The $100,000 H-1B Fee: What Has Changed Since September 2025

On September 19, 2025, the White House issued a presidential proclamation titled Restriction on Entry of Certain Nonimmigrant Workers, introducing one of the most significant changes to the H-1B program in decades: a $100,000 entry fee on new H-1B workers coming from abroad. The measure took effect at 12:01 a.m. EDT on Sunday, September 21, 2025, with an initial validity of 12 months and the possibility of extension.

Seven months later, in mid-2026, the rule remains in effect as legal challenges advance in federal courts. This article details the scope of the proclamation, clarifies who is affected and who falls outside the reach of the new fee, and explains the current state of the litigation surrounding the measure.

Scope of the Proclamation

The presidential proclamation is grounded in Section 212(f) of the Immigration and Nationality Act (INA), which grants the President broad authority to restrict the entry of foreign nationals deemed harmful to U.S. interests. The presidential act directs USCIS not to adjudicate H-1B petitions for workers abroad unless accompanied by proof of payment of the $100,000 fee.

The mechanics of the rule require the petitioning employer to disburse the fee directly before the worker is able to enter the United States in H-1B status. The proclamation does not replace existing traditional fees — such as the $215 lottery registration fee and the $780 I-129 petition filing fee — which continue to apply in addition to the new charge.

Who Is Subject to the Fee

The proclamation is surgical in its application. Only new H-1B workers who need to enter the United States from abroad are subject to the fee. In other words, the requirement applies to beneficiaries who have not yet entered H-1B status and who depend on consular admission to begin employment.

Professionals who already hold a valid H-1B visa and are physically present in the United States were not affected by the proclamation. Those workers’ ability to travel internationally and return remains intact, provided they maintain valid status and proper consular documentation.

What Was NOT Affected

• Renewals and extensions of existing H-1B visas are not subject to the new fee.
• Petitions for status extension, amendments, and employer changes filed on behalf of workers who remain in lawful H-1B status inside the United States were not affected.
• H-1B workers already present in the United States may travel and return without paying the $100,000 fee.

This regulatory design means, in practice, that the impact of the proclamation is concentrated on new international hires, leaving the existing base of H-1B professionals already established in the country intact.

Possible Exceptions and National Interest Criteria

The proclamation provides that the Department of Homeland Security (DHS) may grant limited exceptions for individuals, companies, or sectors when entry is deemed in the national interest and does not pose a threat to the security or welfare of the United States. The text does not specify particular criteria, leaving the determination to DHS’s discretionary judgment.

Strategic sectors such as healthcare, defense, advanced research, and critical technologies have been identified as natural candidates for this type of waiver, although each case continues to be evaluated individually. Companies seeking to apply for an exception should thoroughly document the national interest nature of the hire.

Coordination with DOS and DOL

The Department of State (DOS) and the Department of Labor (DOL) received a presidential mandate to issue supplementary guidance and initiate rulemaking processes. Among the expected measures are a review of prevailing wage levels and the prioritization of admissions for professionals with higher salaries and greater qualifications.

This interagency coordination signals a structural reorientation of the H-1B program aimed at reducing the number of petitions at lower wage levels (Wage Levels 1 and 2) and favoring hires classified at Levels 3 and 4. Companies that rely primarily on lower wage levels should revisit their sponsorship strategies.

Ongoing Legal Challenges

The proclamation was immediately challenged in federal courts. The lawsuits focus on three main points: (1) whether the measure’s scope exceeds presidential statutory authority under INA §212(f), (2) the economic consequences of imposing $100,000 on employers and workers, and (3) a potential conflict with congressional intent in establishing the H-1B program.

In a decision reported by the American Immigration Lawyers Association (AILA), a federal district court ruled in favor of DHS in an action challenging the fee, keeping the measure in effect while the merits proceed on appeal. Other parallel litigations continue in different federal circuits, and a final resolution may require rulings from higher courts.

Despite pending challenges, the proclamation remains legally enforceable until a federal court issues an injunction suspending its application. Employers and workers should not delay decisions based on the expectation that the measure will be struck down.

Practical Guidance for Employers

Companies that rely on the H-1B program need to urgently review their international hiring processes. It is advisable to inventory pending petitions, classify candidates between those already present in the United States (not affected) and those abroad (subject to the fee), and assess the financial viability of each hire in light of the new cost.

It is also advisable to diversify sponsorship strategies, considering alternative visa categories such as L-1 (intracompany transfer), O-1 (extraordinary ability), and EB-2 NIW (national interest waiver), which may offer viable pathways for professionals whose hiring becomes unviable under the H-1B program’s new financial structure.

Guidance for Workers

Foreign workers already present in the United States in H-1B status should rigorously maintain their documentation, avoid status lapses, and consider initiating employment-based green card processes — particularly in the EB-2 NIW, EB-1, and EB-3 categories — as a long-term path to permanent residence independent of the employer.

Professionals abroad who were in the hiring pipeline should discuss with the petitioning employer the feasibility of absorbing the $100,000 fee or explore alternative pathways. In some cases, starting work at an operation outside the United States for an initial period, followed by an L-1 transfer, may be a viable strategy.

An Evolving Landscape

The proclamation represents one of the most significant disruptions to the H-1B program in recent years. Even with the possibility of judicial review, extension beyond the initial 12 months, or modification by a new executive action, the regulatory landscape will remain dynamic throughout 2026. Continuous monitoring of official sources (USCIS, DOS, DOL, and the Federal Register) is essential for employers and workers affected by the program.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.