Heard about the new rule President Trump proclaimed last week that forces employers to pay a $100,000 fee for certain new H-1B visa applications? For years, many of us have seen the H-1B visa program as a bridge that connects skilled workers from around the world to U.S. companies that need their expertise. Now, that bridge just got a whole lot more expensive, and for smaller businesses, maybe even impossible to cross.
Here’s what we know about this new $100,000 fee for H-1B visa. All of this information is based on official sources and government notices.
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Current visa holders are exempted–for now
If you already have an approved H-1B visa petition, you will not be required to pay this new fee in order to continue working. Renewal and amendment petitions will also be exempt. However, there is some question about whether this applies to visa holders who leave the U.S. and then seek a new visa stamp after September 21, 2025.
Employers are likely to adjust their hiring strategies
In order to avoid the added cost, companies may start to change how they think about hiring. Some roles may be moved overseas, or remote international workers may be used instead. Onsite, there may be a greater investment in training local workers in lieu of hiring H-1B visa talent to travel to the U.S.
It’s a one-time payment, not an annual cost
The proclamation states the $100,000 fee is an upfront cost required when filing a new petition. Employers do not need to pay $100,000 each year for the same employee. Once the visa is approved with the fee, it remains valid for its normal duration, usually three years, with renewals subject to standard, much lower fees, unless future rules change this.
Certain industries could face major disruptions
Sectors like tech, finance, and outsourcing firms rely heavily on H-1B workers to fill specialized roles. A sudden six-figure fee for every new hire could slow recruitment, increase project costs, or even lead companies to relocate work outside the U.S.
Some positions may be exempt for national interest
The rules include a very vague “national interest” exemption that has not been well-defined. The exemption fee can be waived if hiring a specific worker serves the interests of the United States’ welfare or security.
It’s supposed to prioritize high-skill, high-pay roles
The government has described this move as a novel strategy to discourage mass hiring of low-wage H-1B workers and instead focus on highly skilled, high-earning professionals. In practice, this could push companies to reserve H-1B visas for senior positions or critical hires rather than entry-level jobs.
The rule is in effect for 12 months—unless extended
The proclamation states this $100,000 fee requirement will remain in place for one year from the effective date. However, the President could extend it beyond that period if he or future presidents choose. Businesses and immigration lawyers are treating it as a temporary restriction for now, but many fear it could become long-term policy if not challenged or repealed.
The rules have not changed, only the cost
There is no alteration to the core H-1B regulations regarding duration of stay, position prerequisites, or applicant credentials. This means that while the visa program has become vastly more costly to submit a petition, it has not reshaped who qualifies or the professional avenues available through it.
The employer, not the worker, must pay
As with current H-1B requirements, the company sponsoring the employee will be responsible for paying the cost of filing, including the new $100,000 fee. This means that an employee cannot be asked to reimburse or pay this fee directly.
There will be fewer overall applicants
Economists are expecting a lower number of overall applicants for H-1B visas simply because of the cost. Employers won’t bother with the effort or expense, especially for jobs where there is a domestic workforce to choose from instead.
Traveling will become more complicated
It’s not clear what happens when a current visa holder (holding an H-1B visa) travels abroad and must return to the U.S. after September 21. The main concern is whether the $100,000 fee will apply when returning, getting a new visa stamp, or otherwise seeking to travel. So immigration lawyers are warning of complications.
It comes from an executive proclamation, not Congress
This is a presidential action, not a new law passed by Congress. The President made a formal proclamation restricting certain types of nonimmigrant worker visas, including H-1Bs, unless the fee is paid. Since it did not go through the legislative process, there is already talk of lawsuits and legal challenges questioning its validity and enforceability.
Sources: Please see here for a complete listing of all sources that were consulted in the preparation of this article.
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