H-1B $100,000 Fee: What Employers and Workers Need to Know

 In Szew Law Group Blog

If you’ve been following immigration news, you’ve probably heard about the new H-1B $100,000 fee. On September 19, 2025, the President issued a Proclamation that will require employers to pay this huge amount for new H-1B petitions. This change has big implications for companies and foreign workers alike, so let’s break down what it means for you.

What Happened?

As of September 21, 2025, the U.S. government is requiring a $100,000 fee for all new H-1B petitions. Without this payment, petitions won’t move forward, and affected workers won’t be admitted into the U.S. For right now the Proclamation is set to last 12 months, but it could be extended.

Who’s Affected by the H-1B $100,000 Fee?

  • First-time H-1B petitions filed on or after Sept. 21, 2025, when the worker is outside the U.S.
  • ✈️ Individuals applying for a visitor visa who already have an approved H-1B petition.

Who’s NOT Affected?

  • ✅ Anyone whose H-1B petition was filed before Sept. 21, 2025.
  • ✅ Workers who already hold a valid H-1B visa (you can still travel in and out of the U.S.).
  • ✅ Extensions, amendments, or changes of employer petitions for those already in H-1B status inside the U.S.

The Fine Print on the H-1B $100,000 Fee

  • A $100,000 payment must be included with each new petition.
  • Proof of payment will be required at the consulate and/or port of entry. No proof = no visa or admission.

Any Exceptions?

The Proclamation allows for exceptions in the national interest, which could cover:

  • Specific individuals,
  • Certain companies, or
  • Entire industries.

But here’s the catch: the government hasn’t told us how these exceptions will be decided or how to apply for one. More guidance is expected in the coming weeks.

What Should You Do Now?

  • Do not make international travel plans without speaking to an attorney.
  • Do not file a new H-1B petition until you’ve discussed how this might affect your case.
  • CONTACT US today before taking any next steps.

Final Thoughts

I know this is a frustrating and confusing time especially for employers planning to hire talent from abroad and workers waiting for their H-1B approval. The language of the Proclamation is broad, and the government’s guidance so far has been less than crystal clear. The truth is, we’re in uncharted territory, but I’ll continue to monitor updates and share practical advice as new information emerges.

Remember: every case is different, so please check in with me before making any decisions that could affect your status.