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President Trump recently signed an executive order imposing a requirement that United States employers must begin paying a $100,000 fee per H-1B applicant, beginning on September 21st, 2025. Employers will have to pay the $100k fee annually to maintain the status of each of their H-1B employees.
What Is an H-1B Visa?
H-1B is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations for a period of up to three years. This visa can also be extended for an additional three years. To qualify, foreign workers must be sponsored by a U.S. employer for a specialty occupation, which is a position that requires specialized knowledge and the minimum of a bachelor’s degree or its equivalent in a specific field.
Nearly 400,000 foreign workers were approved for H-1B visas in 2024, including over 141,000 for new H-1B petitions. Most H-1B jobs are in the STEM fields, and large companies such as Amazon, Google, Apple, Ernst & Young, and Microsoft Corporation, have recruited thousands of workers for H-1B positions.
Who Will Have To Pay the $100K Fee?
The Trump administration has now issued a new memorandum clarifying which applicants will have to pay the new $100k H-1B fee after September 21st, 2025. While the executive order did not clarify whether this will affect new or existing petitions, it did mention that the fee will apply to foreign nationals who are traveling into the U.S. with new H-1B visas. The new memo specifically states that the fee applies prospectively to petitions that have not yet been filed; and it will not affect the ability of any current H-1B visa holder to travel to or from the U.S.
This year, H-1B season will begin on October 1, 2025. Going forward, if you are selected and approved for H-1B status, you must show evidence that your prospective employer has paid the $100k fee for you to enter the U.S. If you already hold H-1B status, your employer will not be required to pay the $100k fee.
How Will the New $100K Fee Impact H-1B Filings?
Imposing such an astronomical fee will significantly impact the number of U.S. employers who file H-1B petitions for foreign workers. Large companies may be forced to reduce the number of workers they hire in this status or only hire those in the highest salary brackets to break even. Small tech companies and others that rely on foreign workers will likely have to stop, or sharply limit, sponsoring individuals for H-1B status. While many immigration advocates oppose the $100k fee, the President’s proclamation claims that the objective is “to address systemic abuse of H-1B nonimmigrant visas.”
Contact Us To Discuss Your Options
If you are an F-1 student or foreign worker who may be impacted by this new $100k fee for H-1B filings, or if you have questions regarding another immigration matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
