Understanding the $100,000 H-1B Petition Fee: Key Facts for Employers
The Proclamation
On September 19, President Trump signed a proclamation restricting the entry of certain H-1B visa holders—specifically, individuals outside the United States with new petitions filed on or after the effective date. The measure took effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and will remain in place for one year unless extended.
At its core, the proclamation requires that any new H-1B petition filed for an individual outside the United States include a $100,000 payment. Without this payment, entry into the U.S. under H-1B status may be denied. Employers should retain documentation of the payment, and U.S. consular offices are responsible for verifying receipt of payment before issuing the visa. While the proclamation mentions the possibility of supplementing the payment later, in practice this option may be limited depending on consular and USCIS procedures.
What the Rule Does—and Does Not—Do
It is important to underscore what this rule does not do. According to USCIS guidance:
- Unaffected: Petitions filed before September 21, already approved petitions, and current H-1B visa holders. Individuals who are already in the United States in valid H-1B status may continue to work, extend their stay, change employers, or amend their petitions without paying the fee.
- Affected: New petitions filed on or after September 21 for workers outside the U.S. must include the $100,000 payment, or they will not be processed.
- Unsettled: Guidance on international travel and re-entry is less clear: while the White House has stated that current visa holders should generally be able to travel and return without paying the fee, consular and port-of-entry practices may vary, so employers and employees should exercise caution until procedures are confirmed.
Broader Policy Shifts
The proclamation also directs the Department of Labor to revise prevailing wage levels through new rulemaking and instructs DHS to prioritize higher-paid, higher-skilled H-1B applicants. While no single industry is named, the emphasis on wages and skill prioritization signals a program shift: from broader labor supply to a narrower pool of high-compensation roles. These steps are still in development but point to a trajectory of higher barriers and costs for participation.
There are limited exceptions. The Secretary of Homeland Security may grant exceptions if hiring is deemed to be in the national interest and does not pose a risk to U.S. security or welfare. Criteria for these exceptions have not yet been published.
What Employers Should Do Now
Global Mobility and HR leaders should move quickly to protect current employees and prepare for compliance. Immediate steps include:
- Review your pipeline: Identify which petitions were filed before September 21 and which are still pending for workers abroad.
- Plan for costs: For any new filings for workers outside the U.S., factor in the $100,000 payment per filing and retain proof of payment.
- Communicate with employees: Reassure current visa holders that their status remains valid, but exercise caution around international travel until additional guidance is published.
Looking Ahead
Federal agencies are required to revisit this policy within 30 days of the next H-1B lottery cycle, which is expected in March 2026. At that time, the Secretaries of State, Labor, and Homeland Security, along with the Attorney General, must recommend whether the restriction should be extended or renewed. Employers should plan on this requirement being in effect through that review.
The $100,000 is a one-time fee for each new petition. If the proclamation is extended, the fee would apply only to petitions filed during the extended period. Petitions that were already filed and paid under the current proclamation would not be charged again.
This change represents a substantial increase in cost and administrative complexity, but it also underscores the importance of proactive mobility planning and clear communication with employees.
NEI Global Relocation will continue to monitor developments and provide timely updates as further guidance emerges.
This industry alert is provided by NEI Global Relocation for informational purposes only and should not be construed as legal advice. The information contained herein is based on sources believed to be reliable at the time of publication; however, laws, regulations, and government guidance may change without notice. Companies should consult with qualified legal counsel and immigration advisors before making any decisions or taking action based on the information provided.
To ensure timeliness and accuracy, NEI utilized both human research and AI-assisted tools in preparing this alert. While AI technology was employed to support the collection and analysis of publicly available information, all findings were reviewed and synthesized by NEI subject matter experts prior to release.
Understanding the $100,000 H-1B Petition Fee: Key Facts for Employers
The Proclamation
On September 19, President Trump signed a proclamation restricting the entry of certain H-1B visa holders—specifically, individuals outside the United States with new petitions filed on or after the effective date. The measure took effect at 12:01 a.m. EDT on Sunday, September 21, 2025, and will remain in place for one year unless extended.
At its core, the proclamation requires that any new H-1B petition filed for an individual outside the United States include a $100,000 payment. Without this payment, entry into the U.S. under H-1B status may be denied. Employers should retain documentation of the payment, and U.S. consular offices are responsible for verifying receipt of payment before issuing the visa. While the proclamation mentions the possibility of supplementing the payment later, in practice this option may be limited depending on consular and USCIS procedures.
What the Rule Does—and Does Not—Do
It is important to underscore what this rule does not do. According to USCIS guidance:
- Unaffected: Petitions filed before September 21, already approved petitions, and current H-1B visa holders. Individuals who are already in the United States in valid H-1B status may continue to work, extend their stay, change employers, or amend their petitions without paying the fee.
- Affected: New petitions filed on or after September 21 for workers outside the U.S. must include the $100,000 payment, or they will not be processed.
- Unsettled: Guidance on international travel and re-entry is less clear: while the White House has stated that current visa holders should generally be able to travel and return without paying the fee, consular and port-of-entry practices may vary, so employers and employees should exercise caution until procedures are confirmed.
Broader Policy Shifts
The proclamation also directs the Department of Labor to revise prevailing wage levels through new rulemaking and instructs DHS to prioritize higher-paid, higher-skilled H-1B applicants. While no single industry is named, the emphasis on wages and skill prioritization signals a program shift: from broader labor supply to a narrower pool of high-compensation roles. These steps are still in development but point to a trajectory of higher barriers and costs for participation.
There are limited exceptions. The Secretary of Homeland Security may grant exceptions if hiring is deemed to be in the national interest and does not pose a risk to U.S. security or welfare. Criteria for these exceptions have not yet been published.
What Employers Should Do Now
Global Mobility and HR leaders should move quickly to protect current employees and prepare for compliance. Immediate steps include:
- Review your pipeline: Identify which petitions were filed before September 21 and which are still pending for workers abroad.
- Plan for costs: For any new filings for workers outside the U.S., factor in the $100,000 payment per filing and retain proof of payment.
- Communicate with employees: Reassure current visa holders that their status remains valid, but exercise caution around international travel until additional guidance is published.
Looking Ahead
Federal agencies are required to revisit this policy within 30 days of the next H-1B lottery cycle, which is expected in March 2026. At that time, the Secretaries of State, Labor, and Homeland Security, along with the Attorney General, must recommend whether the restriction should be extended or renewed. Employers should plan on this requirement being in effect through that review.
The $100,000 is a one-time fee for each new petition. If the proclamation is extended, the fee would apply only to petitions filed during the extended period. Petitions that were already filed and paid under the current proclamation would not be charged again.
This change represents a substantial increase in cost and administrative complexity, but it also underscores the importance of proactive mobility planning and clear communication with employees.
NEI Global Relocation will continue to monitor developments and provide timely updates as further guidance emerges.
This industry alert is provided by NEI Global Relocation for informational purposes only and should not be construed as legal advice. The information contained herein is based on sources believed to be reliable at the time of publication; however, laws, regulations, and government guidance may change without notice. Companies should consult with qualified legal counsel and immigration advisors before making any decisions or taking action based on the information provided.
To ensure timeliness and accuracy, NEI utilized both human research and AI-assisted tools in preparing this alert. While AI technology was employed to support the collection and analysis of publicly available information, all findings were reviewed and synthesized by NEI subject matter experts prior to release.
