Immigration

Client Alert: New $100,000 Fee for H-1B workers

Headshot of Shiva Karimi
Shiva Karimi
Director, Corporate Department; Chair, Immigration Law Practice Group; Managing Director, Boston Office
Published: McLane.com
September 22, 2025

On September 19, 2025, President Donald Trump issued a proclamation imposing a $100,000 fee on new H-1B visa applications, effective from 12:01 a.m. EDT on September 21, 2025. This fee applies only to new petitions submitted after that date and does not affect current visa holders or renewals. At this time, these are the current important facts that we know:

  • Individuals with a currently approved H-1B petition, or whose H-1B petitions were filed prior to 9/21/25 but are still pending may enter the U.S. without paying a $100,000 fee.
  • Individuals who already have an approved H-1B visa may enter the U.S. without paying a $100,000 fee.
  • The $100,000 fee is not required for H-1B extension petitions.

All H-1B individuals should exercise caution, and consider avoiding travel where possible considering the sudden shifts in policy.

BACKGROUND INFORMATION

For further reference, below is a detailed timeline of what has taken place to date:

On Friday evening September 19, 2025, the Proclamation was published:

  • The preamble stated H-1B visas replace American workers especially in STEM fields, and that as a result ALL H-1B nonimmigrants outside the U.S. are restricted from entering the U.S. unless their petitions included a payment of $100,000. This implies applicability to returning H-1B workers, as well as newly approved/pending FY2026 H-1B cap workers who would begin work 10/1/25.
  • The effective date/time was 9/21/25 at 12:01am which would effectively prevent all FY2026 H-1B cap individuals outside the U.S. from entering, because entry would normally only be allowed 10 days prior to the 10/1/25 start date of FY2026 H-1B cap visas.
  • The Proclamation implies individuals with an H-1B employment start date prior to 10/1/26 cannot enter the U.S. using B visas and then change status, creating confusion as to whether it applied to H-1B cap workers starting work on 10/1/25
  • A discretionary exemption is carved out for H-1B workers whose employment is in the “national interest” and “does not pose a threat to the security or welfare” of the U.S., without any definition.
  • Howard Lutnick stated during a press event that the fee would be annual, and this information was published by various news outlets.

On Saturday September 20, 2025, the government published corrections and clarifications:

  • USCIS Memo stated the Proclamation did NOT apply to:
    • Petitions filed prior to 9/21/25.
      Individuals with currently approved petitions (seemingly as of 9/20/25).
    • Individuals with valid H-1B visas.
  • A White House Rapid Response post on X added:
    • The Proclamation only applies to future applicants in the February lottery who are outside the U.S. (note there is no lottery in February – it takes place in March).
    • The Proclamation does not apply to anyone with a current visa.
  • CBP also posted a Memorandum, but only on X rather then their website which stated:
    • The Proclamation only applies prospectively to petitions which have not yet been filed.
    • The fee will be required for “new H-1B petitions only” without further clarification.

On Sunday September 21, 2025, USCIS and the White House published identical FAQs which stated:

  •  The Proclamation only applies to “new” petitions submitted after 9/21/25 12:01am EDT which includes: “2026 lottery” and “any other H-1B petitions.”
  •  The Proclamation does not change fees required for H-1B “renewals.”
  • The $100,000 fee is a one-time fee.