President Imposes $100,000 Fee on H-1B Visa Applications

On the evening of September 19, 2025, the president issued a proclamation:

Starting September 21, 2025, U.S. employers must pay a $100,000 fee per worker to bring an H-1B employee from abroad, unless an exception applies.

This means our H1B petitions of those outside the United States would require a $100,000 payment fee and without it the H1B visa would not be approved by USCIS. The rule applies for 12 months (through September 20, 2026), unless extended. This is a significant development, and we are awaiting announcement of which industries, if any, DHS will provide exceptions.  

Who Does This Apply To

• H-1B petitions filed or pending on or after September 21, 2025, where the employee is outside the U.S. These petitions will require the new fee. 

Who Does This Not Apply To

• Employees who are already inside the U.S. as of 12:01 a.m. on September 21, 2025, even if their petition is still pending. 
• Employees whose H-1B petition was approved before September 21, 2025. 
• Employees whose petition is 1) a change of status to H-1B, 2) extension of H-1B status or 3) change of H-1B employer for an individual physically present in the U.S. 

Caution: If the employee travels outside the U.S. after September 21 while the petition is pending, the restriction could apply. 

The office of international affairs is working diligently to learn more about this proclamation and to assess its impact on those H1B visa applications that are in our queue.