What's Happening?
The U.S. Citizenship and Immigration Services (USCIS) has clarified the implementation of a $100,000 fee for certain H-1B visa petitions, as mandated by a Presidential Proclamation dated September 19, 2025. This fee applies to employers filing H-1B petitions for workers
currently abroad, effective for petitions filed after September 21, 2025. The fee is intended as a tariff on the importation of labor and must be paid via the US Treasury's website. However, the fee does not apply to H-1B petitions for employees already in the U.S. seeking to change or extend their status. Additionally, the fee is not applicable if an H-1B worker departs the U.S. and later seeks a visa from a U.S. Embassy or Consulate abroad.
Why It's Important?
The introduction of this fee could significantly impact U.S. employers who rely on foreign talent, particularly in industries that depend heavily on skilled labor from abroad. The fee may deter some companies from hiring international workers, potentially leading to a talent shortage in sectors like technology and engineering. Employers may need to reassess their hiring strategies and budget allocations to accommodate this additional cost. The policy could also influence the broader immigration landscape, affecting how companies plan their workforce and manage international talent acquisition.
What's Next?
Employers must navigate the new fee structure carefully to avoid unexpected costs. Companies planning to hire H-1B workers from abroad should ensure compliance with the new fee requirements and consider the financial implications. Additionally, H-1B workers and employers should be cautious about international travel during pending petitions to avoid triggering the fee. The policy may prompt discussions among industry leaders and policymakers about the balance between protecting domestic labor markets and maintaining access to global talent.
