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

On September 19, 2025, the Trump Administration issued a proclamation that has already reshaped the H-1B visa landscape. The order requires U.S. employers to pay a staggering $100,000 supplemental fee for certain H-1B petitions, and it took effect at 12:01 a.m. on September 21. The announcement generated fear and confusion almost immediately, with questions pouring in from employers and foreign workers alike. Could people already in the United States be affected? Would pending cases be thrown into uncertainty? And how would such an enormous fee even be collected?

Since then, government officials have provided clarifications, though many questions remain. At Lehigh Valley Immigration Lawyers, our goal is to explain what we know now in clear terms so businesses, workers, and families can make informed decisions.

The first key point is that the fee does not apply retroactively. Employers and workers with H-1B petitions filed before September 21 are not subject to the new rule. Likewise, individuals who already hold H-1B visas are not impacted. This clarification is important because it means thousands of people who were already in the system do not suddenly face new costs or barriers. For many families and companies, this confirmation provided a measure of relief after a weekend of uncertainty.

Another critical clarification is that H-1B extensions with the same employer are exempt. If you are currently employed in H-1B status and your company files to extend that same employment, the fee does not apply. This is consistent with how the H-1B program has historically treated extensions and provides some stability for workers who are already part of the U.S. workforce. However, questions remain about how the government will treat changes of employer or amendments to employment terms. If a worker accepts a new job with a different company after September 21, it is not yet clear whether that filing will be treated as a “new” petition requiring the fee.

The proclamation’s language focuses on individuals outside the United States. By its terms, the $100,000 fee applies when an employer is trying to bring a worker from abroad. But the scope is not as straightforward as it sounds. What happens if someone is in the United States in another status—such as F-1 student or L-1 intracompany transferee—and files a change of status to H-1B after September 21? Some immigration attorneys believe those cases are exempt, since the individual is already in the country, but the government has not given definitive guidance. The same uncertainty applies to travel: a worker who is already in H-1B status may be safe so long as they remain in the United States, but if they travel abroad to renew a visa stamp, could the $100,000 fee suddenly apply upon reentry? These unanswered questions make planning especially difficult.

Adding to the confusion is the fact that there is currently no process for paying the fee. As of late September, employers are still submitting petitions as usual and receiving receipts from U.S. Citizenship and Immigration Services (USCIS). No extra payment is being requested. This suggests that the government has not yet built a mechanism for collecting the money. Whether the fee will be required before USCIS adjudication, before a visa interview abroad, or at some later stage is still unknown. Employers should be prepared for sudden changes as payment procedures are rolled out.

The proclamation also allows for “national interest exceptions.” The Department of Homeland Security has the authority to waive the fee if employing a particular foreign national is deemed essential to the U.S. national interest. Although the criteria have not been finalized, early indications are that healthcare professionals, certain researchers, and individuals working in critical infrastructure may qualify. Employers should begin gathering documentation now to show why a worker’s role is vital. Strong evidence of economic importance, specialized expertise, or contributions to public health and safety could make the difference in securing an exemption.

For employers, the financial stakes are enormous. A $100,000 surcharge is out of reach for many small businesses and startups. Even large corporations must now consider whether sponsoring international talent is worth the added cost. As a result, many employers are expected to change their hiring strategies. We anticipate that U.S. graduates already here on F-1 student visas or other statuses may become much more attractive, as sponsoring them through a change of status may avoid the new fee. Meanwhile, recruiting directly from overseas may slow dramatically, potentially forcing companies to move projects abroad or leave key positions unfilled.

For foreign workers and their families, the impact is just as significant. Job offers may be withdrawn, and long-awaited opportunities may suddenly vanish. Families hoping to reunite in the United States may face painful delays or cancellations. Even those already in the country will have to think carefully about international travel, as the risk of triggering the new fee upon return remains unresolved. The sense of uncertainty and instability adds stress for individuals who are simply trying to build their careers and lives here.

What should you do now? Employers should immediately review their pending and planned H-1B cases to determine which are affected. Non-urgent overseas filings may be better delayed until the rules become clearer. Workers should discuss travel plans with their attorneys before leaving the United States, as the consequences of reentry are not yet certain. Both employers and employees should explore alternative visa categories—such as O-1 visas for individuals of extraordinary ability, L-1 visas for intracompany transfers, or family-based immigration paths—that might avoid the new fee altogether.

It is also important to recognize that legal challenges are coming. Many experts believe the courts will be asked to review whether the President has authority to impose such a massive fee without congressional approval. Others will argue that the policy violates administrative law because it was issued without notice or comment. If a court issues an injunction, the fee could be suspended or altered. But until that happens, the proclamation remains in effect.

At Lehigh Valley Immigration Law LLC, we know how disruptive sudden policy changes can be. We are committed to helping employers, workers, and families navigate these uncertain times. While much remains unsettled, we can say with confidence that existing H-1B visa holders and petitions filed before September 21 are not affected. For everyone else, careful planning, prompt legal advice, and ongoing attention will be essential.

If you believe this new rule could affect you, please reach out to our office. Together, we can evaluate your options, protect your interests, and prepare for whatever comes next.