White House Walks Back $100,000 H-1B Fee for New Petitions Only

(WASHINGTON, D.C.) The White House issued a weekend update on the new $100,000 H-1B visa fee, saying it will be a one-time charge applied only to new H-1B visa petitions in the next lottery cycle and not to current workers or renewals. The White House clarification followed days of confusion after a presidential proclamation signed by President Trump sparked concern that the fee might hit existing H-1B holders, including those who travel and return to the United States 🇺🇸. Press Secretary Karoline Leavitt wrote on X that “H-1B visa holders can leave and re-enter the country” without paying a reentry fee.

Steven Brown, a partner at Reddy Neumann Brown PC, called the message a “walk back” from what many read into the proclamation. He said the original text did not clearly separate new applicants from current H-1B workers, which made it look like a broad entry barrier. Brown welcomed the relief for current workers but said the method—softening a signed proclamation through social media—was “weird” in administrative law and leaves room for legal fights. He expects lawsuits from companies and individuals who depend on the H-1B program and stressed that real change must come from Congress.

Policy details and timing

According to the White House clarification, the fee is a one-time charge tied to new H-1B petitions filed after 12:01 a.m. ET on September 21, 2025. It does not apply to current H-1B visa holders, to people filing renewals, or to those traveling and reentering the country. The update says the rule will first apply in the upcoming H-1B lottery cycle.

Officials also indicated the proclamation is time-limited to 12 months unless extended, and allows exemptions for cases in the national interest.

The change sits on top of an already complex H-1B filing system. Employers sponsor workers by filing Form I-129, the Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services. You can find Form I-129 on the USCIS website: Form I-129, Petition for a Nonimmigrant Worker.

For workers outside the country, the next step usually involves a consular visa interview and the online DS-160 nonimmigrant visa application with the U.S. Department of State: DS-160: Online Nonimmigrant Visa Application.

For general program background, USCIS explains H-1B eligibility and process on its H-1B page: USCIS H-1B Specialty Occupations.

The new fee marks a sharp jump from the prior $215 filing fee noted by stakeholders. Employers say a six-figure petition cost could change hiring plans, especially for small firms or entry-level roles. At the same time, the one-time charge model matters for planning: the White House said it is not a recurring annual tax on H-1B workers or their employers.

Legal and practical impact

Even with a clear White House clarification, uncertainty remains because the proclamation text and the online statements do not align neatly. That gap could cause uneven treatment by agencies until formal guidance lands in the Federal Register or through detailed agency memos.

Brown warned that the lack of a fully updated legal text invites lawsuits and could complicate enforcement. He said companies and workers need certainty before making job moves or travel plans.

Travel and employer responses

Worker travel became a flashpoint after the proclamation. Some major U.S. companies had advised H-1B employees to avoid international trips, worried that reentry might trigger the new cost or cause delays.

According to analysis by VisaVerge.com, employer caution eased after the White House clarification that current H-1B holders can depart and return without paying the $100,000 H-1B visa fee. But many are still waiting for step-by-step rules from agencies that oversee adjudications and ports of entry.

Key points from the update and stakeholder reaction

• The fee applies only to new petitions filed after 12:01 a.m. ET on September 21, 2025.
• It is a one-time charge, not an annual or per-entry cost.
• Current H-1B workers and renewals are not covered by the fee.
• The policy runs for 12 months unless extended and includes national interest exceptions.
• Lawsuits are expected, and employers are preparing for changes in filing practices and timing.

Brown said the episode shows the risk of trying to revamp a major employment visa through a proclamation rather than legislation. He argued that courts could find parts of the policy overbroad or unclear. He added that businesses will likely challenge the fee’s scope, its legal basis, and how it was rolled out. If lawsuits move fast, judges could pause parts of the policy while they review the claims.

Practical guidance for workers and employers

For current H-1B workers:
– Main takeaway: relief and continued caution.
– Relief because existing holders can renew and travel without the fee.
– Caution because rules can shift as agencies publish guidance, and border officers and consular staff need consistent instructions.

Recommended actions:
– Keep copies of approval notices (for example, I-797).
– Confirm visa stamp validity when needed.
– Check with employer counsel before travel.

For employers:
– Timing will be critical. Many companies plan hiring cycles around the H-1B lottery and organize budgets months in advance.
– A $100,000 one-time charge per new petition changes cost models in tech, health care, research, and finance.
– Possible employer responses:
– Pivot to green card sponsorship for hard-to-fill roles.
– Consider hiring remote workers abroad if the fee remains in place for the full 12-month window.
– Reevaluate hiring budgets and lottery strategies.

Broader implications and next steps

The broader issue is policy by proclamation and social media. Brown called it “weird” that a signed directive appears to be narrowed by online posts. That method can unsettle workers and managers who want clear, legally grounded rules.

Practitioners say Congress should set the terms for H-1B reform. Until then, employers, workers, and universities will keep watching for:
– Formal guidance in the Federal Register
– Agency memos with step-by-step rules
– Court filings and possible injunctions

Important: Watch for official agency guidance and published legal text before making final travel or hiring decisions.