Client Alert: $100,000 Fee on New H-1B Petitions

On September 19, 2025, the Trump Administration issued a Presidential Proclamation imposing a $100,000 one-time fee on new H-1B petitions. The measure is effective for a one-year period beginning September 21, 2025.
Importantly, this fee does not apply to current H-1B visa holders, renewals, extensions, or change-of-employer applications. Those already holding H-1B visas—including individuals currently abroad—may continue to travel and re-enter the United States without being subject to the new fee. The rule will apply beginning with the next H-1B lottery cycle.
Employers planning to sponsor new H-1B workers should consult with immigration counsel promptly to understand the implications, explore alternative strategies, and prepare for additional costs.

Presidential Proclamation Imposing $100,000 Fee on New H-1B Visas

Summary
On September 19, 2025, the Trump Administration issued a Presidential Proclamation imposing a $100,000 fee on the entry of H-1B workers. The policy is effective for a one-year period beginning September 21, 2025.
Key Points of the Policy

1. One-Time Fee – This is not an annual fee. It is a single $100,000 charge applied to new H-1B petitions.

2. Current Visa Holders Not Affected –

   • Individuals already holding H-1B visas, including those currently abroad, will not be charged this fee to re-enter the United States.

   • H-1B visa holders may continue to travel internationally and re-enter as before.

3. Applies Only to New Visas – The fee applies solely to new H-1B petitions. It does not apply to renewals, extensions, or change-of-employer applications.

4. Timing – The fee will first apply in the upcoming H-1B lottery cycle.

Practical Implications

• Employers seeking to hire new H-1B workers will face substantially increased costs.

• Existing H-1B workers and F-1 students applying for a change of status to H-1B inside the U.S. remain unaffected.

• Companies should plan for potential litigation challenging the proclamation, but it is effective immediately for consular visa issuance.

Recommendations

• Employers should consult with immigration counsel before initiating new H-1B petitions.

• Current H-1B employees should be reassured that their ability to travel and extend status is not impacted.

• Businesses relying on new H-1B talent should evaluate alternative strategies and budget for contingencies in the upcoming lottery cycle.