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$100K H-1B Fee? Analyzing Trump’s Policy with Nicole Gunara of Manifest Law

Sep 23, 2025
Nicole Gunara, Principal immigration attorney at Manifest Law, dives into the $100K H-1B policy that has sent Silicon Valley into a frenzy. She breaks down the proclamation's complexities, including confusing definitions around renewals and transfers. Employers learn to audit their pipelines and explore alternative visa routes like E-3 and O-1 to mitigate risks. The discussion reveals how this shift favors big tech over startups, aligning with governmental goals to prioritize domestic talent. Tune in for insightful strategies and future implications!
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INSIGHT

What The Proclamation Actually Did

  • The proclamation orders agencies to assess a one-time $100,000 fee on H-1B petitions, creating immediate industry alarm.
  • Officials clarified some limits but many key details remain ambiguous and evolving.
INSIGHT

Who Is Clearly Exempted

  • USCIS exempted people with pending filings before Sept 21, approved petitions before that date, and holders of valid H-1B visas.
  • The government also signaled the fee applies to new lottery winners starting March 2026.
ADVICE

Be Conservative About Transfers

  • Assume transfers could be treated as new petitions and budget conservatively for fee exposure.
  • Don't rely on informal signals; wait for concrete guidance when planning transfer filings.
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