$100,000 H-1B Fee Update: What You Need to Know

October 20, 2025 Update — In a major shift aimed at reforming the H-1B visa program, the President issued a Proclamation on September 19, 2025, titled “Restriction on Entry of Certain Nonimmigrant Workers.” The Proclamation introduces a significant new requirement: certain H-1B petitions must now include a $100,000 payment as a condition of eligibility.

This measure, effective beginning September 21, 2025, marks a critical change to how H-1B petitions are processed, particularly for individuals currently outside the United States or those seeking entry under specific conditions.

On October 20, 2025, the date of this posting, the government released some critical updates regarding the new fee:

Who Is Subject to the $100,000 Payment?

The new requirement applies to H-1B petitions filed at or after 12:01 a.m. Eastern Daylight Time (EDT) on September 21, 2025, under the following circumstances:

• The petition is filed on behalf of a foreign worker outside the United States who does not currently hold a valid H-1B visa.
• The petition includes a request for consular notification, port of entry notification, or pre-flight inspection for a foreign individual currently in the U.S.
• The petition requests a change of status, amendment, or extension of stay, and U.S. Citizenship and Immigration Services (USCIS) determines that the foreign worker is not eligible for such change (for example, the foreign worker is not in valid nonimmigrant status or departs the U.S. before a change of status is adjudicated).

Who Is Not Subject to the Fee?

The $100,000 payment does not apply in the following cases:

• Petitions filed before 12:01 a.m. EDT on September 21, 2025.
• Foreign workers who already hold a valid H-1B visa.
• Individuals seeking amendments, extensions, or changes of status while lawfully present in the U.S., provided those requests are granted.
• H-1B holders or beneficiaries who later depart the U.S. and seek re-entry on the basis of a valid visa and approved petition.

Additionally, the Proclamation does not affect travel rights for holders of valid H-1B visas or those with approved petitions filed prior to the effective date.

Payment Instructions

Petitioners must pay the required $100,000 before filing the H-1B petition with USCIS. Payment is made via pay.gov, and proof of payment must be submitted with the petition.

Petitions that are subject to the payment but do not include valid proof of payment or an approved exception from the Secretary of Homeland Security will be denied.

Exceptions to the Payment Requirement

Exceptions to the $100,000 fee may be granted under rare circumstances. The Secretary of Homeland Security may waive the payment if:

• The foreign worker’s presence in the U.S. as an H-1B worker is deemed in the national interest;
• No American worker is available to fill the role;
• The foreign worker poses no threat to U.S. security or welfare; and
• Requiring payment would significantly undermine U.S. interests.

Petitioning employers seeking an exception must submit a detailed request with supporting evidence to: H1BExceptions@hq.dhs.gov.

Legal Challenges Expected

Given the unprecedented nature and high financial burden of the $100,000 fee, legal experts anticipate that the Proclamation will likely face court challenges in the coming months. Immigration advocates, business groups, and affected employers may argue that the measure exceeds executive authority, violates administrative procedure laws, or unfairly restricts access to global talent. As with previous changes to immigration policy, litigation could delay implementation or lead to partial rollbacks, depending on the outcome of legal proceedings.

Conclusion

The $100,000 fee signals a dramatic policy shift with broad implications for employers and foreign workers alike. While it targets a specific subset of H-1B petitions, the potential impact on the tech sector, healthcare, and other industries that rely on global talent could be significant. Employers are advised to consult legal counsel and stay closely updated on further guidance from USCIS and the Department of Homeland Security.

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*Please note that this was posted on Oct. 20, 2025, and may not be updated.