Trump Administration Unveils $100,000 H-1B Visa Fee, with Exemptions for Certain Petitions

Strategic Insights -

The Trump administration announced a $100,000 fee requirement for new H-1B visa petitions, using a presidential proclamation as the formal mechanism for the fee announcement, on September 19, 2025. The H-1B program, a key visa category for skilled foreign professionals, was targeted as part of an effort to protect U.S. workers and prevent abuse of the system. H-1B visas are for specialty occupations, established under the Immigration and Nationality Act. On October 20, 2025, USCIS issued additional guidance, confirming who must pay the $100K fee and who is exempt. This update provided relief for certain applicants, excluding in-country visa holders changing to H-1B status and H-1B workers extending or changing employment in the U.S. from the new fee. Petitions filed before September 21, 2025, also remain exempt.

Key Takeaways:

  • In-country visa holders changing to H-1B status, such as F-1 students or L-1 intracompany transferees, do not have to pay the $100,000 fee.
  • H-1B workers extending or changing employment in the U.S. do not incur the $100K fee, as long as the petition is approved by USCIS.
  • Petitions filed before September 21, 2025, are safe from the fee.
  • USCIS has set up an online portal for employers to pay the fee and mandates that proof of payment be submitted with the petition.
  • Failing to include the fee or evidence of a qualified exemption will result in the petition being denied.
  • The policy allows for case-by-case exceptions to the fee, but these are extremely rare and require approval from the Department of Homeland Security.
  • The $100K fee applies only to new H-1B sponsorships for workers abroad, not to petitions for workers already in the U.S. who are exempt.

Statistics:

  • The $100,000 fee applies to new H-1B sponsorships for workers abroad.
  • Petitions filed before September 21, 2025, are exempt from the fee.
  • USCIS has clarified that current H-1B visa holders will not be charged the fee if they travel abroad and re-enter on their valid H-1B visa or an approved petition.
  • The Department of Homeland Security will issue a final decision on each exception request.
  • The USCIS guidance has provided relief for certain applicants, exempting in-country visa holders changing to H-1B status and H-1B workers extending or changing employment in the U.S. from the new fee.

Sources:

  • Trump Administration Unveils $100,000 H-1B Visa Fee (Mondaq, 2025)
  • USCIS Issues Additional Guidance on $100,000 H-1B Fee (Mondaq, 2025)
  • USCIS Policy Manual (USCIS, 2025)