What's Happening?
US Citizenship and Immigration Services (USCIS) has provided further details on the $100,000 fee for H-1B visa petitions, as mandated by a Presidential Proclamation on September 19, 2025. This fee applies
to employers filing H-1B petitions for workers abroad, effective from September 21, 2025. The fee is payable via the US Treasury's website, pay.gov. However, the fee does not apply to petitions for employees already in the U.S. seeking to change or extend their H-1B status. USCIS clarified that the fee is not applicable if an H-1B worker departs the U.S. and seeks a visa from a U.S. Embassy or Consulate abroad. The fee primarily affects employers bringing foreign nationals to the U.S. using H-1B petitions.
Why It's Important?
The clarification of the $100,000 H-1B visa fee is significant for U.S. employers relying on foreign talent. It imposes a substantial financial burden on companies seeking to hire workers from abroad, potentially affecting hiring decisions and business operations. Employers must navigate these new financial requirements, which could impact their ability to attract international talent. The fee may also influence the dynamics of the U.S. labor market, as companies might reconsider their hiring strategies or explore alternative visa options. This development underscores the ongoing complexities in U.S. immigration policy and its implications for businesses.
What's Next?
Employers must carefully plan their H-1B visa petitions to avoid triggering the fee. Companies should ensure prospective H-1B employees are either currently employed or have been unemployed for less than 45 days to avoid the fee. Additionally, H-1B workers should refrain from international travel while their petition is pending to prevent abandonment of their change or extension of status petition. Employers may need to adjust their recruitment strategies and consider the financial implications of the fee when planning to hire foreign workers.
