Understanding the New Trump H-1B Visa Policy: What It Means Globally and in the Middle East

At Borderless Counsel, we make sense of complex immigration changes—so you don’t have to.

On September 19, 2025, President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”. This executive action introduced major changes to the H-1B visa program, including a substantial new fee for many applicants.

For employers, professionals, and students—especially those in the Middle East—these changes could significantly affect career and hiring plans. Here’s what you need to know.

Key Changes to the H-1B Visa

  • New $100,000 Fee
    Starting September 21, 2025, a one-time $100,000 payment is required for new H-1B petitions for workers outside the U.S.

  • Who Is Affected
    The fee applies to foreign professionals outside the U.S. seeking new H-1B status. It does not apply to extensions, changes of status, or H-1B holders already in the U.S.

  • Duration
    The proclamation lasts 12 months (Sept 21, 2025 – Sept 20, 2026), but it may be extended.

  • Exceptions / Waivers
    Cases deemed in the “national interest” may be exempt. This could apply to specific workers, certain employers, or entire industries.

  • Higher Wages & Prioritization
    The policy also directs agencies to raise prevailing wage levels and prioritize higher-paid, higher-skilled applicants.

Why This Policy Was Introduced

According to the White House, the goals are:

  • To curb abuse of the H-1B program where lower-wage foreign workers may replace U.S. workers.

  • To protect wages of U.S. employees by ensuring employers cannot undercut pay by hiring abroad.

  • To focus on top talent by prioritizing high-skill, high-salary positions.

Global Implications

  • Cost Barriers for Employers
    Companies hiring H-1B workers from abroad face much higher costs. Smaller businesses and startups may struggle with this.

  • Reduced New Entries
    Employers may prefer hiring talent already in the U.S. to avoid the new fee.

  • Greater Uncertainty
    With implementation details still evolving, employers and workers should expect further guidance, and possibly legal challenges.

  • National Interest Exception in Focus
    Many employers may pursue this exemption, but criteria and consistency remain unclear.

What It Means for Bahrain and the Middle East

For professionals and companies in Bahrain and the wider Gulf region, the policy carries specific consequences:

  1. Fewer Opportunities to Enter the U.S.
    The $100,000 fee makes it harder for companies to justify sponsoring candidates abroad, which may limit opportunities for Bahraini and regional professionals.

  2. Students and Graduates
    Those studying in the U.S. may try to stay and change status from within, avoiding consular processing abroad (where the fee applies). Travel and visa renewal plans should be carefully managed.

  3. Regional Alternatives May Gain Appeal
    Gulf countries—offering competitive salaries, tax advantages, and easier residency programs—could become more attractive for talent that might have otherwise pursued U.S. careers.

  4. Employer Strategy Shifts
    Local and international companies in the region may reconsider sending staff to the U.S. under H-1B, instead focusing on in-region growth or remote collaborations.

  5. Uncertainty for Job Seekers
    With exemptions and rules still being defined, planning long-term moves to the U.S. carries higher risk and cost.

Practical Takeaways for Employers and Professionals

  • Confirm Sponsorship Terms: Clarify early whether an employer will cover the $100,000 fee or pursue a national interest waiver.

  • Plan Status Changes Carefully: For those already in the U.S., staying and filing from within may help avoid the fee.

  • Consider Alternatives: Explore regional career paths, remote work opportunities, or different visa categories (such as O-1 for individuals with extraordinary ability).

  • Stay Updated: Monitor USCIS, Department of State, and U.S. embassy updates for evolving guidance.

  • Weigh Return on Investment: Assess whether the benefits of moving to the U.S. still outweigh the financial and logistical challenges.

The Trump administration’s new H-1B policy marks one of the most significant changes to the program in years. With a $100,000 fee for many new applications outside the U.S., employers will face tougher choices, and international professionals—including those from Bahrain and the Middle East—will encounter new barriers.

While the policy is temporary for now, its ripple effects could reshape global hiring trends, regional opportunities, and how professionals plan their careers.

For those considering H-1B sponsorship, careful planning, early clarification with employers, and exploring alternative pathways will be more important than ever.

This article is prepared by Borderless Counsel, your trusted partner in corporate, trademark, and immigration law. We provide clear, fact-based guidance to help businesses and professionals navigate complex international rules with confidence.

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