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On September 19, 2025, the White House announced through executive order one of the biggest changes to the H-1B visa program in years: a new $100,000 fee for every new H-1B petition. Although legal challenges are expected, this policy is already in effect and has major implications for both employers and workers who depend on this visa.
Who is affected?
The fee applies only to new H-1B petitions filed on or after September 21, 2025 for H-1B employees who are outside the U.S. and will
Importantly, this fee does not apply to current H-1B visa holders or to renewals. If you already have an H-1B and are applying for an extension with the same employer, you will not be charged this new amount. However, it is unclear whether it applies to change of status or change of employer petitions.
Are there exceptions?
The administration has suggested there may be national interest exceptions. These could apply to workers in critical areas such as healthcare, research, and national security. For example, organizations sponsoring foreign doctors, or companies involved in high-priority research, may be able to avoid the $100,000 fee. However, the details of these exceptions have not been finalized, and employers should not assume they qualify without clear USCIS guidance.
What about international travel?
International travel adds another layer of complexity. Current H-1B holders are not subject to the new fee, but employers filing new petitions connected to overseas travel should carefully review timing. Until USCIS provides more direction, it is safest for employers and workers to confirm petition details before making travel plans.
Why the change?
The administration has framed the $100,000 fee as part of its effort to “protect U.S. workers” and discourage overuse of the H-1B program by outsourcing firms. Critics, however, say the fee is excessive, will drive talent away, and could push more work offshore. Technology and consulting firms, which rely heavily on H-1Bs, are expected to be most affected. However, small businesses in any industry will be affected as well.
Legal challenges ahead
Several lawsuits are already being prepared. Business groups argue that such a large fee cannot be created by executive order alone and should require approval from Congress. Some experts also question whether the fee violates trade agreements. Court challenges could take months or longer, so employers must plan as though the rule is in effect.
Stay informed
Immigration rules can shift quickly, and this new H-1B fee may be only the start of further reforms. Lawsuits, policy updates, and possible exceptions will continue to shape how the rule is applied.
📢 Follow our blog for the latest updates, practical advice, and strategies to navigate these changes. We’ll keep you informed as more guidance and court decisions emerge.
This article is provided as an educational service and is not legal advice. Consult with an attorney about your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033 or complete our contact form.
