H-1B Outside-US Petitions Now Require a $100K Fee

(UNITED STATES) An immediate clampdown on the H-1B program took effect at 12:01 a.m. EDT on September 21, 2025, after a new Presidential Proclamation signed on September 19, 2025 established a mandatory $100,000 supplemental fee for most new H-1B petitions filed for workers outside the United States. Petitions subject to the change will be denied unless the employer pays the fee at filing, according to agency guidance.

The Departments of Homeland Security and State have been directed to confirm fee payment before approving any new H-1B visa application or U.S. Citizenship and Immigration Services (USCIS) petition involving workers abroad. USCIS and U.S. Customs and Border Protection have issued implementation guidance to align with the order, and the Department of State has instructed consular posts worldwide.

As of September 22, 2025, the government has not published detailed payment instructions for the new fee, prompting employers to monitor official channels closely for updates on process, timing, and acceptable payment methods. The Administration described the action as an initial step to reform the H-1B program and to protect U.S. workers from perceived program abuse.

Policy Changes Overview

The proclamation applies prospectively. It does not affect:

• Beneficiaries of petitions filed before September 21, 2025
• Beneficiaries of currently approved petitions
• Individuals holding validly issued H-1B visas as of September 20, 2025
• The ability of current visa holders to travel to and from the United States

The immediate practical result is stark: any new H-1B petition filed on or after the effective time for a worker currently outside the country is expected to be denied unless it includes the $100,000 supplemental fee per petition. Employers with global teams now face a sharp rise in sponsorship costs for overseas hires and transfers.

Travel remains a flashpoint. H-1B workers who do not hold a valid H-1B visa as of September 20, 2025 are strongly urged to avoid international trips. Without a valid visa, departure may trigger the need for a new petition tied to the supplemental fee, and reentry could be blocked. Those with a valid visa or with petitions filed before the effective date may continue travel as before.

According to analysis by VisaVerge.com, the measure far exceeds previous fee increases and will likely reshape how companies plan international assignments, client projects, and start dates tied to consular processing. Industry groups are expected to seek relief or exemptions, and litigation is anticipated.

Impact on Workers and Employers

For H-1B workers outside the United States:

• If you lack a valid H-1B visa as of September 20, 2025, returning may require your employer to file a new petition plus the $100,000 supplemental fee. Many employers may decline to proceed at that cost.
• If you have a valid H-1B visa or an approved petition filed before the effective date, you are not subject to the new fee and may continue as planned.

For employers:

• Any new H-1B petition for an overseas worker filed on or after the effective time must include the fee. This dramatically changes the cost equation for sponsorship, client deployments, and backfilling roles abroad.
• Leadership should review travel policies, reconsider non‑essential assignments, and identify employees whose status relies on consular processing.
• The 2026 H-1B lottery and later H-1B petitions for workers outside the United States will be subject to the fee. The proclamation does not retroactively affect filings submitted or approved before September 21, 2025.

Immigration attorneys warn of delays and added risk as agencies build new screening steps to confirm the fee. They recommend documenting travel plans, capturing filing evidence, and preserving timelines for all cases that may intersect with consular processing.

What to Do Now

Step-by-step guidance for affected individuals and companies:

1. Check your status. Confirm whether you hold a valid H-1B visa or whether your employer filed a petition before September 21, 2025. Keep copies of your approval notice and visa.
2. Avoid international travel if you lack a valid H-1B visa. If you are outside the country now, consult your employer and counsel about immediate options and potential return plans.
3. Employers should audit near-term starts and travel. Consider remote work, project re-sequencing, or alternative visa strategies if the added cost makes new H-1B filings impractical.
4. Monitor official updates for fee payment procedures. Agencies have not yet released detailed instructions. Until then, filings involving overseas workers face uncertainty.

USCIS maintains an H-1B program page with ongoing policy updates and references to core requirements. For authoritative guidance and future instructions, see the agency’s H-1B Specialty Occupations page at USCIS H‑1B Specialty Occupations.

While the proclamation does not change the standard petition process inside the United States, most cap‑subject and many change‑of‑employer cases require the employer to file the Form I‑129, Petition for a Nonimmigrant Worker. Employers who proceed should ensure complete packets and retain proof of any required fee payment once the government releases instructions. The form is available at USCIS Form I‑129.

Sector Effects, Reactions, and Legal Outlook

Employers in the tech sector, consulting, healthcare, and research—fields that rely on steady access to H-1B talent—say the fee is a barrier that could delay projects and push work offshore. Worker advocates fear sudden travel disruptions that separate families or cause job loss if employees get stranded abroad without a valid visa. Government officials, meanwhile, frame the change as a measured action aimed at protecting U.S. jobs while agencies develop broader reforms.

Legal challenges are widely expected. Potential claims include that the supplemental fee is:

• Punitive,
• Adopted without adequate notice, or
• Beyond executive authority.

If lawsuits proceed, courts could delay parts of the policy. Until then, employers must plan for the rule as written.

Key Takeaways and Practical Actions

• The effective time is fixed: September 21, 2025, 12:01 a.m. EDT.
• The $100,000 supplemental fee is mandatory for new H-1B petitions filed for workers outside the country after the effective time.
• Approved petitions, filings made before the effective date, and valid visa holders are not covered by the new fee.
• Agencies will verify fee payment before approving. Expect added screening and potential processing slowdowns.

Recommended immediate steps:

• Assign a decision-maker to assess each overseas case, weigh cost versus business need, and coordinate with counsel on timing.
• Workers should keep digital and paper copies of visas, approval notices, and travel records.
• In many cases, delaying travel could be the safest choice until agencies publish fee procedures.

The Presidential Proclamation is set as an “initial, incremental step,” and further actions could follow. That makes careful planning essential in the weeks ahead, even as the policy faces expected court tests.