What's Happening?
The U.S. Citizenship and Immigration Services (USCIS) has provided further details on the $100,000 fee associated with H-1B visa petitions, as mandated by a Presidential Proclamation on September 19, 2025.
This fee applies to employers who file H-1B petitions for foreign nationals currently outside the United States. The fee is payable through the US Treasury's website, pay.gov. However, the fee does not apply to H-1B petitions for employees already in the U.S. seeking a change or extension of their H-1B status. Additionally, the fee is not applicable to change of status petitions for F-1 students, H-4 Employment Authorization Card holders, or other nonimmigrants. The fee is triggered when an H-1B worker is unemployed for more than 60 days and must seek a visa abroad. Employers are advised to ensure that prospective H-1B employees are either currently employed or have been unemployed for less than 45 days to avoid the fee.
Why It's Important?
This clarification by USCIS is significant for U.S. employers who rely on foreign talent through the H-1B visa program. The $100,000 fee represents a substantial financial consideration for businesses looking to hire skilled workers from abroad. It may influence hiring decisions and strategies, particularly for companies in industries heavily reliant on international expertise, such as technology and engineering. The fee could deter some employers from pursuing H-1B petitions, potentially impacting the availability of skilled labor in the U.S. market. Additionally, the clarification helps employers navigate the complexities of the H-1B process, ensuring compliance and avoiding unexpected costs.
What's Next?
Employers must carefully plan their hiring processes to accommodate the new fee structure. This includes ensuring that H-1B petitions are filed within the 60-day grace period for unemployed workers and considering the 45-day cutoff for preparing petitions. Companies may need to adjust their recruitment timelines and strategies to mitigate the financial impact of the fee. Additionally, employers should advise H-1B workers to avoid international travel while petitions are pending to prevent the conversion of their petitions to consular processing, which would trigger the fee.
