WASHINGTON (AP) — Former President Donald Trump, now back in office, signed a controversial executive order Thursday imposing a $100,000 application fee on H-1B visas, dramatically tightening access to the high-skilled immigration program and renewing debate over the scope of presidential power.
The order directs the Department of Homeland Security to immediately enforce the fee, citing the need to “protect American workers from foreign labor competition.” It also caps the number of annual H-1B visas at 50,000 — a sharp cut from the current 85,000 — and includes provisions to increase audits of companies employing foreign workers.
Critics called the move punitive and economically harmful, especially for the tech sector, which relies heavily on H-1B visa holders for specialized roles. Business groups and immigration advocates vowed legal challenges, calling the executive order an abuse of presidential authority.
“This isn’t immigration reform — it’s executive overreach with a price tag,” said Meena Krishnan, director of the National Immigration Law Council. “Trump is bypassing Congress to rewrite immigration policy by decree.”
A Sharp Turn in Immigration Policy
The H-1B program, created in 1990, allows U.S. companies to hire foreign workers in fields such as engineering, information technology and healthcare. Demand for the visas regularly exceeds supply, triggering annual lotteries.
Trump’s new executive order marks the most significant unilateral change to the program in decades. While presidents have used executive authority to tweak immigration policy before — such as Barack Obama’s Deferred Action for Childhood Arrivals (DACA) — Trump’s order stands out for its economic impact and scale.
The $100,000 fee, more than 25 times the current filing cost, would apply per employee application. Analysts warn it could cripple small and mid-sized businesses, limit innovation, and push companies to outsource more jobs overseas.
Supporters argue the change is overdue. “We’ve been giving away our tech industry,” said Rep. Dan Mooney, R-Fla., a Trump ally. “American workers are being priced out of their own job market.”
Executive Orders: A Growing Power Tool
The new immigration order is the latest example of Trump using executive authority to sidestep Congress. It also underscores a broader trend: presidents increasingly turning to executive orders to enact major policy shifts when legislative efforts stall.
Executive orders, unlike laws, do not require approval from the House or Senate. While not unlimited, they carry the force of law and can be enforced immediately — unless blocked by the courts.
Since taking office in January, Trump has signed more than 40 executive orders — many focused on border enforcement, trade, and energy. In his first term, he issued 220, including high-profile actions on travel bans, environmental deregulation, and military spending.
Legal experts say the second Trump administration is leaning even more heavily on the executive pen. “Trump is testing the outer edges of presidential power,” said Leah Rodriguez, a professor of constitutional law at the University of Chicago. “And he’s not alone. The modern presidency is built on executive action.”
A History of Presidential Directives
Presidents have used executive orders since the founding of the nation. George Washington issued the first in 1789. Abraham Lincoln used one to deliver the Emancipation Proclamation. Franklin D. Roosevelt issued over 3,700, including actions to create New Deal agencies and relocate Japanese Americans during World War II.
The power of executive orders has long been controversial. President Harry Truman’s 1952 order to seize steel mills during the Korean War was struck down by the Supreme Court, which ruled he had overstepped his authority.
More recent presidents have pushed the limits. Obama’s DACA program faced years of legal challenges. Trump’s own travel ban, issued in 2017, was blocked and then upheld by the Supreme Court after several revisions.
The Biden administration, during his single term, also faced judicial pushback. His attempt to cancel student loan debt by executive order was struck down in 2023, with the court ruling it required congressional approval.
Legal and Political Repercussions
Trump’s H-1B order is likely to face similar scrutiny. Multiple legal groups have already prepared lawsuits, arguing the fee is excessive, discriminatory, and violates both administrative law and constitutional protections for due process.
“We’re not just talking about a policy change,” said Aarti Mehta, an immigration attorney in San Jose. “We’re talking about using executive power to punish immigrants and reshape the economy.”
White House officials defended the order as legal and necessary. In a statement, press secretary Katie Randle said, “This is about putting American workers first. We will not apologize for defending American jobs.”
The administration is also expected to release further immigration-related orders, including restrictions on asylum processing and increased deportations. These efforts reflect Trump’s broader campaign pledge to “shut the door” on what he calls a “broken system.”
Partisan Divide on Executive Power
Republicans largely support the president’s aggressive use of executive authority — at least when their party controls the White House. Democrats, who criticized Trump’s executive actions in his first term, are now warning that unchecked power threatens democratic norms.
“What we’re seeing is not governance — it’s rule by fiat,” said Sen. Maria Cortez, D-Calif. “The Constitution gives Congress the power to set immigration policy. This order stomps all over that.”
Some moderate Republicans have also expressed concern about the long-term consequences. “This may feel like a win today,” said Sen. Ben Sutter, R-Maine. “But we should all be uncomfortable with a government that functions through executive mandate instead of debate.”
Reform Proposals Fall Flat
Efforts to rein in executive authority have stalled repeatedly. The REINS Act, which would require Congress to approve major executive actions, has failed to clear the Senate. Other proposals to codify limits on emergency declarations and regulatory actions have met similar fates.
Instead, each administration builds on the one before it. “There’s a ratcheting effect,” said legal analyst Sam Becker. “No president wants to give up the power their predecessor claimed — they just use it for their own agenda.”
The Road Ahead
Trump’s new executive order is expected to take effect within 60 days. Legal injunctions could delay its implementation, but immigration attorneys say the chilling effect has already begun. Applications are being pulled. Companies are pausing hiring.
If the order holds, it could reshape the high-skilled labor market and redefine the federal government’s role in immigration policy — all without a single vote in Congress.
As the battle shifts to the courts and the campaign trail, the broader question lingers: In a deeply divided government, is the presidency becoming too powerful to check?
One thing is clear — the executive order, once a bureaucratic formality, is now a weapon of governance. And Trump is wielding it with full force.
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Ten years of experience reporting. From car chases and courtroom verdicts to House fires, Holsford thrives during breaking news and finds it a privilege to help drive the conversation in Rockland County and the Greater New York Area. Born in San Bernardino, Thomas is a New York boy at heart. He received his bachelor’s degree in broadcast journalism, specializing in political science and sociology, from the University of Illinois
