*This article was last updated on October 23, 2025*

President Trump signed a presidential proclamation on September 19, 2025, imposing a significant $100,000 fee on certain H-1B visa petitions, which took effect on September 21, 2025. This dramatic policy change represents one of the most substantial modifications to the H-1B program in recent years, creating long-term implications for employers and foreign workers navigating the U.S. immigration system.​

H-1B Background and Rationale

The proclamation, officially titled “Restriction on Entry of Certain Nonimmigrant Workers,” aims to address what the administration characterizes as widespread misuse of the H-1B program. The stated goal is to prevent the large-scale replacement of American workers with lower-paid foreign workers, particularly in the information technology sector, where the administration argues H-1B visas have been systematically abused to keep wages low, and displace qualified U.S. workers.​

Who Must Pay the $100,000 Fee

Following initial confusion, USCIS issued clarifying guidance on October 20, 2025, specifying exactly who is subject to this fee. The $100,000 payment applies to H-1B petitions filed on or after September 21, 2025, at 12:01 a.m. EDT, under the following circumstances:​

• New petitions for workers outside the U.S.: When the beneficiary is outside the United States and does not possess a valid H-1B visa​ and does not have an approved H-1B petition.
• Consular processing requests: Any petition requesting consular notification, port of entry notification, or pre-flight inspection, even for individuals currently in the U.S.​ This means that if someone is in the U.S., but ultimately cannot be approved for a change of status in the U.S., and it’s determined they have to leave in order for the H-1B to be approved, the fee would apply before that person would be allowed to enter the U.S. with an H-1B visa.

Important Exemptions

Several categories of H-1B cases are explicitly exempt from the $100,000 fee, providing relief for many current visa holders and specific situations:

• Existing visa holders: All individuals with valid H-1B visas issued before September 21, 2025, can continue traveling without triggering the fee requirement​
• Previously filed petitions: Any petition submitted before the September 21 deadline is exempt, regardless of when a decision is made
• Change of status within the U.S.: F-1 students and others changing to H-1B status while remaining in the United States are not subject to the fee​ as long as they are eligible to remain in the U.S. to do a change of status to an H-1B.
• Successful extensions and amendments: H-1B workers whose petitions for extensions, amendments, or changes of status are approved while in the U.S. remain exempt, even if they later travel abroad​ to obtain an H-1B visa to reenter the U.S.​

Payment Process and Implementation

Employers must complete the $100,000 payment through pay.gov before filing the H-1B petition with USCIS. Proof of scheduled payment or evidence of a granted exception from the Secretary of Homeland Security must be submitted at the time of filing. Petitions subject to the fee that are filed without proof of the payment will be denied.​ However, the fee will be refunded if the petition is NOT approved, but the standard filing fees will not be.

National Interest Exceptions

The Secretary of Homeland Security may grant exceptions in “extraordinarily rare circumstances” where the foreign national’s presence as an H-1B worker serves the national interest. To qualify for an exception, employers must demonstrate that no American worker is available for the role, the foreign worker poses no security threat, and requiring the payment would significantly undermine U.S. interests.​

Only employers may request these exceptions; individual beneficiaries cannot apply directly. Petitioning employers who believe their potential H-1B employee would fall under this exception need to send their request and all supporting evidence to H1BExceptions@hq.dhs.gov.

Legal Challenges

The proclamation is set to remain in effect for 12 months, until September 21, 2026, unless extended. However, the policy faces significant legal challenges, with the U.S. Chamber of Commerce and a coalition of healthcare groups and labor unions filing lawsuits challenging the fee’s legality.​

Major business organizations argue the fee is unlawful and will harm the U.S. economy’s competitiveness, particularly in critical STEM fields where highly skilled foreign workers contribute to innovation and economic growth.​

H-1B Impact on Employers and Workers

This policy change creates substantial financial and operational challenges for employers who rely on H-1B workers. The $100,000 fee represents a dramatic increase from previous H-1B filing costs, which typically totaled several thousand dollars including government fees and attorney costs.​

For many smaller employers, this fee may make H-1B hiring financially prohibitive, potentially limiting access to global talent pools. Larger corporations may absorb these costs but will likely become more selective in their H-1B hiring practices.​

Current H-1B workers and their employers should carefully review their specific circumstances, and travel plans in consultation with a qualified immigration attorney to understand how these changes may affect their situation. The complexity of the new rules and their interaction with existing immigration processes requires careful analysis of each individual case.​

The immigration landscape continues to evolve, and staying informed about policy changes and their practical implications remains essential for successfully navigating the H-1B process during this period of significant regulatory change.

Schedule a consultation with our team if you have further questions.

Sources

• USCIS
• The White House
• American Immigration Council
• American Immigration Lawyers Association
• American Immigration Lawyers Association