H-1B Visa $100,000 Fee: What Employers and Workers Need to Know About the September 2025 Proclamation

Introduction

The H-1B visa landscape changed dramatically on September 19, 2025. President Trump signed a proclamation requiring a $100,000 fee for new H-1B visa petitions. This H-1B visa $100,000 fee takes effect for petitions filed after September 21, 2025. Therefore, employers and foreign workers need clear guidance about this major shift.

Many Houston companies rely on H-1B specialty occupation workers. However, this new H-1B fee creates serious financial challenges. In addition, confusion surrounds who must pay and what petitions are exempt. As a Houston immigration attorney with over 45 years of combined experience, our firm helps clients navigate these complex H-1B visa changes.

Table of Contents

1. Understanding the H-1B Visa $100,000 Fee Proclamation
2. Who Must Pay the H-1B Visa Fee
3. H-1B Visa Exemptions from the $100,000 Fee
4. H-1B Visa Petition Filing Strategies After September 2025
5. Future H-1B Visa Program Changes Beyond the Fee

Understanding the H-1B Visa $100,000 Fee Proclamation

The presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” fundamentally reshapes H-1B visa processing. This H-1B visa $100,000 fee applies to new petitions filed after 12:01 AM Eastern Time on September 21, 2025. The proclamation states that employers must pay $100,000 for each new H-1B specialty occupation worker petition, with the restriction expiring after 12 months unless extended.

The change represents one of the most dramatic modifications to the H-1B skilled worker program in decades Trump Declares $100,000 Fee for H-1B Visas. Previously, H-1B visa costs ranged from $2,000 to $5,000 per petition depending on employer size. Therefore, this new H-1B fee represents a 20-fold to 50-fold increase. Most importantly, this H-1B visa proclamation aims to address alleged program abuse and protect American workers.

The proclamation invokes sections 212(f) and 215(a) of the Immigration and Nationality Act. These provisions grant the President authority to restrict entry of aliens when deemed detrimental to U.S. interests. Consequently, the H-1B visa entry restriction bars foreign nationals from entering unless their employer pays the required fee.

Why the H-1B Visa Fee Was Imposed

The White House cited examples of companies approved for thousands of H-1B workers while simultaneously laying off American employees. For instance, one company received 5,189 H-1B approvals while cutting 16,000 U.S. positions. Similarly, another firm obtained 1,698 H-1B specialty occupation approvals yet eliminated 2,400 Oregon workers.

These H-1B visa patterns raised concerns about program misuse. The administration argues the H-1B program creates disincentives for American students pursuing STEM careers. Therefore, the $100,000 H-1B fee aims to ensure employers only sponsor the highest-skilled foreign workers.

Expert Insight from Giancarlo Vega, Houston Immigration Attorney: “The H-1B visa $100,000 fee proclamation created immediate chaos for Houston employers and foreign workers. However, subsequent agency guidance clarified important exemptions. Most importantly, current H-1B visa holders can continue working and traveling. Nevertheless, employers planning new H-1B petitions must budget significantly higher costs going forward.”

Key Takeaway: The H-1B visa $100,000 fee applies only to new petitions filed after September 21, 2025, for workers currently outside the United States.

Who Must Pay the H-1B Visa Fee

Understanding who pays the H-1B visa $100,000 fee requires careful analysis of proclamation language and agency guidance. USCIS confirmed the fee applies to new H-1B visa petitions submitted after the effective date, including the 2026 lottery and any other new H-1B petitions. However, the exact scope remains somewhat unclear in certain scenarios.

H-1B Visa Petitions Requiring the $100,000 Fee

The H-1B fee definitely applies to these situations:

New H-1B Cap-Subject Petitions: Employers filing H-1B lottery petitions for the FY 2027 cap must include the $100,000 payment. This H-1B visa lottery begins in March 2026 for October 2026 start dates. Therefore, any cap-subject petition filed after September 21, 2025 requires the fee.

Cap-Exempt H-1B Petitions for Foreign Nationals Abroad: Agency guidance indicates the fee applies to new H-1B petitions filed on behalf of foreign nationals currently outside the United States. For example, universities and research institutions filing cap-exempt H-1B petitions for professors overseas must pay the fee.

Initial H-1B Employment: When a foreign worker has never held H-1B status before, their first petition requires the $100,000 fee if filed after the proclamation date. This H-1B visa requirement applies regardless of whether they’re abroad or in the U.S. on another status.

H-1B Visa Processing After Fee Payment

Employers must obtain and retain documentation showing payment was made before filing the H-1B petition. Subsequently, the Department of State verifies payment receipt during visa processing. In addition, both DHS and DOS coordinate to deny entry to any H-1B nonimmigrant whose employer hasn’t paid.

However, USCIS hasn’t yet published detailed instructions about payment mechanics. Questions remain about payment methods, documentation requirements, and verification procedures. Therefore, employers should monitor USCIS announcements for implementation details.

Houston Employers’ H-1B Visa Obligations

Houston companies must prepare for these H-1B fee financial implications:

First, budget an additional $100,000 per new H-1B petition for foreign workers. Second, secure leadership approval for this significant cost increase. Third, evaluate whether H-1B sponsorship remains economically viable for certain positions. Fourth, explore alternative visa categories with lower costs.

Many Houston technology companies, healthcare institutions, and engineering firms rely heavily on H-1B specialty occupation workers. Therefore, this H-1B visa fee could fundamentally alter hiring strategies for foreign nationals.

Pro Tip: Start internal H-1B visa cost-benefit analyses immediately to determine which positions justify the $100,000 fee investment.

H-1B Visa Exemptions from the $100,000 Fee

Several important H-1B visa exemptions exist from the $100,000 fee requirement. Understanding these exemptions helps employers and workers determine their obligations under the proclamation.

H-1B Visa Petitions Filed Before September 21, 2025

The proclamation only applies prospectively to petitions not yet filed and does not affect petitions filed before the effective date, currently approved petitions, or validly issued H-1B visas. Therefore, several categories receive automatic exemption.

Pending H-1B Petitions: Any H-1B petition submitted to USCIS before September 21, 2025 at 12:01 AM Eastern Time is exempt. These H-1B visa cases proceed under previous fee structures. Subsequently, USCIS continues processing these petitions normally.

Approved H-1B Petitions: Foreign workers with approved H-1B petitions filed before the deadline don’t need to pay. The State Department clarified that visa issuance restrictions apply only to petitions filed after the proclamation’s effective date. Consequently, workers can obtain visa stamps at consulates without the additional fee.

Valid H-1B Visas: Current H-1B visa holders with valid, unexpired visa stamps in their passports are not impacted and can travel freely in and out of the United States. This H-1B visa travel exemption provides critical relief for thousands of workers.

H-1B Visa Extensions and Renewals

The proclamation does not change payments or fees required for H-1B renewals, as the fee is one-time for new petition submission. However, ambiguity exists about what constitutes a “renewal” versus a “new petition.”

Same-Employer H-1B Extensions: When an H-1B worker extends status with their current employer, most attorneys interpret this as exempt from the $100,000 fee. These H-1B extension petitions maintain existing employment relationships. Therefore, they shouldn’t trigger the new fee requirement.

H-1B Amendment Petitions: Material changes to existing H-1B petitions typically require amendments. For instance, salary increases, position title changes, or worksite modifications need amended petitions. Currently, guidance doesn’t explicitly address whether H-1B amendments require the fee.

H-1B Visa Change of Employer Petitions – Gray Area

The biggest uncertainty involves H-1B change of employer petitions. Immigration attorneys debate whether change of employer applications filed after September 21, 2025 require the $100,000 fee. This H-1B visa scenario affects thousands of workers annually.

Arguments for Fee Requirement: USCIS uses the same Form I-129 for both initial petitions and transfers. Therefore, technically these are “new petitions” even though the worker already holds H-1B status. In addition, change of employer petitions create new employment relationships.

Arguments Against Fee Requirement: Some attorneys argue transfers shouldn’t be covered because USCIS guidance mentions exemptions for “renewals” without defining the term. Moreover, the worker already underwent H-1B adjudication previously. Most importantly, denying transfers could strand workers with their current employers.

Conservative Approach: Until USCIS provides definitive guidance, employers should assume H-1B change of employer petitions require the $100,000 fee. This conservative interpretation protects against petition denials. Subsequently, if clarification excludes transfers, employers can adjust strategies.

H-1B Change of Status Applications

Another gray area involves H-1B change of status petitions for workers already in the United States. For example, F-1 students on OPT seeking to change to H-1B status represent a common scenario. The most conservative interpretation suggests these change of status applications may require the fee unless they qualify as renewals.

However, CBP guidance states the proclamation applies to new H-1B petitions for aliens outside the United States. Therefore, change of status applications for people already in the U.S. might be exempt. Nevertheless, employers should prepare for potential fee requirements until official clarification arrives.

Common Mistake to Avoid: Don’t assume H-1B change of employer or change of status petitions are automatically exempt from the $100,000 fee without consulting immigration counsel.

H-1B Visa Petition Filing Strategies After September 2025

Houston employers and foreign workers must adapt H-1B visa strategies to this new fee environment. Smart planning can minimize costs while maintaining compliance.

Prioritize In-Country H-1B Transfers

Where possible, keeping H-1B transfers and changes within the United States provides advantages. For instance, if your prospective hire currently holds H-1B status with another employer, file the transfer petition immediately. Similarly, F-1 students on OPT already in the U.S. offer potential cost savings compared to hiring from abroad.

Timing Considerations for H-1B Petitions: File change of employer petitions for in-country workers before they travel internationally. Therefore, the approved petition predates any potential travel complications. Subsequently, they can travel with valid H-1B status from the new employer.

F-1 to H-1B Change of Status: Many Houston universities produce talented international graduates. These F-1 students represent prime H-1B candidates because they’re already in the United States. Consequently, change of status petitions might avoid the $100,000 fee depending on final agency guidance.

Evaluate H-1B Visa Alternatives

The H-1B visa $100,000 fee makes alternative visa categories more attractive. Employers should consider these options:

O-1 Visa for Extraordinary Ability: Workers with exceptional ability in sciences, arts, business, education, or athletics qualify for O-1 visas. These visas cost significantly less than H-1B petitions with the new fee. Moreover, O-1 visas have no annual cap limits.

L-1 Intracompany Transfer: Companies with foreign offices can transfer employees to U.S. operations via L-1 visas. These L-1 transfers avoid H-1B costs entirely. However, workers must have one year of employment with the foreign entity.

TN Status for Canadian and Mexican Nationals: USMCA professionals from Canada and Mexico can work in specialty occupations under TN status. This option provides immediate work authorization at minimal cost. Therefore, Houston employers near the Mexican border should prioritize TN-eligible candidates.

Employment-Based Green Cards: Immigration experts suggest the EB-1A green card as a stable alternative to unpredictable H-1B visas Trump Declares $100,000 Fee for H-1B Visas. While processing takes longer, green cards provide permanent solutions. In addition, certain priority workers can self-petition without employer sponsorship.

Strategic H-1B Visa Petition Timing

Timing H-1B visa filings strategically can optimize outcomes:

Pre-Travel H-1B Approvals: Ensure workers have approved H-1B petitions before international travel. This prevents complications at ports of entry. Subsequently, they can travel freely with valid status.

Extend Before Traveling: If an employee needs international travel soon, file their H-1B extension petition immediately. Therefore, they have approved status before departing. Consequently, they avoid any ambiguity about fee requirements for post-September 2025 petitions.

Evaluate Business Necessity: Not every position justifies $100,000 in H-1B fees. Therefore, conduct thorough cost-benefit analyses. Consider factors like salary level, skill scarcity, and position criticality. Subsequently, allocate limited H-1B resources to highest-priority hires.

National Interest Exception Strategy

The Secretary of Homeland Security can waive the H-1B fee requirement if hiring serves the national interest and poses no security threat. However, DHS hasn’t issued guidance about national interest determinations. Therefore, the application process remains unclear.

Potential national interest scenarios might include:

Critical Healthcare Workers: Physicians and researchers addressing public health crises could qualify. For instance, specialists working on infectious disease research might receive national interest exemptions.

Advanced Research Scientists: Scientists conducting cutting-edge research in national security fields may qualify. Similarly, researchers working on critical technology development could receive exemptions.

Specialized Defense Contractors: Workers providing unique expertise to defense or security projects might qualify. These H-1B specialty occupation workers directly serve national security interests.

Houston employers should document how their H-1B positions serve national interests. Subsequently, when DHS publishes guidance, they’ll be prepared to apply for exemptions.

What This Means for You: Develop comprehensive H-1B visa strategies that consider all available visa categories and minimize exposure to the $100,000 fee.

Future H-1B Visa Program Changes Beyond the Fee

The H-1B visa $100,000 fee represents just the beginning of program reforms. Additional changes are coming that will further transform H-1B specialty occupation worker hiring.

H-1B Wage Level Increases Coming

The Department of Labor will initiate rulemaking to revise prevailing wage levels upward, ensuring the H-1B program employs only highly skilled workers. These H-1B wage increases aim to prevent undercutting American worker salaries. Therefore, employers should anticipate significantly higher salary requirements for H-1B positions.

Current H-1B prevailing wages follow four levels based on experience and education. However, critics argue these levels enable employers to hire H-1B workers at below-market rates. Consequently, new regulations will likely raise wage floors substantially.

Impact on Houston Employers: Houston companies must prepare for higher H-1B employee salaries. Many specialty occupation positions currently pay Level 1 or Level 2 wages. Subsequently, wage increases could make H-1B hiring prohibitively expensive for entry-level positions.

H-1B Lottery System Overhaul

DHS will initiate rulemaking to prioritize high-skilled, high-paid aliens in the H-1B lottery over lower wage levels. This wage-weighted H-1B lottery fundamentally changes selection methodology. If finalized on schedule, the new system would apply to the March 2026 FY 2027 lottery.

Currently, the H-1B lottery selects registrations randomly regardless of salary. However, the proposed system prioritizes higher-wage positions. Therefore, employers offering premium salaries receive better lottery odds. Consequently, entry-level H-1B positions face reduced selection probability.

Implications for H-1B Strategy: Houston employers should evaluate whether to increase offered salaries to improve lottery selection chances. Higher wages might offset some lottery risk. However, combined with the $100,000 fee, total H-1B costs could become unsustainable for many positions.

B Visa Restrictions for H-1B Beneficiaries

The Secretary of State must issue guidance preventing B visa misuse by H-1B beneficiaries with employment start dates before October 1, 2026. This provision addresses common scenarios where approved H-1B workers enter on B-1 business visitor visas before their H-1B effective date.

Many foreign workers with approved H-1B petitions enter the U.S. on B-1/B-2 visas to complete onboarding or training. Subsequently, they begin H-1B employment on October 1st. However, new restrictions may prohibit this practice. Therefore, workers might need to remain abroad until their H-1B start date.

Alternative Solutions: Employers might need to delay start dates, conduct remote onboarding, or explore other visa categories for pre-employment activities. Consequently, hiring timelines for H-1B specialty occupation workers will lengthen.

Increased H-1B Visa Audit Activity

The Department of Labor has been tasked with auditing companies using the H-1B program and increasing wage rates. Therefore, employers should anticipate more frequent site visits and document requests. Consequently, maintaining meticulous H-1B compliance files becomes even more critical.

DOL audits examine whether H-1B workers receive required wages and benefits. In addition, auditors verify workers perform specialty occupation duties as described in petitions. Therefore, any discrepancies between petition descriptions and actual employment can trigger violations.

Compliance Best Practices: Houston employers should implement robust H-1B tracking systems. Document all H-1B employee work assignments, salary payments, and benefits. Subsequently, if DOL audits occur, comprehensive records demonstrate compliance.

Potential Legal Challenges to H-1B Fee

The proclamation likely will face court challenges as conflicting with immigration law regarding entry restrictions and fee authority. Several legal arguments challenge the H-1B visa $100,000 fee’s validity.

Statutory Fee Authority: Immigration law specifies which fees USCIS can charge and the amounts. Critics argue the President lacks authority to impose a $100,000 fee outside statutory frameworks. Therefore, courts might find the fee exceeds executive authority.

Entry Ban Authority: While section 212(f) grants broad entry restriction powers, previous court decisions limited this authority. A surge of emergency lawsuits seeking nationwide injunctions to stop implementation is expected. Therefore, the H-1B proclamation’s ultimate fate depends on judicial review.

Houston employers should monitor litigation developments closely. If courts enjoin the proclamation, the H-1B visa $100,000 fee might be suspended or eliminated. However, planning should assume the fee remains effective until courts rule otherwise.

Conclusion & Next Steps

The H-1B visa $100,000 fee proclamation creates unprecedented challenges for Houston employers and foreign workers. This new H-1B fee requirement applies to new petitions filed after September 21, 2025, fundamentally changing specialty occupation worker hiring economics. However, important exemptions exist for petitions filed before the deadline, approved petitions, and valid H-1B visa holders.

Houston companies must adapt their H-1B visa strategies immediately. First, evaluate which positions justify the substantial fee investment. Second, explore alternative visa categories like O-1, L-1, and TN status. Third, prioritize in-country H-1B transfers to potentially avoid fees. Fourth, prepare for additional H-1B program changes including higher prevailing wages and lottery reforms.

Most importantly, don’t navigate these complex H-1B visa changes alone. Immigration law continues evolving rapidly, with new guidance emerging regularly. Therefore, working with experienced immigration attorneys ensures compliance while optimizing outcomes. Subsequently, your business can maintain access to critical foreign talent despite increased costs.

Get Expert H-1B Visa Guidance from Our Houston Immigration Law Firm

At Vega & Associates, our Houston immigration attorneys have over 45 years of combined experience helping employers and workers navigate H-1B visa complexities. We provide strategic guidance on the H-1B visa $100,000 fee proclamation, alternative visa options, and compliance requirements. Our boutique immigration law firm delivers personalized service tailored to your unique situation.

Contact Vega & Associates today for a consultation about your H-1B visa needs. Our Texas board-certified immigration attorneys stay current on all H-1B proclamation developments. We’ll develop comprehensive strategies to minimize costs while maintaining your foreign workforce. Don’t let the H-1B fee derail your hiring plans—call us at (713) 527-9606 to schedule your consultation.

Frequently Asked Questions

Does the H-1B visa $100,000 fee apply to my current H-1B status?

No, the fee doesn’t affect current H-1B visa holders. If you already have a valid H-1B visa stamp, you can travel freely without paying the additional fee. In addition, approved H-1B petitions filed before September 21, 2025 remain valid without extra payments. However, new H-1B petitions filed after that date require the $100,000 fee.

Can I transfer my H-1B visa to a new employer without paying the $100,000 fee?

This remains uncertain. Immigration attorneys debate whether H-1B change of employer petitions filed after September 21, 2025 require the fee. Therefore, the conservative approach assumes transfers do require payment until official guidance clarifies otherwise. Subsequently, consult an immigration attorney before filing any H-1B transfer petition.

What happens to my approved H-1B petition filed before the September 21, 2025 deadline?

Your approved petition remains valid. The State Department confirmed that visa issuance restrictions apply only to petitions filed after the effective date State. Therefore, you can proceed with visa stamping and entry without the $100,000 fee. Most importantly, this applies even if you obtain your visa stamp after the deadline.

Does the H-1B visa fee apply to extensions with my current employer?

No, the fee doesn’t change payments required for H-1B renewals, as it’s a one-time fee for new petitions. Therefore, extending your H-1B status with the same employer shouldn’t trigger the $100,000 requirement. However, material changes requiring amended petitions might create ambiguity. Consequently, consult immigration counsel about your specific situation.

When should I contact a Houston immigration attorney about the H-1B visa proclamation?

Contact an attorney immediately if you’re an employer planning new H-1B petitions, a foreign worker considering H-1B employment, or a current H-1B holder with travel plans. In addition, seek legal guidance for change of employer situations, cap-exempt petition questions, or national interest exception possibilities. Professional immigration counsel ensures you navigate these complex H-1B visa changes correctly while minimizing risks.

Step-by-Step Process for Filing H-1B Visa Petitions After the Fee Proclamation

How to Navigate the New H-1B Visa Requirements:

1. Determine whether your H-1B petition requires the $100,000 fee based on filing date and worker location.
2. Evaluate alternative visa categories like O-1, L-1, or TN status before committing to H-1B fees.
3. Secure leadership approval for the $100,000 H-1B fee investment plus increased prevailing wage requirements.
4. Monitor USCIS announcements for payment mechanics and documentation requirements before filing your H-1B petition.
5. Gather all required H-1B petition documents including Labor Condition Application and specialty occupation evidence.
6. Prepare payment documentation showing the $100,000 fee was remitted according to USCIS instructions.
7. Submit your complete H-1B petition package with all fees and supporting evidence to USCIS.
8. Track your H-1B petition through USCIS processing and respond promptly to any evidence requests.
9. Coordinate consular visa processing after H-1B petition approval if your beneficiary is abroad.
10. Ensure proper H-1B compliance documentation for future DOL audits and program integrity reviews.

Quick Reference: What Is the H-1B Visa $100,000 Fee?

The H-1B visa $100,000 fee is a new requirement imposed by presidential proclamation on September 19, 2025. This H-1B fee applies to new specialty occupation worker petitions filed after September 21, 2025, for foreign nationals currently outside the United States. Employers must pay this one-time $100,000 payment per H-1B petition in addition to standard USCIS filing fees. The H-1B visa fee aims to address program abuse and ensure only highly skilled workers receive sponsorship. This fee requirement expires after 12 months unless extended by the administration.

Additional Resources for Houston Employers and H-1B Workers

Related H-1B Visa Services/Topics:

• Houston Employment-Based Immigration Services – Comprehensive H-1B visa petition preparation and filing assistance
• Business Immigration Solutions for Houston Companies – Strategic workforce planning with H-1B alternatives and compliance guidance
• O-1 Visa for Extraordinary Ability Workers – Alternative specialty occupation visa option without annual caps
• L-1 Intracompany Transfer Visas – Cost-effective option for companies with foreign operations
• PERM Labor Certification and Green Cards – Long-term immigration solutions beyond temporary H-1B status