The executive order that Donald Trump signed Friday in essence to sell yearly H1-B visas for U.S. companies to use skilled foreign labor at $100,000 a pop is riddled with hypocrisy, legal and practical issues.
The order imposed a $100,000 fee for H1-B visa applications to curb what his administration sees as overuse of the program and to force hiring of American-born workers — skilled or not.
The government issues about 65,000 of these visas each year, usually with another 20,000 left waiting — a sign that companies, particularly tech companies, see a steady flow of engineers, tech or medical specialists as necessary to locate highly educated workers.
Rather than use his office to promote job training and to support university programs for such skill development, the Trump program aims to punish the very companies he is asking to reshore their manufacturing and development abroad. Rather than work to make more immigration paths legal, as he says he also demands, Trump is restricting the most obvious avenue for legal immigration.
Not only hypocrisy, but contradiction of his own policy goals.
And, of course, this will not apply to H2-B visas, which require employers to prove they cannot find qualified U.S. workers for temporary or seasonal workers often in agriculture — including workers that The Trump Organization has hired to work at Trump resorts at Mar-a-Lago and Bedminster, N.J. or at his vineyard in Virginia.
It was this same H1-B visa that allowed Melania Trump somehow to be declared a specially trained worker in 1996 to work as a model, though the Associated Press reported long ago that she had worked at least 10 modeling jobs first on her Slovakian tourist visa. Obviously, there are skilled American models.
That’s hypocrisy of the personal variety.
The Visa Debate
At the White House order signing, Trump explained, “We need great workers, and this pretty much ensures that that’s what’s going to happen.” Howard Lutnik, Commerce Secretary, insisted that the measure would incentivize companies to employ American workers while still providing a pathway to hire highly skilled foreign workers in specialized fields.
In a separate order, Trump also directed the creation of his promised “gold card” immigration visa that would speedily grant legal status upon payment of a $1 million fee, or a speeded permanent status on payment of $2 million.
You know, just like the Emma Goldman quote on the Status of Liberty says: “Give me your tired, your poor, your huddled masses yearning to breathe free . . . ” so long as they have a valid million-dollar check. Where’s the Trump who stands for those “left behind” by the economy?
It is doubtful these required fees came up as table talk last week as Big Tech titans were gathered at the White House for a required, public, Trump-fawning dinner at which the business leaders took turns praising Trump to promote their business free of regulation.
Indeed, these executive orders significantly impact industries that depend heavily on H-1B workers and place sharp new limits on the types of foreigners allowed into the country.
The visa is meant to allow companies to attract foreign workers in occupations requiring specialized knowledge for an initial three years with potential extensions to a maximum of six years.
The Trump policies to attract new manufacturing investment particularly from overseas at the risk of high tariffs and the demands on U.S. companies to bring jobs home from foreign plants are clashing with the overly emotional issues of creating a rational, predictable immigration system affecting available labor.
Arguing All Sides
At the same time, Trump is playing fast and loose with economic statistics, which he insists show only good news about his economic programs. He fired the head of the Bureau of Labor Statistics after a poor set of job numbers last month, and on Friday, the BLS without explanation postponed the release of an annual report used to gauge inflation growth.
So, even when these visa programs eventually kick in despite legal challenges, we may never get accurate figures for how it all is working out. Economists argue that the H1-B visas are needed for U.S. companies to maintain competitiveness.
Commerce Secretary Lutnick said the administration did talk with companies, and that details like whether the order would require annual payments or a fee of $300,000 upfront for each worker were still being worked out.
Over years, Trump has fluctuated on restricting H-1B visas. During the 2024 campaign, he signaled openness to giving some foreign-born workers legal status if they graduated from a US university. Last December, he defended the current program after it was promoted by entrepreneurs Elon Musk and Vivek Ramaswamy.
But, Trump also has opposed H-1B visas to encourage companies to prioritize American labor over hiring foreign workers. During his 2016 campaign, Trump accused US companies of using H-1B visas “for the explicit purpose of substituting for American workers at lower pay.” In 2020, Trump restricted access to H-1B visas on several occasions, part of his administration’s effort to curb legal immigration while responding to the changing economic conditions brought on by the Covid-19 pandemic.
The so-called gold card program that Trump also indicates that foreigners are okay by him so long as they are rich. Lutnick has criticized the existing green card process for immigrants seeking to live and work permanently in this country as resulting in the U.S taking in the “bottom quartile” of workers from abroad. “We’re going to only take extraordinary people at the very top,” Lutnick said.
Contrast the official statements with rounding up 400 South Korean workers brought in to teach American workers at a South Carolina Hyundai plant — endangering Trump’s own effort to bring in foreign manufacturing investors to build plants here without arranging visas for those who know how to use the machinery.
Perhaps we can have an executive order barring delusion.
TAKE ACTION
Basic steps you can take to voice your opinion on Trumps H1-B Visa fees.
1. Contact Elected Officials
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Reach out to your Senators and House Representative: Express opposition to the fee and emphasize the harm it causes to U.S. companies, universities, and competitiveness. You can find your representatives at congress.gov/members/find-your-member.
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Committee Oversight: Contact the House and Senate Judiciary Committees (immigration oversight) and Appropriations Committees (control funding for USCIS).
2. Public Comments
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Federal rules often require a public comment period when agencies like USCIS implement changes. Check regulations.gov for opportunities to submit formal comments opposing the policy.
3. Support Advocacy Organizations
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Groups like the American Immigration Lawyers Association (AILA), FWD.us, or the National Immigration Forum often organize petitions, letter campaigns, and legal challenges. Joining their efforts amplifies your voice.
4. Petitions and Public Campaigns
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Sign or start petitions on platforms like Change.org or MoveOn.
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Write letters to local newspapers or op-eds to raise public awareness of how the fees hurt American competitiveness.
5. Direct Action & Community Engagement
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Attend rallies, town halls, or peaceful demonstrations organized by immigrant rights groups.
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Engage your professional networks—especially in tech, medicine, or academia—to advocate for alternatives like expanded training programs and legal immigration pathways instead of punitive fees.
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