H-1B Visa $100,000 Fee in 2025: Employer & Applicant Guide

On September 19, 2025, President Donald Trump announced a new $100,000 H-1B visa fee, reshaping how U.S. employers hire international workers. This one-time surcharge applies to new H-1B petitions filed for applicants outside the U.S. beginning September 21, 2025. In this guide, we explain what the $100,000 H-1B fee means, who it impacts, provide confirmed details, open questions, and explain how employers and applicants can prepare.

Why Was the $100,000 H-1B Fee Introduced?

The new fee was implemented as part of a broader effort to reform the H-1B program. The main reasons and policy goals cited for introducing this $100,000 supplemental fee include:

• Protect U.S. workers by allowing visas only for roles with verified skill shortages.
• Steering H-1B approvals towards high-wage, high-skill jobs, discouraging misaligned petitions.
• Deterring fraud and low-wage oriented petitions, making systemic misuse costly while protecting U.S. workers. This approach raises the cost of petitions, encouraging compliance and fairness across employers and protecting American jobs.

In tandem with proposed increases to employer fees, the Department of Labor is advancing regulatory changes to raise prevailing wage levels for H‑1B positions. These changes would require employers to offer substantially higher salaries to sponsored workers, aligning wage requirements more closely with those paid to U.S. counterparts. The broader intent is to reorient the H‑1B program toward genuinely high-skill, high-wage roles and reduce its use as a source of lower-cost labor.

How Does the New Fee Compare to Existing H-1B Costs?

Traditionally, sponsoring an H-1B worker involved several standard fees totaling only a few thousand dollars. An employer would pay roughly $2,000 to $5,000 in government fees that would include the base petition, training, and fraud prevention.

With the new policy, any “new” H-1B petition filed after the effective date must include an additional $100,000 payment to be accepted. 

Table: Typical total government fees for an H-1B petition, before vs. after the introduction of the $100k fee.

Does the H-1B $100k Fee Apply to Transfers and Extensions?

The fee applies only to “new” H-1B visa petitions filed on or after September 21, 2025.

Both cap-subject petitions (those subject to the H-1B lottery) and cap-exempt petitions (filed by universities, nonprofit research institutes, etc.) are subject to the fee.

Which Employers Are Most Affected By The New H-1B Fee?

The new fee creates immediate financial challenges, especially for startups, small to medium businesses, nonprofits, and universities that often operate with limited resources but rely heavily on international talent from abroad.

The fee does not apply to:

• Current H-1B workers in the U.S. with valid status seeking extensions, transfers, and concurrent H-1Bs.
• Petitions filed before September 21, 2025; entry is grandfathered in.
  
• Valid H-1B visa holders who had an H-1B before September 21, 2025, traveling internationally.

Additional details continue to emerge.

What Is Confirmed About the Fee?

• It is a one-time fee payable by the employer for each new eligible petition filed after September 21, 2025.
  
• It is in addition to existing filing fees, such as the $215 H-1B lottery registration fee and other USCIS fees.
  
• Agencies, including USCIS, CBP, and the Department of State, have issued guidance clarifying that the fee is only prospective, does not apply to extensions or petitions filed before September 21, and pertains only to workers outside the U.S. at filing.
  
• The proclamation is set to remain in effect for 12 months, until September 21, 2026, unless extended or revoked.
  

Step-By-Step Preparation List For Employers and Applicants

1. Stay updated with USCIS, DHS, and DOS announcements.

• Subscribe to agency alerts and follow rulemaking dockets.
• Watch for payment instructions and filing procedures tied to the $100,000 H-1B fee.
• Note exactly how the fee must be collected, documented, and verified in petitions.
• Update internal checklists and train staff as guidance evolves.
  

2. Budget for increased costs.

• Meticulously account for per-hire costs, including the $100,000 fee, plus higher prevailing wages from the Department of Labor.
• Reforecast headcount plans, offer budgets, and hiring timelines.
• Set approval thresholds and contingency funds for priority roles.
• Monitor cash flow impact and revisit quarterly.
  

3. Explore alternative visas (O-1, EB-1, EB-2 NIW, Trump Gold Card).

• Screen applicants based on O-1 extraordinary ability benchmarks.
• Assess EB-1 and EB-2 NIW pathways for long-term options.
• Map timelines, evidence needs, and success odds for each route.
• Track emerging programs as potential strategic alternatives.
  

4. Seek expert legal guidance early.

• Engage experienced immigration counsel now for a tailored plan.
• Pressure-test scenarios (H-1B vs. alternatives) by role and candidate profile.
• Create a documentation roadmap to minimize refiles or RFEs.
• Schedule periodic check-ins to adjust strategy as rules and guidance change.
• Subscribe to the Alcorn Law newsletter.

The $100,000 H-1B visa fee marks one of the most dramatic shifts in employment immigration policy in decades. If you’re an employer or applicant navigating these changes, we recommend:

Contacting us to review your options. 

Exploring alternative visas like O-1A, EB-1A, EB-2 NIW 

Scheduling a consultation with our immigration attorneys today

National Interest Exception

The H-1B Proclamation includes a National Interest Exception (NIE). The formal text confirms that the $100,000 fee is waived if the Secretary of Homeland Security, in their discretion, ‘determines… that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.’ This waiver can be applied to an individual, a company, or an entire industry.

In essence, the National Interest Exception (NIE) serves as the crucial exception to the $100,000 supplemental fee mandated by the September 2025 Presidential Proclamation for certain new H-1B entries from abroad. It grants the Secretary of Homeland Security (DHS) the discretionary power to waive both the entry restriction and the fee for an individual, a company, or an entire industry. 

The core challenge for employers is the current absence of formal, detailed criteria or application procedures from DHS or the Department of State (DOS), creating significant uncertainty. Based on the spirit of the Proclamation and prior immigration policies, a successful NIE claim will likely hinge on demonstrating that the worker’s presence is essential to a national priority, not just a business necessity. 

This may require proving the role is indispensable to a critical infrastructure sector (such as healthcare, defense, or energy), the individual possesses unique and specialized expertise unavailable in the U.S. workforce, or  the position commands a high wage (e.g., Level IV or higher) to align with the goal of prioritizing top-tier talent. Ultimately, the employer must articulate the severe, detrimental impact that denying the worker’s entry would have on a critical U.S. mission.

FAQs

How do employers pay the $100k H-1B fee?
The employers will pay through Pay.gov. 

Does the new fee apply to H-1B transfers for people who had an H-1B before September 21, 2025?
No.

How does the $100k fee affect H-1B visa stamping abroad?
Consulates will only issue H-1B visas if the $100k employer payment is confirmed, if applicable. The fee isn’t paid at the embassy; consular officers verify it was paid beforehand.

Will startups or nonprofits get exemptions?
No. The $100k fee applies to all H-1B employers, including startups and nonprofits. Only discretionary National Interest Exceptions for critical sectors could waive the fee, but none are formalized yet.

What alternative immigration pathways can employers consider instead of H-1B?
Employers can turn to high-skilled alternatives like the O-1 extraordinary ability visa, EB-1, or EB-2 NIW green cards.