On September 19, 2025, a Presidential Proclamation introduced a new $100,000 fee for certain H-1B visa applications. The policy, which took effect on September 21, 2025, has caused widespread concern and confusion in the business, tech, and immigrant communities.
This FAQ explains what the new rule means, who it affects, and what comes next according to the actual text of RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS.
What is the new $100,000 H-1B visa fee?
It is a one-time, $100,000 charge that must accompany certain new H-1B visa petitions. Any petition filed without the full payment will be denied.
Who has to pay this fee?
The fee applies to employers filing new H-1B petitions for workers who are:
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Currently outside the United States, and
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Have not previously been issued an H-1B visa.
Under federal regulations, all H-1B-related fees must be paid by the employer, not the employee. This is expected to hold true for the new $100,000 fee.
Who is exempt from the new fee?
The fee does not apply to:
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Current H-1B visa holders, including those traveling abroad or seeking renewals.
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Individuals with an already approved H-1B petition (including those selected in the most recent lottery).
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F-1 students and OPT holders already in the U.S. who are transitioning to H-1B status.
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Workers in the healthcare and engineering industries.
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Case-by-case national interest exceptions, where DHS determines that hiring a particular worker benefits the U.S.
Is the fee annual or one-time?
It is a one-time fee per petition.
When does the new rule apply?
The fee requirement applies to all new petitions filed on or after September 21, 2025.
Why was this change introduced?
The administration argues the fee is needed to curb “abuse” of the H-1B system, claiming foreign workers displace American workers at lower wages. By raising the cost, officials say they aim to “level the playing field” for U.S. workers.
How are companies reacting?
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Major employers (Amazon, Microsoft, JPMorgan, etc.): Many advised H-1B workers traveling abroad to return to the U.S. before the new rules took effect.
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Startups and smaller firms: Expected to be hit hardest, as the $100,000 cost per petition is prohibitive.
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Indian tech professionals: Likely to be disproportionately impacted, as they represent the majority of H-1B visa holders.
Are there legal challenges?
Yes. Many immigration attorneys argue that imposing a $100,000 fee—far beyond the cost of processing an application—may exceed the administration’s legal authority. Lawsuits are already being prepared to challenge the rule.
What does this mean going forward?
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Employers will need to carefully weigh the cost before sponsoring new workers from abroad.
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Companies may shift strategies, favoring domestic workers or foreign workers already in the U.S. (such as F-1/OPT holders) to avoid the new fee.
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The long-term impact will likely include fewer new H-1B applications overall, but larger firms may continue to absorb the cost to secure top talent.
Disclaimer: I am not an immigration lawyer. This post summarizes information gathered to the best of my knowledge at the time of writing. Immigration policies can change quickly, and interpretations may vary. For specific guidance, please consult with a qualified immigration attorney or your employer’s immigration/HR staff.