Trump’s $100,000 H-1B Fee: What Employees Must Do Next

(UNITED STATES) President Trump has ordered a new $100,000 H-1B fee per worker, per year, set to take effect at 12:01 a.m. ET on September 21, 2025, triggering emergency travel guidance, hiring reviews, and an expected court fight that could stretch into 2027. The executive order applies to new H-1B petitions, extensions, and transfers, and companies are warning that foreign professionals abroad should return before the deadline or risk being stuck outside the United States 🇺🇸. Large employers in tech and finance are preparing to pay for critical roles, while smaller firms warn they may pause H-1B hiring altogether.

The order does not expressly mention H-4 dependents, yet many companies are advising spouses and children to return as well to avoid travel problems tied to reentry. According to analysis by VisaVerge.com, firms from Seattle to Wall Street have issued internal notices asking H-1B workers and families outside the country to come back immediately, and urging those in the U.S. to postpone non‑essential travel. The administration says the fee will curb abuse and protect U.S. workers by pushing employers to prioritize higher-paid roles and American hires.

Policy details and immediate effects

• Effective date: September 21, 2025 at 12:01 a.m. ET
• Scope: Applies to all H-1B petitions, including transfers and renewals
• Stated aim: Protect U.S. workers, curb perceived misuse, and favor high-skilled, high-paid roles
• Possible narrow exemptions: Limited “national interest” carve-outs referenced in policy materials

Employers expect higher costs across the board. For major platforms and banks, the new H-1B fee may be absorbed for mission‑critical staff; for startups and mid‑size consultancies, it could shut the door on new hiring and push work offshore. Outsourcing and staffing firms face sharp cost hikes, which could speed up automation plans or shift projects to teams overseas.

The administration also signaled new rulemaking on wages and selection standards to elevate higher‑paid cases, aligning with long‑standing complaints about wage suppression in some sectors.

Who is most affected and when

Workers already inside the U.S. do not face a status shock on day one. But any extension from 2025 onward could trigger the $100,000 payment, raising fears about job mobility and renewals in 2027 and beyond.

• Most urgent group: Workers outside the U.S. who have not reentered before the effective time could be denied entry unless their employer pays the fee.
• Why companies advise reentry: To avoid being stuck outside and to preserve travel flexibility.
• Documentation: Keep visa and supporting documents current to reduce reentry risk.

A practical example: a first‑time H‑1B professional from India with an approval that started in October 2024 can likely continue working without interruption through the initial period. But once renewal time arrives, the employer would need to pay the annual fee to extend. If the employer refuses, the worker may seek a new employer—but transfers also require the fee—or shift focus to permanent residence options.

For official program basics, readers can review the H‑1B overview from U.S. Citizenship and Immigration Services at the USCIS H‑1B Specialty Occupations page: USCIS H‑1B program.

Early impact on employers and foreign professionals

Companies are moving fast on travel and documentation. Internal notices emphasize:

• Return before the deadline: Those abroad should reenter the U.S. now.
• Stay put if possible: Those already in the U.S. should delay non‑urgent trips.
• Plan renewals early: Ask HR and counsel about timelines, sponsorship, and costs.

Legal and HR teams are reviewing filing strategies. Petitions still run through existing forms and channels:

• Employers typically file H‑1B petitions on Form I-129 (USCIS Form I-129).
• Families maintain or change status using Form I-539 (USCIS Form I-539).
• H‑4 spouses who work request an Employment Authorization Document on Form I-765 (USCIS Form I-765).

The new fee is additive to standard filing fees and legal costs, and applies to transfers as well as extensions — potentially limiting job changes.

Practical choices for affected workers

Workers are mapping next steps:

1. Stay on H‑1B if the employer will pay the new fee.
2. Move to a new employer if the role justifies the cost.
3. Start a green card process early (EB‑2/EB‑3 employer cases), especially for Indians facing long backlogs.
4. Explore self‑sponsored options later (EB‑1A, NIW) where eligible.
5. Consider alternative nonimmigrant paths like L‑1 or O‑1 depending on profile and company structure.

Day‑to‑day guidance: keep status clean, keep documents current, and think twice before international trips. Do not rely on social media rumors; follow official updates and employer counsel. The order does not affect U.S. citizens or permanent residents, who retain independent work rights.

Legal fight and expected timeline

The courtroom battle will test presidential power over entry and fees. Critics argue the H-1B fee functions like a tax and that Congress, not the White House, controls federal taxation and core visa fee structures. Supporters cite the President’s entry powers under immigration law and say the policy aims to raise pay and favor U.S. hires.

Possible legal outcomes:

• Temporary injunctions that pause enforcement soon after the effective date.
• Permanent invalidation if courts find the order unconstitutional.
• Upholding the order, which would make the fee the new normal unless Congress intervenes.

A rough timeline to expect:

• September 21, 2025: Enforcement begins.
• Late 2025: Lawsuits are likely to be filed.
• 2026–2027: Appeals and possible Supreme Court review; final resolution could stretch into 2027.

During litigation, employers may:

• Bring people back to the U.S. to avoid reentry risk.
• Pay for top roles while pausing lower‑priority hires.
• Delay or cancel other H‑1B cases.

If courts block the order, hiring costs would revert to pre‑order levels and travel would ease. If upheld, the H‑1B lane would narrow to higher‑paid, high‑impact roles and many positions might move offshore or become automated. H‑4 families would face planning challenges tied to principals’ status and employer willingness to fund the fee.

Important: This is a rapidly evolving situation. Courts could issue injunctions or rulings that change the practical effect well after the September 21 effective date.

Immediate action items

• If abroad: Reenter before the effective date to avoid potential denial of entry.
• If in the U.S.: Avoid non‑essential international travel for now.
• For renewals and transfers: Talk with HR and counsel early about budgets and timing.
• For long‑term stability: Consider starting green card proceedings sooner rather than later.

As VisaVerge.com reports, September 21 is not the finish line — it’s the start of a long legal test that will determine how the U.S. sources talent in critical fields. Until the courts speak, employers and foreign professionals should prepare for higher costs, stricter travel choices, and a hiring market that favors fewer, better‑paid roles under tighter review.