New US H-1B policy: Economic, Social, and strategic impacts for Central America

On September 19, 2025, President Donald Trump’s administration issued a proclamation that marks a turning point in the use of the H-1B visa. The rule establishes that all new applications in this category, used mainly by highly skilled workers, must be accompanied by a supplementary payment of $100,000. Failure to comply may result in the denial of the application and beneficiaries will be barred from entering the country for a period of 12 months.

The official argument is to protect the U.S. labor market, reduce abuses in the program, and prioritize higher-paying profiles. However, the measure has generated controversy: the technology industry and business organizations anticipate lawsuits, considering that it exceeds executive authority and will negatively impact competitiveness.

For U.S. companies, especially startups and small and medium-sized businesses, this measure means an immediate increase in the cost of hiring foreign talent. This additional payment makes the use of the H-1B visa unfeasible in many cases, forcing companies to rethink their recruitment strategies, resort to other alternatives within the various visa programs, or simply limit international mobility.

At the same time, sectors such as technology, academia, and research anticipate a reduction in the arrival of highly qualified professionals, which could create gaps in critical areas of innovation.

The measure imposing an extraordinary fee of US$100,000 on certain H-1B applications is not without legal and political questions.

First, several analysts and specialized law firms have warned that lawsuits could be filed against the provision, alleging that it exceeds the authority of the Executive Branch and contradicts the fee rules established by Congress. Some states, such as California, have even expressed their intention to explore legal action against this policy.

Second, the technology and business sector, the main user of the H-1B program, has reacted with strong concern and is expected to actively pursue litigation or support initiatives to curb the measure, given the direct impact it would have on the hiring of international talent.

Finally, it should be noted that the future of the provision will also depend on the political landscape. In the United States, changes in administration often translate into significant shifts in immigration policy. A new administration could modify, soften, or even repeal the measure, although there is no guarantee that this will happen immediately.

Consequently, the impact of this reform must be analyzed not only in terms of its immediate application, but also considering the likelihood of legal challenges and the possibility of political reversal in the short or medium term.