$100,000 H-1B Payment: Refund Ambiguity and Implications for 2025

(UNITED STATES) A new $100,000 H-1B payment tied to fresh H-1B petitions is set to take effect in late September 2025, but the government has not said whether employers will receive refunds if a case isn’t selected in the lottery or is later denied. The White House announced the requirement by proclamation on September 19, 2025, and U.S. Citizenship and Immigration Services (USCIS) acknowledged it in an FAQ two days later. Both documents confirm the payment obligation but stop short of explaining how refunds, if any, would work.

For now, officials haven’t issued procedures, leaving companies to make hiring decisions without knowing whether this large H-1B payment is recoverable.

Scope, timing, and current procedural gaps

According to USCIS, the fee applies to new H-1B petitions filed on or after September 21, 2025. Officials have also said it does not apply to extensions, amendments, or change-of-status requests for workers already in the United States 🇺🇸.

Key operational gaps that remain:

• No posted payment channel or timing details.
• No public guidance on whether the fee is due at the registration stage or when filing the petition after selection.
• No procedures explaining whether employers will get refunds if a registration isn’t selected or if a petition is later denied.
• Agencies have signaled that case processing may pause if the payment is missing once the rule is in force.

This uncertainty matters because the H-1B selection rate has been low for many employers, and budgets for global hiring are set months in advance. A $100,000 outlay per petition with an unknown refunds policy complicates planning.

Policy details confirmed and major unknowns

The administration’s proclamation and USCIS confirmation establish a few clear points and leave many critical mechanics unresolved.

Confirmed:

1. The new $100,000 H-1B payment applies to new petitions filed on or after September 21, 2025.
2. USCIS has signaled it will hold off adjudication of affected filings until the payment is received.
3. Exemptions are limited: the fee does not cover extensions or changes for workers already in H-1B status or changing status inside the country.

Unclear items (still outstanding):

• Whether the fee is due before the lottery (at registration), after selection (at petition filing), or at another step.
• Whether refunds will be available if a registration isn’t selected, a petition is rejected for filing errors, or a case is denied.
• How USCIS will collect the money and track it across large volumes of cases.
• Whether hardship or small-business waivers (or other exemptions) will exist.

USCIS has not issued a rulemaking notice or a detailed policy memo explaining the mechanics. That lack of clarity forces companies to compare this new cost with historic treatment of H-1B fees.

How past H-1B fee refunds worked — why the precedent matters

H-1B costs typically come in layers. Understanding past practice clarifies why employers are worried.

• The initial online registration fee began at $10 and rises to $215 for the FY 2026 cap season. That registration fee has been non-refundable—if a registration isn’t picked, the fee is kept by the government.
• After selection, the employer files a petition and pays several fees. Historically, most of these have been non-refundable.

Typical fee components and refund status:

• Form I-129 Base Filing Fee: Non-refundable. The form is available at Form I-129 Base Filing Fee: Non-refundable. The form is available at https://www.uscis.gov/i-129.
• ACWIA Training Fee: $750 (employers with 1–25 full-time workers) or $1,500 (26 or more). Non-refundable.
• Fraud Prevention and Detection Fee: $500, non-refundable.
• Public Law 114-113 Fee: $4,000 for certain large H-1B employers; non-refundable.

One important exception: premium processing.

• If an employer pays the $2,500 premium processing fee using Form I-907, USCIS must take action (approve, deny, issue an RFE, or issue a Notice of Intent to Deny) within 15 calendar days.
• If USCIS fails to meet that timeframe, it refunds only the premium processing amount. Form I-907 is at Form I-907.

This history — widespread non-refundability with only narrow premium-processing refunds — shapes how companies are reading the new $100,000 rule. Because agencies have not promised refunds, many legal teams are treating the payment as likely non-refundable.

For authoritative background on H-1B rules and procedures, USCIS maintains a central page on specialty occupation visas at https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations. Officials have encouraged stakeholders to check the agency’s H-1B resources regularly for updates on the payment and any refunds policy.

Special concerns for beneficiaries abroad and timing impacts

The administration’s initial guidance says the fee applies to beneficiaries outside the country. That raises two major timing scenarios:

• If USCIS requires payment before selection, a company could spend $100,000 for each candidate submitted into the registration pool, even though only a small fraction are typically chosen.
• If payment is due at petition filing after selection, the exposure would attach only to selected cases — but the amount remains far above prior H-1B costs.

Other timing-related concerns:

• A short payment window could force organizations to change internal approval and cash-release processes so finance can send funds quickly.
• Large filers may be required to manage dozens or hundreds of large payments simultaneously during cap season.

Implications and recommended next steps for employers

The stakes are particularly high for start-ups, mid-size tech firms, research labs, and healthcare systems that rely heavily on H-1B workers. A $100,000 charge per new petition could reshape hiring plans, push firms toward alternative visas, or move roles to other countries.

Practical steps employers are taking now:

• Budget conservatively: assume the $100,000 H-1B payment is non-refundable until the government says otherwise.
• Model scenarios: finance and HR should map selection-rate scenarios to estimate exposure and decide how many candidates to enter.
• Strengthen filings: prepare evidence-heavy petitions to reduce denial risk and the chance of losing the payment on a rejected case.
• Review alternatives: consider L-1 intracompany transfers, O-1 for individuals with extraordinary ability, or TN for Canadian and Mexican nationals.
• Monitor policy closely: assign a point person to track USCIS alerts and the agency’s H-1B pages for payment instructions and any refunds guidance.

For workers abroad, the unknowns add stress. Employers may scale back filings because of the cost, leading candidates to face longer timelines or be steered toward other routes. Families planning moves may need to delay housing, schooling, and partner-career plans.

Legal practitioners advise keeping documentation airtight:

• Clear position descriptions showing specialty occupation requirements.
• Market wage evidence and degree-to-job match explanations.
• Early planning for consular steps if payment checks are introduced at multiple stages.

Even if refunds are later allowed in some narrow instances, past practice suggests carve-outs may be limited. For example, premium processing refunds trigger only when USCIS misses the 15-day window — not when a case is denied. If a similarly tight standard applies to the $100,000, many employers could still not see money returned.

Outstanding policy questions for government clarification

Policymakers need to answer several practical questions:

• Will there be a clear division between registration and petition payment points?
• Will employers be able to transfer the H-1B payment to a new petition if a candidate withdraws or moves to another business unit?
• How will USCIS treat refiled cases after fixes to a rejected petition?
• Can small businesses or nonprofits qualify for reduced rates or waivers?

Until those details appear in writing, the safest course for employers is restraint: brief executives on cash-flow impact, set internal guidelines for when to use the H-1B route for candidates outside the country, and update offer letters to reflect the increased risk.

Continued fee obligations and final takeaway

Employers still must pay standard H-1B fees that apply to selected cases, including the Form I-129 fee, ACWIA training fee, fraud fee, and, if applicable, the Public Law 114-113 fee. These amounts have long been treated as non-refundable. Premium processing via Form I-907 remains optional and refundable only if USCIS fails to act within 15 calendar days.

Bottom line: The administration has introduced a major new cost without telling businesses how refunds will work. That leaves employers managing uncertainty just as they plan for the next cap season. Unless and until USCIS says otherwise, treat the $100,000 as money that won’t come back — keep records, plan budgets, and watch for updates from USCIS. For now, caution is the only policy that’s clearly allowed by the rules on the page.