Major H-1B Policy Change Announced
A significant announcement was made regarding H-1B visa petitions that has left many employers and foreign workers with urgent questions. A new $100,000 filing fee has been introduced for certain H-1B petitions, and it’s crucial to understand exactly who this affects and who it doesn’t.
Here’s everything we know so far about this developing situation.
Who Must Pay the $100,000 Fee?
The new fee applies specifically to brand-new H-1B petitions only.
If an employer submits a new H-1B petition after September 21st, 2025, they must pay a $100,000 filing fee. This includes beneficiaries of petitions who are outside the United States seeking admission under H-1B status.
Let’s be clear: this is a substantial change that will impact employers considering sponsoring new H-1B workers for the first time.
Who Does NOT Need to Pay This Fee?
There’s good news for many current H-1B holders and those already in the pipeline. The $100,000 fee does NOT affect:
1. Petitions Filed Before September 21st, 2025
If your H-1B petition was filed before the effective date of September 21st, 2025, you are not subject to this new fee. Your petition will continue processing under the previous fee structure.
2. Already-Approved H-1B Petitions
If you already have an approved H-1B petition, this new fee does not apply to you. Your approval remains valid, and you don’t need to pay any additional fees related to this new policy.
3. Currently Valid H-1B Visas
Here’s an important scenario many people are worried about: Let’s say you currently hold a valid H-1B visa and you’re traveling outside the United States—perhaps visiting family in India, or anywhere else abroad. You’re planning to return after September 22nd, and you’re wondering: “Do I need to pay $100,000 to come back?”
The answer is NO.
If you already have a valid H-1B visa, you’re in the clear. The visa has already been granted to you, so this new fee requirement doesn’t apply when you’re returning to the United States with your existing, valid visa.
What About Future H-1B Applicants?
If you’re currently working with an employer who has expressed interest in sponsoring you for an H-1B visa, but they haven’t started your application yet, you need to take action immediately.
For Prospective H-1B Applicants:
Let’s say your employer told you they’re interested in sponsoring you for next year’s H-1B cap season. Perhaps they haven’t started the petition process yet, or they haven’t even begun the Department of Labor portion of your application. With April’s filing season coming up, what should you do?
Contact your employer as soon as possible.
You need to have a candid conversation about:
● Is your sponsorship still on the table? The $100,000 fee is substantial, and employers may need to reconsider their sponsorship plans given this new financial requirement. ● Who will pay the fee? Most likely, the employer would pay this fee on your behalf (as they typically pay H-1B filing fees), but you need confirmation.
● Do you need to do anything additional? Your employer may need additional documentation or have new requirements given this policy change.
● What are the next steps? Get a clear timeline and plan from your employer about how they intend to proceed.
Don’t wait for your employer to reach out to you—be proactive. The sooner you have this conversation, the better you can plan your future.
What About H-1B Transfers?
This is one area where details remain unclear. At this time, we don’t have definitive guidance on whether the $100,000 fee applies to H-1B transfer petitions (when an H-1B holder changes employers).
Based on the current information, it should not apply to transfers, as the language specifically mentions “brand-new H-1B petitions.” However, we’re waiting for official clarification on this point.
If you’re planning an H-1B transfer, stay tuned for additional guidance as more details emerge.
What About Pending Petitions?
If you have a pending H-1B petition right now, the fee should not apply to you. However, realistically, you shouldn’t have a pending petition at this current moment given typical filing timelines.
The key takeaway: if your petition was filed before September 21st, 2025, you’re not subject to this new fee requirement.
Important Context: Limited Information Available
It’s important to understand that this policy was announced via proclamation over the weekend, and many details are still emerging. There have even been some conflicting statements between USCIS and the presidential administration implementing this policy.
As immigration attorneys, we’re monitoring the situation closely and waiting for: ● Official USCIS guidance documents
● Clarification on transfer petitions
● More details about implementation procedures
● Any potential changes or modifications to the policy
What We Know For Certain Right Now
To summarize the confirmed information:
The fee is $100,000 for new H-1B petitions
Effective date: September 21st, 2025
Applies to: Brand-new H-1B petitions filed after the effective date
Does NOT apply to: Petitions filed before 9/21/25, already-approved petitions, or currently valid H-1B visas
Unclear: Whether it applies to H-1B transfers (likely not, but awaiting confirmation)
What You Should Do Now
If You Currently Have an H-1B Visa:
No action needed. You’re not affected by this fee. Continue your work and travel as normal.
If You Have an Approved Petition:
No action needed. Your approval stands, and you don’t owe this fee.
If You’re Expecting H-1B Sponsorship:
Contact your employer immediately to discuss how this affects your case and confirm their intentions.
If You’re an Employer Considering H-1B Sponsorship:
Consult with an immigration attorney about how this fee impacts your hiring plans and budget. Consider whether you want to accelerate any pending sponsorship decisions before the effective date.
Stay Informed
This is a rapidly developing situation, and we expect more guidance and clarification in the coming days and weeks. The immigration landscape can change quickly, and it’s essential to have accurate, up-to-date information when making decisions about your future in the United States.
We’ll continue monitoring all official channels and will provide updates as soon as new information becomes available. In the meantime, if you have specific questions about your H-1B situation, don’t hesitate to consult with an experienced immigration attorney who can evaluate your unique circumstances and provide personalized guidance.
The $100,000 fee is a significant development, but understanding exactly who it affects—and who it doesn’t—is the first step in navigating this new landscape. Stay informed, act proactively, and don’t let uncertainty prevent you from taking the appropriate steps to protect your immigration status.
