Who Must Pay the $100K H-1B Fee? Detailed Applicability Table

(UNITED STATES) A new presidential proclamation has imposed a mandatory $100,000 fee on most new H-1B cases tied to workers outside the country, effective 12:01 a.m. EDT on September 21, 2025. The order restricts the entry of H-1B nonimmigrants unless the employer’s petition is accompanied by proof of this extra payment, which is in addition to current U.S. Citizenship and Immigration Services (USCIS) filing fees.

The fee applies for 12 months, through September 21, 2026, unless federal agencies recommend an extension. The White House: Presidential Actions – Proclamations directed both the Department of Homeland Security (DHS) and the Department of State to verify that the $100,000 fee has been paid before approving a petition or issuing a visa, leaving companies with overseas hiring plans facing immediate and costly decisions.

## Scope of the proclamation

• The proclamation reaches:
• All new H-1B petitions for workers currently outside the United States.
• All H-1B visa applications at U.S. consulates and embassies.
• Any H-1B worker who tries to enter the country after the effective time.

• It covers both cap-subject groups:

• 65,000 standard cap

• 20,000 advanced degree exemption (U.S. master’s or higher)

• Important clarifications:

• This is not a replacement for standard filing fees — it is an additional charge.
• Petitions filed without proof of the $100,000 payment will be restricted from approval.

Payment verification, documentation, and agency coordination

Employers are instructed to obtain and keep documentation showing the $100,000 fee was paid before filing an H-1B petition.

• Practical requirements for employers:
• Set up internal controls to match each petition to a specific payment record.
• Maintain evidence that will satisfy DHS and consular officers.

• How agencies will act:
• The State Department will verify fee payment during visa processing abroad.
• DHS will confirm payment at the petition stage with USCIS.
• Agencies are directed to coordinate reviews, creating a double check that may slow case movement during the early rollout.

Who is excluded

• H-1B workers already in the U.S. on the effective date are not subject to the new $100,000 fee. Employers may continue with extensions, amendments, and transfers for those employees.
• Change of status filings inside the U.S. from other visa types to H-1B appear outside the fee’s reach, since the proclamation focuses on entry into the United States after the effective date.
• By contrast, anyone outside the United States planning to enter in H-1B status after 12:01 a.m. EDT on September 21, 2025 is within the new rule unless an exemption applies.

National interest exemption (NIE)

A broad national interest exemption gives the Secretary of Homeland Security flexible authority to waive the fee for:

• Individuals
• Specific companies
• Entire industries

• Exemption criteria (as stated in the proclamation):

• Hiring the H-1B worker is in the national interest and

• Does not pose a threat to U.S. security or welfare.

• Notes on exemptions:

• The order hints that healthcare, defense, or advanced research could be candidates for relief but does not list industries by name.
• The scope and speed of exemptions depend on how DHS designs standards, required documentation, and the queue of requests.

Financial and operational impact on employers

• The $100,000 fee dwarfs standard H-1B filing costs (typically hundreds to a few thousand dollars).
• The fee is added on top of normal USCIS fees for:
• Form I-129 (petition for a nonimmigrant worker)
• Optional premium processing using Form I-907
• Consular processing already involves DS-160 and in-person interviews, adding time and complexity.

Likely employer responses in the near term:
1. Pause overseas H-1B hires.
2. Pursue changes of status for candidates already in the U.S.
3. Apply for DHS national interest exemptions.

Missing implementation details and operational gap

• The government has not yet released step-by-step payment procedures or a public-facing system to confirm payment receipt.
• Leading immigration firms note key details remain pending, despite the effective date.
• This creates an operational gap for HR and legal teams who need to know:
• Where to pay
• How to match payments to specific cases
• What proof will satisfy DHS and consular offices

The White House also directed the Secretary of State to issue guidance to prevent misuse of B visitor visas by H-1B beneficiaries whose approved start dates begin before October 1, 2026.

Legal challenges expected

• Immigration attorneys and former officials predict lawsuits questioning whether the executive branch can impose such a large fee without Congressional authorization.
• Reported concerns (NBC News): agencies can set fees to cover processing costs, not impose a barrier that effectively changes access to a visa category.
• Possible outcomes from litigation:
• Fee narrowed, paused, or struck down.
• If allowed to stand during litigation, employers must decide to pay, delay hires, or move jobs abroad.
• Lawsuits could arrive within days or weeks, and early court orders will influence the policy’s short-term course.

Review checkpoint and timeline

• Agencies must jointly recommend whether to extend or renew the restriction no later than 30 days after the next H-1B lottery following the proclamation.
• This suggests the administration intends to review real-world effects before deciding on continuation.

Policy objectives and debate

• Administration frame: protect U.S. jobs, reduce perceived misuse of H-1B, raise program standards, and focus on high-wage or national-priority roles.
• Supporters say the fee will encourage domestic hiring or limit sponsorship to critical roles.
• Critics say the fee will:
• Block growth in sectors dependent on scarce skills
• Reduce U.S. competitiveness for technical and research talent
• Hit mid-size firms and startups hardest

Sector-specific impacts

• Universities, research institutes, hospitals:
• Impact on rotating researchers and clinicians who move between overseas projects and U.S. labs/clinics.
• If DHS grants industry-wide exemptions for healthcare/advanced research, movements may continue; otherwise, research trials and clinical care could be disrupted.

• Tech companies:

• May shift work overseas or bring candidates in other statuses first and file change of status inside the U.S.
• The proclamation’s emphasis on entry after the effective date leaves room for change-of-status strategies — but guidance could limit this.

Immediate planning steps for employers (recommended)

1. Identify all H-1B candidates who are outside the U.S. and slated to enter after the effective date.
2. Assess whether roles fit a likely NIE and gather supporting documents.
3. Review whether candidates can pursue change of status inside the U.S. instead of consular processing.
4. Structure internal approval processes so finance and legal can tie each $100,000 payment to a specific petition and retain records for audits.

Continued filing requirements and expected processing behavior

• USCIS will continue to require the standard petition package:
• Form I-129 with supporting evidence (specialty occupation, qualifications, LCA).
• Form I-907 for optional premium processing.
• Consular cases still require DS-160 and a visa interview.
• Both DHS and the State Department must confirm payment before approving a petition or issuing a visa.
• Expect more Requests for Evidence (RFEs) and administrative processing while officers verify fee receipts, especially during the initial rollout.

Questions employers and workers are asking

• Will DHS announce a clear list of critical sectors for exemption?
• Will company-wide relief require special certifications or audits?
• How long will it take to review exemption requests?
• What will consular interviews look like, and are travel plans safe?
• Will a payment system produce a receipt number trackable across USCIS and embassy systems?

Immigration lawyers are pressing for written guidance and a payment system that outputs a receipt number to reduce uneven adjudication.

Policy sunset and possible scenarios

• The policy’s sunset of September 21, 2026 is a checkpoint rather than a guarantee.
• Agencies must deliver a joint recommendation within 30 days after the next H-1B lottery.
• Possible administrative responses:
• Narrow the fee
• End the fee on schedule
• Extend the fee if deemed effective

Employer scenarios and examples

• Major defense contractor: pursue industry-wide exemption for program lines tied to national security.
• Multi-hospital system: seek company-wide protection to keep critical units staffed.
• Midsize software firm: defer overseas hires and invest in U.S. training.
• Startup with a short runway: may shift a role to a foreign subsidiary or delay product timelines.

Fiscal year planning implications

• If the fee remains through the next cap season, firms must decide whether to:
• Enter overseas candidates in the H-1B lottery (paying the fee if selected) or
• Limit entries to candidates already in the U.S. who can change status if selected.

This will affect workforce location, product timelines, and contract staffing.

Human impact

• Real-life consequences include:
• Researchers delayed from starting cancer trials
• Rural hospitals unable to fill specialist roles
• Startups relocating teams to avoid per-hire costs

These are not abstractions — they affect lives, projects, and local economies.

Compliance checklist (if policy remains in force)

• Confirm whether each candidate was inside or outside the U.S. on the effective date.
• Flag travel risks for current H-1B employees.
• Prepare national interest exemption requests with strong evidence.
• Track each $100,000 payment and link it to the relevant case.
• Plan for extra processing time while DHS and State verify fee receipts.
• Brief hiring managers that overseas hire offers may need senior-level approval.
• Consider alternate visa pathways with caution — they are not substitutes for most H-1B roles.

B visitor visas and enforcement risk

• The State Department’s guidance on B visitor visas will likely:
• Remind applicants that B status does not permit productive work in the U.S.
• Scrutinize short‑term entries that appear tied to jobs requiring H-1B
• Using B status to “wait things out” could lead to refusals or adverse impacts on future visa applications.

Change of status as a workaround

• For candidates already in the U.S. (e.g., F-1 OPT), a well-timed change of status filing may avoid the $100,000 fee since the proclamation targets entry after the effective date.
• This requires careful timing, clean documentation, and continued valid status until USCIS approves the change.

Alternative visa categories

• Employers may consider alternatives like:
• O-1 (extraordinary ability) — strict standards
• Treaty-based categories — limited applicability
• These are not practical substitutes for most routine H-1B roles.

Official resources

• White House: Presidential Actions – Proclamations
• USCIS forms:
• Form I-129 [Petition for a Nonimmigrant Worker]
• Form I-907 [Request for Premium Processing Service]
• State Department: DS-160 [Online Nonimmigrant Visa Application]

Final notes and recommendations

• Implementation details on how to pay the $100,000 fee are still pending; federal agencies are expected to issue more guidance.
• Until procedures are public:
• Avoid guesswork
• Keep thorough records
• Seek prompt legal advice
• The stakes are high for companies that depend on specialized skills and for H-1B workers whose careers and families depend on timely approvals.

As the policy takes shape, the immigration landscape will shift in ways that demand close attention, steady planning, and swift action when the rules allow it.