What changed?

In September 2025 the Trump administration issued a proclamation imposing a one-time $100,000 fee for new H-1B visa petitions. H-1B visas allow U.S. employers to hire foreign workers in specialty occupations and have been a mainstay for technology giants such as Amazon, Apple and Microsoft. The new fee represents a dramatic shift from the existing costs (currently a few thousand dollars) and was billed by the White House as a way to deter misuse of the H-1B program and protect American wages.

According to the proclamation, the fee applies only to new visa applications filed after 12:01 a.m. on September 21, 2025. The White House clarified that the fee does not apply to current H-1B holders or renewals, but confusion has persisted among workers and employers. Immigration attorneys warn that the fee could have a “chilling effect” on skilled foreign workers moving to the U.S. and that guidance on who is exempt remains incomplete.

How the New Fee Works and Who Pays

• One-time fee on new petitions: The fee must accompany new H-1B petitions filed on or after Sept 21, 2025.
• Paid by employers: Employers already pay the existing H-1B filing fees. Immigration attorney Emily Neumann notes that few employers are likely to shoulder an additional $100,000 cost, which aligns with the administration’s goal of discouraging H-1B hiring.
• Not applicable to current holders or renewals: The White House stated that current H-1B holders and renewals are exempt. However, attorneys caution that further guidance is needed. Questions remain about whether the fee applies to travelers reentering the U.S. with pending petitions.
• National interest exemptions: The proclamation allows exemptions for workers and companies deemed “in the national interest”. Attorneys say the criteria and process for these exemptions are unclear.

How Could This Reshape the H-1B Program?

Under current rules, employers—not workers—pay the filing costs for H-1B petitions. Adding a $100,000 charge on top of the existing fees makes sponsorship far more expensive. Immigration attorneys note that very few companies will be willing to take on that cost, which means fewer petitions and fewer opportunities for skilled foreign workers.

Experts warn that the measure could have a chilling effect across industries. While the H-1B program is most visible in the tech sector, hospitals, universities, and research labs also depend on it to fill critical shortages in medicine, engineering, and science. Critics argue that shrinking the pipeline of talent will weaken U.S. competitiveness and drive highly skilled professionals to countries with more welcoming immigration policies.

Supporters of the proclamation counter that the higher costs are necessary to curb abuse of the program and protect American wages. The order goes further than just the fee: it directs agencies to raise prevailing wage levels, prioritize higher-paid, higher-skilled workers, and revise the lottery system. It also mentions a potential “national interest” exemption—but so far, no clear guidance has been issued on who qualifies or how to apply.

The result is a cloud of uncertainty. Companies are left guessing how to plan future hiring, and many foreign professionals now face difficult choices about whether to pursue opportunities in the U.S. or look elsewhere.

Planning Your Future with an H-1B Visa

While policies may shift with elections and court challenges, H-1B holders can take proactive steps to strengthen their immigration status:

1. Apply for permanent residency through employer sponsorship: This typically means your U.S. employer files an employment-based petition, often under the EB-2 (advanced degree) or EB-3 (professional/skilled worker) categories, which require a labor certification and job offer.
2. Self-petition under the EB-2 National Interest Waiver (NIW): Individuals whose work is deemed to significantly benefit the United States may bypass the labor certification process by demonstrating that their contributions are in the national interest.
3. Pursue an EB-1A extraordinary ability petition: Designed for individuals with sustained national or international acclaim in fields such as science, arts or business, EB-1A petitions allow self-sponsorship for a green card without needing a job offer.
4. Change to a dual-intent or immigrant visa: Options include the O-1 visa for individuals with extraordinary ability or L-1 visas for multinational executives or specialized workers. These visas permit dual intent, meaning holders may pursue permanent residency.
5. Explore humanitarian or special programs: Depending on personal circumstances, options such as asylum, U visas for crime victims or T visas for trafficking victims can provide a path to legal status.
6. Monitor legal developments and consult counsel: Court challenges and future guidance could alter the proclamation. Stay updated through official USCIS announcements and seek advice from qualified immigration attorneys.

The Political and Legal Landscape

The $100,000 fee is part of a broader immigration agenda that includes restricting entry for H-1B workers and raising wage requirements. Critics, including former USCIS officials, describe the fee as “ludicrously lawless” and “fan service”. The proclamation may face legal challenges and could be reversed by a different administration or blocked by the courts.

Meanwhile, tech companies and trade groups argue that the fee will drive talent to other countries, reducing innovation and economic growth. Some call for reforming the H-1B system to prioritize skills and wages rather than imposing punitive fees.

Implications for Your Future

The new $100,000 H-1B visa fee marks one of the most significant changes to U.S. employment-based immigration in decades. While the White House says it will curb abuse and protect American workers, the fee has generated confusion and fear among employers and visa holders. Existing H-1B holders should monitor official guidance, avoid unnecessary international travel and consult immigration attorneys. Exploring alternative visa categories or permanent residency may provide a more secure long-term path in an uncertain political environment.

This article is for informational purposes only and does not constitute legal advice. Immigration law is complex, and every case is unique. If you have questions about your specific situation, you should consult an experienced immigration attorney.

For personalized guidance, you can call 202-709-6439 to book a consultation.