get H-4 status; under certain conditions, spouses (H-4) may apply for employment authorization when the H-1B holder is in process of Green Card.
FAQ
Let me answer some of your specific questions clearly, with facts:
Q: Does an H-1B visa lead to a Green Card?
A: Yes — but not automatically. You need employer sponsorship, file PERM, get I-140 approved, then adjust status (I-485). It’s possible, and many H-1B holders do follow that route. VisaNation Law Group+1
Q: How long can I stay in the U.S. with an H-1B visa?
A: Usually up to 3 years initially; then extendable to 6 years total. Exception if you start Green Card process and meet certain criteria — you might stay longer.
Q: What does H-1B mean?
A: H-1B is a non-immigrant visa classification for workers in specialty occupations in the U.S. It allows foreign nationals to work temporarily under certain conditions. Wikipedia+1
Q: Who is eligible for an H-1B visa?
A: Someone with:
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A job offer from a U.S. employer in a specialty field
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A degree (bachelor’s or higher) or foreign equivalent
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An employer willing to file required documents (LCA, petition)
The New $100,000 Annual Fee from Trump’s Executive Order
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On September 19, 2025, President Donald Trump signed an order introducing a $100,000/year fee on all new H-1B visa applications. The fee applies each year, for up to six years.
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Some reports have mistakenly mentioned $150,000, but the confirmed figure in multiple reliable sources (AP News, Reuters, Washington Post, Guardian) is $100,000.
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This change adds significant financial burden on companies sponsoring H-1B employees, especially startups or smaller firms.
Impacts of the New $100k Visa Fee
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Cost Increase for Employers: They will need to budget for this fee for each H-1B employee each year. This may reduce willingness to hire foreign workers.
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Slower Application Rates: Some companies might avoid the process or reduce numbers.
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Potential Legal Challenges: The fee size and implementation might be contested in courts.
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Greater Focus on Green Card Route: H-1B holders may accelerate Green Card applications to avoid renewal costs.
Advice for Applicants
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If you plan to apply for H-1B in or after September 2025, factor in the increased cost.
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Start your Green Card process early if possible, to avoid being stuck under H-1B renewals.
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Work only with employers who are ready to support the process (paperwork, premium processing, etc.).
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Keep track of all documentation degree equivalency, job proof, LCA, etc.
