Understanding the new $100,000 H-1B visa fee

Summary of the new H-1B visa proclamation

If you currently hold a valid H-1B visa, this proclamation does not impact your ability to travel to and from the U.S. The new $100,000 petition fee applies only to new H-1B applications for individuals outside the U.S., starting Sept. 21, 2025. The new policy is valid for 12 months and may be renewed or extended. Employers must retain proof of payment, which will be verified during visa processing. Failure to pay the fee will result in denial of entry.

Exemptions may be granted by the Secretary of Homeland Security, who may waive the fee for individuals, companies, or industries if their entry is deemed to be in the national interest or if it poses no threat to the U.S. labor market or national security. Additionally, the Department of Labor will begin revising prevailing wage levels for H-1B workers, which may further impact future application strategies and employer obligations.

Who is not affected

Current H-1B visa holders, including those currently abroad, are not impacted by this change. Individuals approved under the previous H-1B lottery cycle and those renewing or re-entering with a valid H-1B visa are also exempt from the new fee.

Who is affected

This policy affects individuals applying for new H-1B visas from outside the U.S., particularly those entering the 2026 H-1B cap cycle (FY2027). Within 30 days of the next lottery, federal agencies are expected to review the policy and recommend whether it should be extended or revised.

What employers and applicants should do

Employers and applicants should monitor updates from U.S. immigration authorities closely. Budget planning for future H-1B filings should now account for the new petition fee. Talent acquisition strategies may need to shift toward alternative visa categories or domestic hiring. Employers are encouraged to reassess long-term workforce mobility plans and seek legal guidance for upcoming H-1B filings.