Imagine you’re planning your future in the United States — whether you’re already working under an H-1B visa or eagerly waiting for approval to join the US workforce. Suddenly, a presidential proclamation signed on September 21, 2025, shakes things up by introducing a staggering $100,000 fee on certain H-1B visa petitions. This unexpected announcement has left many current visa holders, prospective applicants, employers, and immigration experts scrambling to understand what it really means.
So, who exactly needs to pay this hefty new fee? Does it affect those already holding an H-1B visa? What about people changing their status from another visa category to H-1B? And how might this reshape the future of hiring foreign talent in the US?
Let’s break it down.
Who Is Exempted from Paying the $100,000 Fee?
The White House clarified that this fee is not an annual charge and does not apply to existing holders of valid H-1B visas re-entering the United States. Additionally, several petition types are exempt, including:
- Current valid H-1B visa holders applying for extensions or amendments to petitions filed before September 21, 2025.
- H-1B transfers to a new employer if the original petition was approved prior to the proclamation.
- Petitions filed by nonprofit research organizations, institutions of higher education, and their affiliated nonprofit entities.
- Requests for concurrent employment where the employee already holds a valid H-1B status.
- H-1B visa holders re-entering the US with a valid visa stamp.
In other words, if you are already on H-1B status and are extending, changing employers with an approved petition filed before the proclamation, or traveling internationally and returning with a valid visa, you are likely exempt from this fee.
Who Is Not Exempted from Paying the $100,000 Fee?
This new fee applies primarily to new H-1B petitions filed on or after September 21, 2025, including:
- Initial H-1B petitions that are going to be filed for the upcoming fiscal year.
- Change of status petitions, for example, someone currently on H-4 or another visa category seeking to change status to H-1B after this date.
- Cap-exempt petitions filed after September 21, unless they fall into the nonprofit exemption.
- Individuals who once held H-1B status but allowed it to lapse and now seek a new H-1B petition.
This means many prospective H-1B applicants and those changing visa status to H-1B will be required to pay this unprecedented fee, significantly raising the cost of applying.
What Does This Mean for the Upcoming H-1B Lottery?
The upcoming H-1B lottery, which begins after September 21, 2025, will be the first lottery cycle to carry this new fee requirement. Employers submitting petitions for this lottery will need to budget for the additional $100,000 cost, potentially changing how companies approach hiring foreign workers.
Legal Experts Express Concern Over Vague Language
Immigration lawyers warn that the proclamation’s language is vague and open to multiple interpretations. “It could be interpreted in different ways,” many say, and lawsuits challenging the implementation and scope of the fee are already being prepared. This uncertainty means the policy’s real-world impact could evolve as courts weigh in.
Industry Impact and Future Outlook
Industry experts predict this sharp increase in cost may push US-based companies to rethink their hiring strategies. Many expect a shift toward remote hiring of international talent rather than on-site roles, reducing the number of foreign workers physically employed in the US at any given time.
Moreover, some employers may increase domestic hiring or offer higher wages to offset the cost of this new fee for foreign hires.
Conclusion
While current H-1B holders generally won’t pay the new $100,000 fee, new applicants and those filing change of status petitions after September 21, 2025, should prepare for a dramatically higher cost. The evolving legal landscape and potential court challenges mean this policy could face changes in the near future.
For anyone navigating H-1B status now or planning to apply, staying informed and consulting experienced immigration counsel is essential.
