US Imposes $100,000 Fee for New H-1B Visa : Who It Affects & What’s Changed

The U.S. government has introduced a sweeping change to the H-1B visa system: a one-time $100,000 fee for new visa petitions filed for applicants outside the United States. This dramatic shift, effective September 21, 2025, aims to reshape how skilled foreign workers enter the U.S. economy. But with so many questions arising—from who will be affected, to what the exemptions are—this article breaks down what has changed, who bears the burden, and how it might ripple across global tech, academia, and immigrant families.

What Exactly Has Changed?

On September 19, 2025, President Donald Trump signed a proclamation requiring that any new H-1B visa petition filed on behalf of a foreign worker outside the U.S. must include a $100,000 fee. The fee is not retroactive—meaning current H-1B holders or petitions submitted before the effective date are exempt. The policy also comes with stricter wage requirements and enforcement measures designed to protect U.S. workers.


Who Is Affected — And Who Isn’t

Affected

  • New H-1B visa applicants outside the U.S. as of September 21, 2025.
  • Employers who sponsor H-1B workers from abroad, especially in technology, healthcare, and academia.

Not Affected

  • Existing H-1B holders in the U.S. before the deadline.
  • Petitions filed prior to September 21, even if still pending.
  • Certain national interest exemptions, though details are still being clarified.

Why the Change?

The administration outlined several reasons:

  1. Protecting U.S. Workers – Ensuring jobs and wages for American workers are not undercut.
  2. High-Skill Priority – Making H-1B visas accessible mainly to highly skilled or specialized professionals.
  3. Curbing Misuse – Targeting loopholes and companies that rely excessively on cheaper foreign labor.
  4. Revenue and Incentives – Forcing companies to reconsider hiring strategies by weighing the high cost of sponsorship.

Consequences & Impacts

  • Tech Giants: Big firms like Google, Microsoft, and Amazon may reduce foreign hiring or absorb higher costs.
  • Indian IT Sector: Indian outsourcing firms, historically reliant on H-1B visas, face major disruption.
  • Skilled Graduates: International students on OPT hoping to transition to H-1B may find opportunities limited.
  • Startups: Smaller businesses with limited budgets may struggle to hire foreign talent.
  • Legal Uncertainty: Questions remain about exemptions, travel rules, and processing delays.

Key Dates & Deadlines

  • Effective Date: September 21, 2025, at 12:01 a.m. EDT.
  • Duration: The proclamation is valid for 12 months, subject to review or extension.

FAQs

Q1. Does this fee apply to H-1B renewals?
No. Existing visa holders renewing or extending their visas are not required to pay the new fee.

Q2. What if an H-1B holder travels abroad after September 21?
Current holders are exempt when re-entering. However, new petitions may trigger additional scrutiny.

Q3. Who pays the $100,000 fee?
The sponsoring employer must pay—it cannot legally be passed onto the employee.

Q4. Are there exemptions?
Yes. Some individuals or companies may qualify for national interest exemptions, though details are still pending.

Q5. What should applicants do now?
Employers and workers should consult immigration attorneys, avoid unnecessary travel, and explore filing alternatives or early petitions.


Consequence

This $100,000 fee represents one of the most dramatic shifts in U.S. immigration policy in decades. While supporters argue it protects American jobs and ensures only the most qualified workers are hired, critics say it unfairly burdens employers, disrupts global talent pipelines, and risks damaging industries reliant on foreign expertise.

The coming year will reveal whether this policy achieves its intended goals—or sparks further legal and political battles over the future of skilled immigration to the U.S.

H-1B Visas

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