Beginning September 21, 2025, U.S. employers filing new H-1B petitions will be required to pay a hefty fee of $100,000 as part of a sweeping policy shift introduced under President Trump’s latest executive proclamation. This unprecedented fee aims to address what the government describes as longstanding abuses of the H-1B program by prioritizing the admission of genuinely high-skilled foreign workers while safeguarding American jobs and wages.
What Will You Learn from the Article?
What is the new $100,000 H-1B fee and who must pay it?
Starting September 21, 2025, U.S. employers filing new H-1B petitions—including those for the 2026 lottery—must pay a $100,000 fee, aimed at prioritizing high-skilled foreign workers and protecting U.S. jobs.
Does the $100,000 fee affect current H-1B visa holders?
No. The fee only applies to new petitions filed after the deadline and does not impact current visa holders, previously approved petitions, or renewals.
Can employers avoid paying the $100,000 H-1B fee?
Yes, but only under narrow circumstances. The Secretary of Homeland Security may waive the fee on a case-by-case basis if the employment is in the U.S. national interest, and employers must provide strong supporting evidence.
Will the new rule change travel rights for H-1B holders?
No. Current H-1B visa holders can continue to travel internationally without being affected by the new fee.
What future changes to the H-1B program are expected?
The policy sets the stage for additional reforms like raising prevailing wage levels and prioritizing higher-paid, highly skilled applicants in the H-1B lottery.
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WHAT SHOULD EMPLOYERS AND WORKERS KNOW ABOUT THE NEW H-1B PROCLAMATION?
The new $100,000 fee applies to any new H-1B visa petition submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 H-1B lottery as well as any other petitions filed after that deadline.
Importantly, this proclamation applies only prospectively to petitions not yet filed. According to the U.S. Citizenship and Immigration Services Memorandum of September 20, 2025, regarding the Proclamation, the fee of $100,000 does not apply to individuals who are beneficiaries of petitions filed prior to the effective date, beneficiaries of currently approved petitions, or those holding validly issued H-1B visas.
The proclamation does not affect current H-1B visa holders’ ability to travel to and from the U.S., providing reassurance to those already employed here. This comes as welcome news, especially after the weekend’s announcement caused widespread confusion, with many companies issuing urgent advisories urging H-1B holders to return immediately to avoid the $100,000 fee.
Lastly, the proclamation sets the stage for additional reforms, including a push to raise prevailing wage levels and prioritize higher-paid, highly skilled applicants in the H-1B lottery. These measures are intended to refocus the program on truly top-tier talent—individuals whose skills are in such high demand that employers are willing to invest significantly, including paying the $100,000 fee.
The Proclamation does NOT:
- Apply to any previously issued H-1B visas or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
- Change any payments or fees required for H-1B renewals; the $100,000 fee is a one-time fee applicable only when submitting a new H-1B petition.
- Prevent any current H-1B visa holder from traveling internationally and returning to the United States.
CAN EMPLOYERS AVOID THE $100,000 H-1B Fee?
The proclamation provides a narrow exception allowing the Secretary of Homeland Security, at their discretion (on a case-by-case basis), to waive the fee for individual workers, specific companies, or even entire industries but only if the employment is determined to be in the national interest of the U.S. Employers considering this route should be prepared to present compelling evidence and should strongly consider working with an immigration attorney to help build the strongest possible case for a discretionary exemption.
HOW KBIW KURPIEJEWSKI & ASSOCIATES, PLLC CAN HELP
The H-1B process has never been easy, and with the new $100,000 fee, it’s become even tougher for employers to secure the talent they need. Whether it’s guiding you through compliance with the new rules, pursuing a possible exemption, or identifying alternative visa options that better fit your needs, KBIW KURPIEJEWSKI & ASSOCIATES, PLLC is equipped to provide clear, strategic advice tailored to your unique situation. Don’t let the complexity hold you back—reach out and let’s talk about how we can make this work for you. To schedule a consultation and learn how we can help you, please call us at (212) 220-3956 or email office@kbiw.com.
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