A Complete Look at the New $100,000 H-1B Fee

Guest Post by ManifestLaw.com

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As we close out 2025 and look forward to 2026, the H-1B visa program is entering one of the most consequential periods of reform in more than a decade. 

As of September 21, 2025, a new federal requirement has been implemented, bringing an entirely new $100,000 supplemental payment to certain H-1B filings. 

This ruling completely reshapes how employers hire foreign talent, how petitions are prepared, and how global mobility is managed.

This new reform has impacts that stretch all across the country, so below, we will dive into who exactly it applies to, who is exempt, how to navigate this change, and how this all fits into the broader set of upcoming H-1B changes and the immigration visa space as a whole.

What the $100,000 H-1B Fee Actually Is

This new fee originates from a presidential proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. 

Signed on September 19, 2025, this proclamation directs USCIS to deny H-1B petitions unless the employer includes a $100,000 payment made through Pay.gov at the time of filing. This new fee applies to H-1B petitions filed at or after 12:01 A.M. EST on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.

USCIS later issued further clarity and guidance on the reform, confirming several key points:

• The payment is one-time, not an annual fee.

• The fee applies to new petitions for individuals applying from outside the United States without a valid H-1B visa.

• The fee also applies if the petition was requesting consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.

• ​​The payment also applies for change or extension of status requests where USCIS cannot approve the extension or change of status  (for example, due to leaving the U.S. or being out of status).

• Petitions filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.

Who Will This Fee Impact and How?

Under the October $100k implementation H-1B guidance, the decisive factor is where the worker is physically located at the time of filing and whether they hold a valid H-1B visa or not.

The fee applies to:

• New hires applying for a visa from outside the United States

• Petitions prepared for consular processing

The fee does not apply to:

• Existing U.S. H-1B extensions

• Existing U.S. H-1B amendments

• Existing U.S. H-1B transfers between employers

• Existing U.S. H-1B changes of status

• Valid H-1B visa holders

• Previously approved petitions

Will Travel Trigger the H-1B Fee? 

Now, if a worker travels internationally while an amendment, extension, transfer, or change of status is pending, USCIS may convert such a case into consular processing, triggering the $100,000 requirement.

National-Interest Exceptions

When it comes to national interest, the rule does narrowly include authority for DHS to waive the fee in exceptional cases. No concrete examples have been given in official guidance, but attorneys anticipate that exceptions may be made for workers in fields like AI, defense technology, semiconductors, and advanced research.

Impact on Employers

Just as with any policy reform that directly impacts hiring, most employers may change hiring strategies as we move into 2026:

• Companies may consider moving abroad, where the acquisition of talent is easier

• Increased emphasis on hiring domestic talent

• Further executive review for overseas hiring

• Strict travel parameters for any pending cases

Impact on Existing Workers

Domestic filings remain largely unaffected for workers already in the U.S. Individuals with approved petitions awaiting stamping can still return to the U.S. without issue. 

With that being said, travel during pending cases should be avoided, and it’s essential to speak with an immigration attorney before making any travel plans.

H-4 Dependents

The rule does not apply to H-4 spouses or children.

Challenges and Changes to the Fee

As one might imagine, a reform as immense as this has not come uncontested.

Legal challenges

Since the proclamation, multiple lawsuits have been filed challenging the fee, including cases by hospitals, schools, nonprofits, and the U.S. Chamber of Commerce. 

While there is a chance an injunction could potentially pause the fee while litigation proceeds, only time will tell.

Additional H-1B Changes Ahead

The proclamation also noted an assortment of other changes to come:

• Higher prevailing wage levels

• A salary-weighted H-1B lottery system

These changes very well may reshape the H-1B cycles through the next several years or longer.

What to Expect Next

USCIS will soon begin issuing decisions on petitions filed after September 21, 2025 giving petitioners and H-1B visa attorneys a better look at just how strictly the new rules will be applied. 

Employers should expect a need for more careful planning and overall longer processing timelines.

Everything we broke down above points to the fact that this new $100,000 H-1B fee represents a major shift in U.S. immigration policy. While existing workers and domestic filings will remain mostly unaffected, overseas hiring now carries substantial cost and complexity, so if you are considering an H-1B visa, you should speak to an experienced immigration attorney to gather just how this H-1B reform might impact you.