How to Pay the $100K H-1B Fee: Proclamation Lacks Payment Details

(UNITED STATES) Employers seeking to file new H-1B petitions for workers abroad face a costly new requirement but few instructions on how to comply. As of September 20, 2025, a mandatory $100,000 fee must accompany new H-1B filings under President Trump’s 2025 Proclamation. The measure applies to petitions for specialty occupation workers seeking entry to the United States 🇺🇸 from outside the country. Yet the Proclamation does not explain how to pay the fee, leaving companies, attorneys, and applicants waiting for agency guidance and worried about processing delays.

The Proclamation directs the Secretary of State to verify payment during the petition process, and orders the Departments of State and Homeland Security to deny entry if payment is missing. It also requires employers to retain documentation proving the fee was paid. But the text sets no public-facing payment method and names no portal or form for remittance. According to analysis by VisaVerge.com, this missing step is now the central barrier to timely filings as fall recruitment cycles begin for many tech, healthcare, and engineering employers.

Policy Requirements Under the Proclamation

The new framework ties H-1B eligibility to a steep upfront cost. Key points in effect now:

• The $100,000 payment must be submitted with the H-1B petition for new applications filed by employers hiring foreign workers outside the United States.
• Verification: The Secretary of State is tasked with confirming payment status during processing.
• Enforcement: The Departments of State and Homeland Security must deny entry if the fee isn’t paid.
• Recordkeeping: Employers must keep proof of payment for audits and enforcement checks.
• Exemptions: The Proclamation allows case-by-case exemptions if paying the fee would run against the national interest.
• Scope: The fee applies only to new H-1B petitions for workers outside the United States, not to extensions or change of status filings within the country.

The policy aims to curb alleged abuses of the H-1B program, particularly claims that outsourcing firms have used it to replace U.S. workers with lower-paid staff. The White House’s broader agenda includes revisiting prevailing wage rules and placing more weight on high-skill, high-pay roles. Supporters argue the fee will deter low-cost labor strategies and shift demand toward the highest-paid workers. Critics counter that the charge is so large it could push global talent to rival markets.

Implementation Gap and Practical Risks

While the $100,000 fee is now a binding condition, no federal agency has published a step-by-step payment method. There is no confirmed online portal, check routing instruction, bank wire template, or lockbox location.

The Proclamation orders the Departments of Labor and Homeland Security to issue joint guidance on verification, enforcement, audits, and penalties. That guidance is expected to cover payment methods, accepted forms of payment, timing, and proof standards. As of mid-September, however, such guidance has not been publicly released or widely distributed.

This missing payment mechanism creates several immediate risks:

• Filing uncertainty: Employers cannot be sure how to “include” the fee with a petition when the method is undefined. If they guess wrong, a petition could be rejected or delayed.
• Timing pressures: Many companies plan overseas hiring months in advance, especially for roles that start in early 2026. Payment confusion could slow onboarding and project timelines.
• Compliance exposure: The requirement to retain proof of payment is clear, but the acceptable proof format is not. That complicates internal controls and audit readiness.
• Access concerns: Industry groups argue the fee is so high it may cut off small and mid-size firms from global hiring and weaken the country’s pull for top scientists and engineers.

Employers and immigration lawyers say the procedural gap raises real-world stakes. Without instructions, firms are unsure whether to hold filings, risk incomplete submissions, or move ahead with plans that may need to be redone. Some attorneys fear that even a brief period of confusion could lead to uneven outcomes if cases are treated differently across posts or ports of entry. VisaVerge.com reports that companies are already reassessing budgets and hiring timelines due to the new cost and the uncertainty around remittance.

Government officials have emphasized the fee’s role in protecting U.S. labor markets, while acknowledging the need for clear, enforceable rules so officers can apply the Proclamation consistently. The forthcoming joint guidance from the Departments of Labor and Homeland Security is expected to be the primary tool for that clarity. Stakeholders should watch for updates on official agency channels, including the Department of Homeland Security, which will be central to implementation.

Immediate takeaway: the fee is active but no official payment method has been announced. Employers should prepare but avoid improvised remittance until joint agency guidance is released.

Practical Steps Employers Can Take Now

Although the remittance mechanism is pending, employers can take pragmatic steps to be ready:

1. Budget planning
   • Set aside funds and internal approvals for the $100,000 payment per petition, plus standard filing and legal costs.
2. Documentation protocols
   • Draft simple templates for payment evidence and retention so records can be produced quickly during audits.
3. Internal checkpoints
   • Designate a single compliance owner for each petition to track fee status, proof of payment, and communication with counsel.
4. Monitoring
   • Assign staff to check agency websites daily for guidance and to verify any updates shared by consulates, service centers, or ports of entry.
5. Exemptions review
   • For roles tied to national security, critical infrastructure, or public health, consult counsel on whether a case-by-case national interest exemption could apply.

Strategic Considerations

• Because the fee does not apply to extensions or change of status filings inside the country, employers may weigh promoting existing H-1B staff already in the United States rather than initiating new overseas hires.
• This tradeoff will vary by company and industry, but it underscores how one fee can reset the math of global staffing plans.

The administration’s stated goal is to steer H-1B demand toward the highest-paid roles and away from large-scale outsourcing models. Pending work on prevailing wage rules could further raise the floor for offered salaries. Together, these steps mark a clear shift: fewer, costlier petitions geared toward top-tier positions. Whether that narrows the H-1B to an elite channel or simply slows hiring remains to be seen, but the immediate obstacle is plain—employers still don’t know how to pay.

Recommended Posture Until Guidance Arrives

• Be patient but prepared: the fee is active; the method is not.
• Avoid improvising payments that could be rejected.
• Prepare budgets, internal controls, and documentation templates now so you can act the moment official guidance appears.
• Watch official agency channels, including the Department of Homeland Security, for the joint guidance from the Departments of Labor and Homeland Security.

When the Departments release their joint guidance, it should answer the core questions: how to pay, which payment forms are accepted, when proof is due, and how officers will verify compliance. Until then, readiness plus restraint is the most reliable approach: have the funds and processes lined up, but wait for the official green light before submitting payment. With the $100,000 requirement locked in by the Proclamation, the difference between a smooth filing and a painful delay may come down to waiting for that guidance — and being ready to act immediately when it arrives.