Published: October 10, 2025
Approximately 85,000 H-1B visas are available every year. These include the 65,000 visas for the regular cap and an additional 20,000 for those with advanced US degrees. However, a recent change can significantly impact employers and foreign workers who rely on the H1-B program.
Previously, the H-1B fees ranged from $2,000 to $5,000, depending on the size of the employer applying for the visa. The newly signed Proclamation requires a $100,000 payment for H-1 B applications, aiming to curb abuse of the program and provide protection for American workers.
Whether you’re an H-1 B employer or applicant, let’s explore what the newly imposed payment entails and its implications for your immigration petition and goals.
Overview of the $100,000 H-1B Fee and Other Key Changes
Under Sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. Sections 1182(f) and 1185(a), the President has the authority to impose restrictions or suspend the entry of foreign nationals if it’s detrimental to the security and interests of the US.
For instance, the entry of H-1B nonimmigrant workers presents challenges for American workers. Instead of using the H-1B program to fill specialized roles that are unavailable in the US, many employers use it to hire skilled foreign workers at comparatively lower wages. This reduced the wages and job opportunities of American workers in the labor market.
Since the abuse of the H-1B program is also considered a national security concern, the President found it necessary to increase the fees for companies sponsoring H-1B visas. Doing so enables them to hire skilled foreign workers while safeguarding the country’s economic and national security interests.
Based on a recent presidential proclamation issued on September 19, 2025, companies submitting petitions for H-1B visas are required to pay a $100,000 fee. Unless the visa petitions are supplemented by this payment, the entry of H-1B nonimmigrant workers is subject to restrictions.
To ensure compliance, H-1B employers must secure and keep documentation that they paid the supplemental fee before filing an H-1B petition. However, the specific procedure for documenting the $100,000 payment remains unclear. There’s no official guidance on whether the documentation is included in the standard receipt notice or provided separately.
Potential Impact of the Newly Imposed $100,000 H-1B Fee
A memorandum from the United States Citizenship and Immigration Services (USCIS) emphasizes that the new payment applies to the H-1B 2026 lottery and other H-1B petitions filed on or after 12:01 a.m. Eastern Daylight Time on September 21, 2025.
Because the $100,000 H-1B payment is also a one-time fee for new petitions, it doesn’t change any cost associated with H-1B renewals. Likewise, the proclamation doesn’t affect the ability of existing H-1B visa holders to travel to and from the US.
Suppose you have valid H-1B approvals and visas issued before the effective date of the memorandum. You may retain the ability to continue your travel and employment without being subject to further payments or restrictions.
Speak to ALG Lawyers to Process Your H-1B Visa Application
Even before the steep fee, the H-1B visa program already has strict requirements to qualify. The newly imposed $100,000 payment can make the process more challenging to manage. Consider speaking to a Los Angeles immigration lawyer to avoid unnecessary delays or potential denials in your H-1B application.
Our team at ALG Lawyers provides personalized legal support to help H-1B applicants ensure eligibility and maximize chances of approval. Contact our firm today to start a one-on-one consultation and discuss the details of your immigration concerns.
FAQs on What the Newly Imposed $100,000 Fee Means for Your H-1B Visa Application
Is the new $100,000 fee applicable to H-1B extensions, amendments, or employer transfers?
It’s not yet confirmed whether the new $100,000 fee applies to the filings of H-1B extensions, amendments, or employer transfers. However, current guidance specifies that the new H-1B petitions are subject to the additional payment.
Does the newly imposed H-1B $100,000 fee allow for any exceptions?
A national interest exception (NIE) can be available for individuals whose employment meets the criteria for the country’s interest. But the exception is based on the discretion of the Secretary of State and requires administrative approval.
What are the potential changes to expect in further reforming the H-1B program?
As contemplated in the Proclamation, employers and applicants can expect the following changes in further reforming the H-1B program:
- The Department of Labor intends to revise and increase the prevailing wage levels for H-1B workers. This is to ensure that the program is only used to recruit the most qualified temporary foreign workers.
- The Department of Homeland Security plans to change the H-1B visa lottery system to a weighted lottery that prioritizes applicants with higher wages who demonstrate higher skill levels.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)