Practically speaking, this fee only applies to employers who use an H-1B visa petition to bring a foreign national to the United States. Current employers of H-1 workers who wish to continue to employ this worker need not worry about this fee, and can instead file an extension of status petition.
The rule is another crucial step to strengthen the integrity of the H-1B nonimmigrant visa program. It is in line with other key changes the administration has made, such as the Presidential Proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility.
Universities and certain nonprofit organizations are exempt from the H-1B lottery requirements.
Employers will now be required to pay a one-time $100,000 fee per new petition. Previously, it cost employers between $2,000 to $5,000 per petition, depending on the size of the employer.
Fee payment or exception required if the noncitizen on whose behalf the H-1B petition was filed (the beneficiary) is outside the United States and does not have a valid H-1B visa.
The $100,000 USCIS fee applies to certain new H-1B petitions filed on or after September 21, 2025, primarily for foreign nationals outside the U.S. who don't have a valid H-1B visa and aren't eligible for a change of status, or for those needing consular processing after filing. It excludes most existing H-1B holders, renewals, extensions, and in-country change of status/employer filings, though it can apply if such requests are later denied or the individual leaves the U.S. before approval, with limited exceptions for national interest.
Importantly, the rule specifies that employers - not the visa applicants - are responsible for covering this cost. The fee applies primarily to: Workers currently outside the U.S., or. Those who must leave the country before their petition is processed.
H-1B Visa Fee Hike 2025: Donald Trump, President of United States increased the H-1B visa fees to over Rs. 88 lakhs (1 lakh dollar) to curb the immigration in the country. The move is aimed to ensure only "highly skilled" workers are brought in to the country.
USCIS has now clarified that in cases where the fee applies, the $100,000 payment must be made before filing the H-1B petition through Pay.gov, and proof of payment must be included with the petition.
Trump, who are challenging the Trump Administration's unlawful policy imposing a $100,000 fee on new H-1B visa petitions.
An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: Receives $60,000 annual wages; or. Has attained a master's or higher degree (or its equivalent) in a specialty related to the intended H-1B employment.
Consulting & Professional Services companies that sponsor H-1B visas. Firms like Deloitte, Accenture, PwC, and EY are high-volume sponsors, particularly for analysts and consultants.
Shift to a Wage‑Weighted Selection Process
The U.S. Department of Homeland Security will adopt a new selection system this year that gives candidates multiple entries in the lottery based on the wage level that corresponds to the offered salary under the U.S. Department of Labor's four‑tier structure.
A federal judge on Tuesday (December 23, 2025) rejected a challenge by the largest U.S. business lobby group to U.S. President Donald Trump's $100,000 fee on new H-1B visas for highly skilled foreign workers, saying it fell under his broad powers to regulate immigration. Is the American Dream dead for Indians?
The Three-For-One Rule
When making a determination whether a foreign national possesses the required academic credentials necessary for an H-1B occupation, the USCIS will consider three years of specialized training and/or work experience to be the equivalent of one year of college education.
The $100,000 H-1B visa fee applies to U.S. employers filing new petitions on or after September 21, 2025, for foreign workers outside the U.S. who need to obtain an H-1B visa through consular processing or at a port of entry, but it doesn't apply to most petitions for workers already in the U.S. for status changes, extensions, or employer changes, nor to previously approved H-1B visas, with rare national interest exceptions possible for specific critical workers.
Sponsoring a U.S. work visa (like an H-1B) costs a company several hundred to several thousands of dollars in mandatory government fees, including filing fees (around $460+), ACWIA fees ($750-$1,500), and Fraud Prevention fees ($500), plus potential extra fees for large employers ($4,000+) and optional premium processing ($2,805). Costs vary significantly by visa type (H-1B, L-1, O-1, Green Card) and company size, with attorney fees adding substantial expense, though employers must cover certain mandatory labor certification costs.
Exceptions to the $100,000 fee can be granted by the DHS Secretary if “a particular alien worker's presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United ...
On October 21, 2025, US Citizenship and Immigration Services (“USCIS”) released additional information regarding the $100,000 H-1B fee mandated by Presidential Proclamation dated September 19, 2025. The easiest way to think of this fee is as a tariff on the importation of labor.
The US's controversial new $100,000 H1-B visa fee will not apply to international students and other visa holders changing status in the country, the government has clarified. F-1 students moving into H-1B employment will not have to pay the $100K fee – currently being challenged in the courts on multiple fronts.
Myth 1: It's an annual fee for six years
Fact: It's a one-time USD $100,000 fee per new petition — not a recurring yearly charge. Employers will pay this once when submitting a new H-1B petition.
Attorney General Nick Brown on Friday joined a coalition of 20 states in suing the Trump administration over its unlawful policy imposing a $100,000 fee on new H-1B visa petitions.
Legal/Migration Professional Fees Related to Sponsorship or Nomination. Employers must pay all professional service fees associated with sponsorship and nomination applications and cannot seek reimbursement from the visa holder.
The presidential proclamation increased fees for new H1-B visa applications, which allow foreign doctors, advanced practice providers such as nurse practitioners and physician assistants, dentists, and other healthcare workers to work at U.S. healthcare facilities—from an average of $3,500 to a fee of $100,000.