What's Happening?
The U.S. Citizenship and Immigration Services (USCIS) has issued guidance on a new $100,000 fee requirement for certain H-1B nonimmigrant visa petitions, as mandated by President Donald Trump's Presidential Proclamation on September 19, 2025. This fee applies
to new H-1B petitions filed on or after September 21, 2025, particularly affecting those filed on behalf of beneficiaries outside the United States without a valid H-1B visa. The guidance outlines the payment process, which must be completed via pay.gov before filing the petition. Exceptions to this fee are limited and require proof that the alien worker's presence is in the national interest, no American worker is available, and the worker poses no threat to U.S. security.
Why It's Important?
The introduction of this substantial fee could significantly impact U.S. businesses that rely on foreign talent, particularly in technology and specialized fields. The fee may deter companies from hiring foreign workers, potentially leading to a talent shortage in critical sectors. This move aligns with broader immigration policy changes under the Trump administration, which have emphasized reducing foreign worker entry. The policy could also affect the U.S.'s competitive edge in global innovation and economic growth, as companies may seek talent in countries with more favorable immigration policies.
What's Next?
Legal challenges to the Proclamation are underway, with two lawsuits filed questioning its legality. These cases could result in the Proclamation being stayed or overturned, affecting the implementation of the fee. Businesses and immigration advocates are likely to continue lobbying against the fee, citing its potential negative impact on the U.S. economy and innovation landscape. The outcome of these legal proceedings will be closely watched by stakeholders across various industries.
