Understanding the New $100,000 H-1B Fee

On September 19, 2025, President Donald Trump issued a proclamation titled, Restriction on Entry of Certain Nonimmigrant Workers, imposing a $100,000 fee on H-1B petitions filed on or after September 21, 2025.

This proclamation does not apply to individuals who are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B  visas.  Also, CBP has instructed its staff that the Proclamation does not impact H-1B holders who travel.

Several groups have already announced that they intend to challenge the legality of the Proclamation since USCIS filing fees must bear a reasonable relationship to the cost for the agency to provide that service and the agency must also first publish them in the Federal Register.  A federal judge may therefore quickly enjoin the Proclamation, preventing its implementation while the litigation proceeds.

Fisher & Phillips LLP:
Feds to Charge $100K for H-1B Visas: Employer FAQs + Action Plan

SheppardMullin:
What Employers Need to Know About the New H-1B Executive Order

USCIS:
H-1B FAQ