Effective September 21, 2025, a major change has been introduced to the U.S. H-1B visa program: a one-time $100,000 H-1B visa fee will now apply to new H-1B visa petitions. This update is part of a broader U.S. immigration policy shift affecting employment-based visas, and it carries significant implications for U.S. employers, foreign workers, and immigration attorneys alike.
This article outlines what the new H-1B rule entails, who it applies to, and what questions still remain.
Key Details of the New Rule
What Is the Fee?
A $100,000 one-time H-1B filing fee is now required for new H-1B visa applications. This is in addition to the existing USCIS H-1B fees that already apply during the H-1B visa process (such as H-1B lottery registration, fraud prevention fees, and premium processing fees).
The fee is due at the time of filing and must be paid in full for the H-1B petition to be accepted. It applies per worker and is non-refundable, even if the petition is denied or withdrawn.
Is It Annual?
No. Initial reports suggested it might be an annual charge, but federal immigration officials later clarified: the $100,000 fee is a one-time payment, applicable only to new H-1B applications, not to existing visa holders or renewals.
The U.S. Department of Homeland Security (DHS) confirmed the fee applies only to initial H-1B filings.
Who Does the Fee Apply To?
The fee applies only to new H-1B petitions filed on or after 12:01 a.m. ET on September 21, 2025, particularly those for foreign workers outside the United States.
This includes both cap-subject and cap-exempt H-1B petitions, unless further guidance provides specific exemptions.
Applies To:
- New H-1B petitions submitted on or after the effective date
- Foreign workers seeking initial H-1B status, especially from abroad
- U.S. companies hiring first-time H-1B workers
Does Not Apply To:
- Petitions filed before September 21, 2025
- H-1B extensions, amendments, or renewals
- Individuals already in the U.S. under valid H-1B status
- H-1B transfers that do not involve new status
Background: H-1B Visa Costs Before the Change
Before this policy shift, H-1B sponsorship costs included:
- $215 for H-1B lottery registration
- $460–$3,000+ in USCIS filing fees
- $2,805 for optional premium processing
- Additional fees for H-1B-dependent employers or those with more than 50% of workforce on H-1B/L-1 visas
These H-1B visa fees already made the process costly. With the new $100,000 immigration fee, the total up-front cost of H-1B visa sponsorship will now exceed $106,000 in many cases.
Other H-1B Policy Changes in the Presidential Proclamation
The same presidential proclamation also directs U.S. agencies to:
- Adjust prevailing wage requirements, potentially increasing minimum salary thresholds for H-1B jobs
- Create exemptions for petitions that serve the national interest or where there is no risk to U.S. workers or wages
The prevailing wage adjustment aims to align salary levels more closely with U.S. labor market standards, potentially impacting H-1B salary planning.
The national interest exemption may follow criteria similar to the National Interest Waiver (NIW) process used in green card applications.
The proclamation is currently set to expire on September 21, 2026, unless renewed or amended.
Reactions and Impacts of the New H-1B Visa Fee
While the policy has generated strong opinions, this section focuses on factual impacts and industry-specific concerns.
Impact on Employers
- Startups and small businesses may struggle to afford the new H-1B filing fee
- Some employers may reduce or end H-1B sponsorship programs
- Increased costs may lead to outsourcing or nearshoring jobs abroad
A 2024 NFAP study showed that nearly half of H-1B sponsors are SMBs (small- and medium-sized businesses), many of which may face hiring delays or drop out of the H-1B process altogether.
Impact on Foreign Workers
- Entry-level professionals or STEM graduates with lower salaries may face fewer opportunities
- Skilled foreign talent may choose alternative destinations like Canada, the UK, or Australia
Sector-Specific Concerns
- Healthcare providers warn of impacts on efforts to place foreign-trained doctors in underserved rural areas
- Hospitals and clinics may face longer vacancies for critical roles
According to the AAMC, the U.S. is projected to face a physician shortage of up to 124,000 doctors by 2034, many of whom are currently supplemented by H-1B physicians.
Legal and Procedural Questions
- Experts debate whether a presidential proclamation has authority to implement a fee of this size
- The exemption criteria, appeal process, and fee enforcement mechanisms are not yet finalized
Typically, immigration fees are set via the Administrative Procedure Act (APA) and include a public comment period. The use of executive action here could face litigation or require Congressional review.
Open Questions and Uncertainties
Key aspects of the new H-1B visa fee policy remain unclear:
- How will “national interest exemptions” be defined and reviewed?
- What happens during H-1B visa transfers, change of employer, or consular processing?
- Could the $100,000 H-1B fee be challenged in court or rolled back?
There are also open questions about whether nonprofit organizations, universities, or research institutions—traditionally exempt from some H-1B rules—will qualify for fee waivers or reductions.
Conclusion
The introduction of a $100,000 one-time fee for new H-1B visa petitions marks a significant turning point in U.S. work visa policy. Both employers and foreign workers must now factor in dramatically higher upfront costs when planning employment-based immigration.
Those considering H-1B filings in late 2025 or 2026 should consult with immigration attorneys or corporate HR departments to fully understand the new H-1B visa requirements and timelines.