Effective September 21, 2025, President Trump’s proclamation requires a $100,000 one-time payment with any new H-1B petition filed after this date.
Last Friday, President Trump signed an executive order imposing a one-time $100,000 fee on new H-1B visas, effective September 21, 2025. The announcement triggered major concern among global employers and H-1B holders, with companies like Microsoft immediately recalling staff abroad.
Key Official Points
Applies only to new filings:
Includes FY2026 lottery cases and any petitions filed on/after Sept 21, 2025.
Does not apply to petitions filed before Sept 21.
Does not apply to already approved petitions or issued visas.
Nature of the fee:
One-time payment only, not annual.
Does not apply to renewals (extensions).
Travel:
Holders of valid H-1B visas may continue entering and leaving the U.S. without restriction.
Possible Future Reforms
Department of Labor: revise and raise prevailing wage levels to target higher-skilled roles.
Department of Homeland Security: prioritize high-wage, high-skill applicants in the H-1B lottery
FAQs
Q1. Will H-1B petitions filed before Sept 21, 2025, be affected?
👉 No. They remain unaffected.
Q2. Do approved petitions or current visa holders need to pay?
👉 No. The fee applies only to new filings.
Q3. Can current H-1B holders travel in and out of the U.S.?
👉 Yes. Travel is not restricted.
Q4. Will extensions or transfers filed after Sept 21 be subject to the fee?
👉 Unclear. USCIS has not yet issued detailed guidance.
Q5. Are H-4 dependents affected?
👉 No. The rule applies only to H-1B.
Q6. What if I already hold an H-1B but plan to change employers?
👉 Uncertain. It depends on whether transfers are classified as “new petitions.”
Q7. I have an approved petition but have not yet gone for a consular interview. Am I affected?
👉 Approved petitions are safe, but watch for State Department guidance on visa issuance.
Q8. I’m on F-1 and plan to file H-1B in the FY2026 lottery. Will I need to pay?
👉 Yes. New petitions filed after the FY2026 lottery will require the $100,000 fee.
Note:
The policy is still evolving. DHS, USCIS, and CBP are expected to release further details, and legal challenges may follow. Stay tuned for updates.
Have Immigration Questions?
Our federal immigration attorney Seth Finberg handles H-1B, EB-1, EB-2 NIW, O-1, EB-5, E-2, and removal defense cases nationwide.
