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President Announces $100,000 Fee for H-1B Visas
Contributor: Van T. Doan
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Hot on the heels of the recently-announced bond pilot program for B-1/B-2 visas comes another announcement imposing a fee for nonresident visas: a $100,000 fee for H-1B visas, through which employers can bring highly-educated foreign professionals to the United States for temporary work in “specialty occupations” such as the science, technology, engineering, and medicine (STEM) fields.
H-1B visas are nonimmigrant visas with an initial duration of three years and the possibility of extension for up to three years. While there has previously been an application fee associated with these visas, it was much lower: $2,000 to $5,000, depending upon the size of the employer. The new fee is in addition to those existing fees, not instead of them. The new fee took effect on September 21, 2025. Naturally, there is concern about how it will affect employers’ ability to bring needed employees to the U.S. Here are answers to some of the most frequently asked questions about the new fee.
Why was the $100,000 fee imposed on new H-1B visa applications?
The official justification for the fee is to address alleged abuses of the H-1B program. The Trump administration claims that many companies have been using the program to replace American workers with cheaper foreign labor. The administration asserts that this measure will protect job opportunities for American workers, who might otherwise be discouraged from pursuing work in STEM fields if they believe foreign workers might be hired at a lower cost. The administration also claims that the so-called abuses of the H-1B visa program are a national security threat.
While protecting American jobs and preventing abuses seems like a lofty goal, the reality is different from what the administration claims. Employers are required to take specific steps to make sure that hiring an H-1B employee will not adversely affect working conditions or wages of American workers who are similarly employed.
Will any of the fee be passed on to employees?
H-1B regulations have always required employers to pay filing fees for H-1B visas for their employees; it may violate labor laws for employers to try to pass these fees on to employees in any way.
To whom the $100,000 H-1B visa fee apply?
The fee applies only to new applications, not visa renewals, so employers seeking to hire someone who does not currently hold H-1B visa status will have to pay the fee. The fee will apply both to individuals outside the U.S. who have a company seeking to sponsor them for an H-1B visa, and individuals within the U.S. on another type of visa who are changing status to H-1B for the first time.
Employers who filed H-1B visa petitions before the effective date are exempt from the fee, even if the applications were still pending as of September 21, 2025. Employers petitioning for other visa categories, such as H-4 dependents of H-1B visa holders, L-1 intracompany transferees, or O-1 “extraordinary ability” workers, among others, will not have to pay the $100,000 fee.
Who will be hit hardest by the new fees?
It’s already clear that the impact of the new H-1B visa fee will not be felt equally. Larger companies like Google and Apple will be able to absorb the cost much more easily than the thousands of smaller employers that rely on H-1B employees, such as startups and smaller businesses, school districts, and rural hospitals. Outsourcing and staffing companies (like large global IT service firms) will also take a big hit; they file hundreds or thousands of new H-1B petitions for contract workers.
Companies may be feeling the immediate financial impact of the new H-1B visa fees, but economists are warning that the new fee will likely damage the U.S. economy; workers who would otherwise have come to the U.S. will probably move to other countries, resulting in a “brain drain” and slower economic growth.
Does the fee apply to all new H-1B visas?
The default is for the new $100,000 fee to apply to all new H-1B visa applications as of September 21, 2025. However, the presidential proclamation which established the fee gives the Secretary of Homeland Security broad discretion to waive, reduce, or exempt the fee. The language of the proclamation states, “The Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of Labor, may exempt any nonimmigrant, employer, or class of employers from the fee requirement if such exemption is in the national interest or otherwise necessary to ensure the continued functioning of critical sectors of the United States economy or national security.”
There are no strict guidelines or detailed criteria for which cases may qualify for an exemption under this language. Many legal scholars are concerned that the ambiguity opens the door for favoritism toward companies that support the current administration, while applying the fee in a punitive manner to those that do not by denying their request for exemption.
How long will the fee be applied to new H-1B visa applications?
The fee applies to new H-1B petitions filed after 12:01 a.m. Eastern on September 21, 2025, and before September 21, 2026. So, right now, it is intended to be in place for one year—but the proclamation notes that that expiration date is “absent extension” of the requirement, so it could be longer.
What should I do if I have more questions?
If you have further questions about the new H-1B visa fees or other immigration matters, speak to an experienced licensed immigration attorney. Contact our law office to schedule a consultation.