On September 19, 2025, the Trump Administration issued a proclamation entitled “RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS,” aimed directly at the H-1B visa program. The Department of Commerce is imposing a $100,000 visa petition fee (USCIS) for applicants seeking this highly coveted visa. Last Friday, the US Chamber of Commerce sent the Secretary of Commerce a letter detailing its concerns about the proclamation and suggestions for improvement. https://www.uschamber.com/immigration/letter-to-the-secretary-of-commerce-on-the-h-1b-program?trk=feed_main-feed-card_feed-article-content

Here are two of their concerns that are particularly germane to the water sector, including manufacturing and utilities.

1) The new $100,000 fee will reduce the number of H-1B visa holders at a time when they are most needed. This will impede economic growth and job creation. While the American workforce has grown by nearly 21 million people over the last 20 years, the number of H-1B visas has remained flat. To the extent that the new fee limits the number of visas that are economically viable, it will reduce the overall level of highly skilled workers contributing to the American economy, stifling domestic job creation and wage growth. Further, the high cost of using an H-1B visa would serve as an incentive to relocate certain business functions overseas, thus resulting in a reduction in native employment alongside the reduction in H-1B workers.

2) The new $100,000 fee will be especially detrimental to smaller firms. For Fiscal Year 2025, there were 14,892 firms that secured only one new H-1B visa. Many of these are small to mid-size firms or startups. These firms are likely to have little ability to incur the additional $100,000 in costs that have been proposed.

Contrary to the common notion that the H-1B program only impacts the professional services and information sectors, the program is actually used by a wide range of employers. According to data published by U.S. Citizenship and Immigration Services, on the 14,892 firms that were approved for just one H-1B visa:

  • More than 1,400 are in the manufacturing sector;
  • Approximately 1,300 are in the healthcare and social services sector;
  • Over 900 are in the wholesale, retail or transportation and warehousing sectors: and
  • Over 500 are in mining

The National Foundation for American Policy also put out a comprehensive overview of the proposed H1-B rule and its potential impact on small and medium sized businesses. https://nfap.com/wp-content/uploads/2025/09/Proposed-H-1B-Selection-Rule.NFAP-Policy-Brief.September-2025.pdf

WWEMA will continue to track this very important policy move and will issue further advisories as the policy evolves and expected legal challenges reach the courts.