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New $100,000 Fee on H-1B Petitions – Legal Immigration

Client Alert
September 23, 2025

On September 19, 2025, President Trump issued a Proclamation (not an Executive Order) imposing a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern time on September 21, 2025, which will remain in place for 12 months (unless extended).

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) issued guidance on September 20, 2025, clarifying that the fee applies prospectively to H-1B visa petitions filed after the effective date, with no retroactive effect on previously approved cases.

Which Employers are Affected by the $100,000 payment?

  • New H-1B petitions for overseas beneficiaries: Affected. Employers filing for workers abroad must include a non-refundable $100,000 payment per petition. USCIS will deny petitions filed without it, and the Department of State (DOS) will not issue visas absent proof of payment.
  • New H-1B petitions for beneficiaries within the U.S., i.e. “change of status” petitions including OPT/F-1 to H-1B petitions: Depends. It is not clear whether F-1 or J-1 visa students moving within the U.S. to H-1B visa status are subject to the new fee so long as they remain within the U.S. because the Proclamation only talks about “restriction on entry”. 
  • OPT to H-1B consular processing abroad: Affected. If the Beneficiary leaves the U.S. and needs the H-1B visa stamp abroad for any new H-1B petition, then the fee is applicable.
  • All other visa processing: Dept. of State (DOS) visa issuance and Customs and Border Patrol (CBP) entry for new H-1B beneficiaries are conditioned on proof of fee payment.

Who Is Not Affected by the $100,000 payment?

  • Current H-1B visa holders with the same employer: Not Affected. Existing valid visas and approved petitions remain unaffected.
  • H-1B future extensions and renewals with the same employer: Not Affected. Even if you need to go abroad and obtain the H-1B visa stamp for your extension, beneficiaries are unaffected.
  • H-1B portability/change of employer: Not Clear Guidance. The Proclamation does not talk about change of employer petitions and USCIS guidance only states “New H-1B Petition”. Thus, H-1B Change of Employer petitions can arguably be excluded from the payment. As of September 24, 2025, there is no further policy guidance on this issue.
  • Other visa categories: F-1/OPT, B-1/B-2, and other non-H-1B categories remain unchanged, though USCIS cautions it will monitor misuse of B-1/B-2 visas by the H-1B beneficiaries attempting to enter and begin work prematurely.

Exemptions from the payment of $100,000

  • DHS may grant discretionary waivers in the “national interest” if the petition does not pose a security or welfare threat. While “national interest” waivers offer a potential path forward, the default expectation is payment, and employers should plan accordingly.
  • Potential beneficiaries include employers in STEM, technology, and nonprofit healthcare organizations (e.g., physicians and medical residents at qualifying institutions).
  • Waivers may be available on an individual, company-wide, or industry basis, though no automatic carve-outs exist. Employers must submit evidence aligning with national interest goals.

Business Impact

This Proclamation marks a fundamental shift in H-1B visa workforce strategy. For most employers, the $100,000 fee per visa creates significant costs or hiring delays. Startups, small businesses, and industries reliant on immigrant talent may be disproportionately affected. 

  • Review current and planned H-1B filings: Pay close attention to new hires abroad, OPT-to-H-1B transitions, and employee job changes.
  • Evaluate exemption eligibility: Contact our immigration department to help you evaluate a plan to navigate the $100,000 payment or develop a strategy.
  • Consider alternatives: Explore other work visa strategies, such as L-1 visa (intracompany transferees), O-1 (extraordinary ability), E-1 or E-2 visas, TN visa (only for Canada or Mexico), or permanent residency categories like EB-1/EB-2 with national interest waivers.

For guidance on how these updates may impact your business or immigration status, please contact BMD Members Duriya Dhinojwala at dd@bmdllc.com or  Robert Ratliff at raratliff@bmdllc.com. 

ImmigrationH1B Visa
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