Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

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
Client Alert

Tariffs, Market Downturn, and Employment Considerations for Employers

April 7, 2025As tariffs continue to impact various industries, employers must prepare for the ripple effects these economic pressures can have on workforce management. The economic impact can dramatically impact companies’ bottom lines, and companies look to improve finances and save for the future and many will choose to reduce employee count/wages.Client Alert

Corporate Transparency Act Overhauled: U.S. Entities No Longer Required to Report

March 24, 2025The Department of Treasury has issued an interim final rule significantly altering the Corporate Transparency Act (CTA). As of March 21, 2025, all U.S.-created entities and their beneficial owners are exempt from reporting requirements. Only non-U.S. entities registered to do business in the U.S. must still report, but they are not required to disclose U.S. citizen owners. Business owners should stay informed on these changes and consult legal counsel for compliance guidance.Client Alert

ODM to Implement Medicaid Work Requirements: What Providers and Medicaid Expansion Recipients Need to Know

March 21, 2025The Ohio Department of Medicaid (ODM) has submitted a waiver to impose work requirements for Medicaid expansion recipients. If approved, the new eligibility criteria will take effect on January 1, 2026. A federal public comment period is open until April 7, 2025.Client Alert

Ohio Appellate Court Rules in Favor of Gender-Affirming Care

March 19, 2025On March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that Ohio’s House Bill (HB) 68, which restricts puberty blockers and hormone therapy for minors seeking gender-affirming care, violates the Health Care Freedom Amendment and is therefore unenforceable. The court found that the law unlawfully interferes with parental rights and medical decision-making. The case, Moe v. Yost, has been remanded, and Ohio Attorney General Dave Yost intends to appeal.Client Alert

HHS Revokes Public Comment Requirement on Certain Policy Changes

March 5, 2025The U.S. Department of Health and Human Services (HHS) has revoked the Richardson Waiver, eliminating the requirement for public notice and comment on certain policy changes. This decision allows HHS to implement new policies more quickly, potentially affecting healthcare funding rules like Medicaid work requirements. While it speeds up policymaking, it also reduces opportunities for stakeholder input, raising concerns over transparency and unintended consequences for healthcare providers, states, and patients.
Older posts
Newer posts