A $100,000 Application Fee Introduced for H-1B Visas

Index

• Who Will Be Required to Pay the $100,000 H-1B Fee?
• How Will the New Rules Reshape the H-1B Program?
• Rising Reactions to the H-1B Visa Fee
• $100,000 H-1B Fee: What Should Employers and Foreign Workers Do?
• What's Next for the H-1B Program?

On September 19, 2025, President Trump signed a presidential proclamation requiring a $100,000 application fee for H-1B visas. Many experts describe this change as one of the most dramatic shifts in the skilled worker program's 35-year history.

This decision sent shockwaves through the U.S. immigration system, affecting employers and foreign workers alike.

Who Will Be Required to Pay the $100,000 H-1B Fee?

• This applies only to new petitions. According to U.S. Citizenship and Immigration Services (USCIS), all new H-1B petitions filed on or after September 21, 2025, must include the new $100,000 fee. The proclamation is initially valid for 12 months.
• Current H-1B visa holders are exempt. Approved visas, extensions, and employer transfer petitions are not subject to this additional fee.
• The status of cap-exempt petitions remains uncertain. It is unclear whether universities, nonprofit research institutions, and other cap-exempt sponsors will be excluded. Immigration attorneys emphasize the legal confusion surrounding this issue.
• Change of status: Students in the U.S. who transition from F-1 to OPT and then to H-1B may be classified as filing a "new petition." Several experts warn that these applicants could also be affected.
• In practice, some guidance suggests that individuals with approved H-1B petitions who have not yet obtained their visa may also face the fee requirement if applying for a visitor visa (B-1/B-2).

Note: The Proclamation permits potential exceptions for the national interest of the United States, which could apply to individuals, specific companies, or entire industries. However, no clear guidance has been issued yet on how such waivers will be implemented.

You will need to provide proof of payment at the consulate or U.S. port of entry. Without it, your visa may be denied and you may be denied entry to the United States.

How Will the New Rules Reshape the H-1B Program?

Prevailing Wage Increases

The Department of Labor (DOL) is expected to revise the prevailing wage levels for H-1B positions. This change could require employers to offer significantly higher salaries to remain compliant, raising overall labor costs for companies hiring foreign workers.

Weighted Lottery System

USCIS has proposed moving away from a purely random lottery to a wage-based weighted selection process. Under this system, petitions offering higher wages will carry greater weight, giving those applicants a stronger chance of being selected.

Project Firewall: New Enforcement Initiative

The DOL has launched Project Firewall, a program designed to increase oversight of H-1B employers. Key measures include:

• Employers who violate H-1B rules will face substantial monetary penalties.

• Companies may be required to reimburse unpaid wages or correct salary discrepancies.

• If a company repeatedly breaks the rules, it may be completely banned from sponsoring H-1B workers.

Rising Reactions to the H-1B Visa Fee

The new $100,000 application fee for the H-1B visa has fueled a widespread debate across the United States.

• Business and technology leaders are warning of potential harm to U.S. innovation. Many argue that the fee will hurt America's ability to attract the world's best talent. Entrepreneurs like Elon Musk have emphasized that they came to the U.S. through the H-1B program.

• Immigration attorneys and legal organizations are preparing lawsuits. Bar associations argue that the proclamation may exceed presidential authority and could be overturned in court.

• Small and mid-sized employers may scale back. The added financial burden could force smaller companies to reduce or abandon H-1B hiring altogether.

• Public pressure could limit the rule's effects. In the coming weeks, facing backlash, the administration may narrow the rule’s application or courts could ultimately block it.

$100,000 H-1B Fee: What Should Employers and Foreign Workers Do?

• Account for rising costs. With the new $100,000 fee already in effect, each additional H-1B hire represents a significant expense. This makes financial planning essential for employers.
• Reevaluate salary offers. Higher wages are critical for attracting talent and improving lottery chances under the proposed weighted selection system.
• Prepare complete documentation. Employers must provide thorough and transparent records in H-1B petitions because DOL’s Project Firewall will enforce more strict compliance checks.
• Consider alternative pathways. Options such as the O-1, EB-1, or EB-2 NIW may provide more sustainable, long-term immigration solutions.

Contact our team to ensure your H-1B petition meets the new requirements and to explore the best options for your situation.

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What's Next for the H-1B Program?

The program is becoming more expensive, selective, and tightly regulated than ever before. Although the $100,000 fee applies only to new petitions, its impact will be felt broadly by employers and foreign workers. Moving forward, companies and applicants must take a more strategic, well-planned, and professional approach to the process.

We will update this article and continue to share the latest official developments and regulatory changes related to H-1B visas.