USCIS Clarifies Who Pays the $100,000 H-1B Fee. What Employers and Workers Need to Know.

Introduction  

In September 2025, the U.S. Citizenship and Immigration Services (USCIS) released new guidance on a significant change to the H-1B visa program. A $100,000 fee is now required for certain petitions. This change has serious implications for U.S. employers, immigration lawyers, and foreign nationals wanting to work in the United States.  

At Chopra Law Firm, our immigration attorneys have examined this new policy, including what the fee means, who pays it, who is exempt, and how employers and H-1B beneficiaries should respond in this changing environment.  

What is the $100,000 H-1B Fee?  

On September 19, 2025, a presidential proclamation established that any new H-1B petition submitted after 12:01 a.m. ET on September 21, 2025, must include an additional $100,000 payment if the beneficiary is outside the U.S. and will apply for a new H-1B entry.  

This change is part of a larger initiative by the U.S. Department of Homeland Security (DHS) and USCIS to reduce perceived misuse of the H-1B system. It aims to encourage domestic hiring and shift the cost burden of petitions involving foreign nationals.  

For many U.S. employers and foreign professionals, this change represents a major increase in costs. 

Who Must Pay the $100,000 Fee?  

According to USCIS guidance, the fee is the responsibility of the employer (the H-1B petitioner), not the foreign worker or beneficiary.    

- The fee is a one-time payment for new H-1B petitions filed after September 21, 2025, when the beneficiary is outside the U.S. and will enter through a U.S. consular visa.  

- The employer cannot charge the fee to the employee, deduct it from their salary, or require reimbursement. These actions could violate wage and labor rules related to H-1B compliance.  

- The rule applies whether the petition is cap-subject or cap-exempt, as long as the beneficiary is outside the U.S. at the time of filing.  

Therefore, U.S. employers need to plan for this extra cost when considering sponsoring foreign workers from abroad.  

Who Is Exempt or What Filings Are Not Subject to the Fee?  

USCIS and other guidance outline several exceptions to the $100,000 fee:  

- Extensions or amendments for beneficiaries already in the U.S. who hold valid H-1B status. The fee does not apply to every petition or renewal.  

- Petitions submitted before 12:01 a.m. ET on September 21, 2025, are exempt from the fee.  

- Beneficiaries currently in the U.S. on H-1B status (not “new” outside) and filing for change-of-status or extension.  

- The proclamation includes a national interest exception, which allows DHS to waive the fee for positions considered vital to U.S. national interest. However, the criteria and process for this exception are still unclear.  

For instance, a U.S. employer sponsoring an existing H-1B worker within the U.S. for an extension does not have to pay the additional fee.  

Key Impacts for Employers and H-1B Workers  

For Employers  

- Increased cost burden: U.S. employers sponsoring foreign nationals from abroad will face a significant expense of $100,000 per petition, adding to existing filing fees.  

- Strategic hiring changes: Some employers may adjust their hiring strategies to limit new H-1B petitions from abroad. They might prefer internal transfers (such as L-1 visas) or focus on beneficiaries already in the U.S.  

- Travel policy implications: Employers may recommend that employees avoid leaving the U.S. on H-1B status, as coming back may require a new petition and incur the fee.  

For Foreign Professionals  

- No direct payment requirement: The employer covers the fee, so beneficiaries do not need to pay it. 

- Potential reduction in sponsorship opportunities: Some employers may decrease new sponsorships from abroad, affecting job openings for foreign nationals outside the U.S.  

- Travel risk: H-1B holders traveling outside the U.S. may face situations where re-entry triggers new filing requirements. Employers and legal counsel must be vigilant.

Recommended Action Plan for Employers & International Employees  

Employers should:  

- Audit your H-1B workforce: Identify employees currently abroad, those changing their status, or upcoming visa stamping situations.  

- Update internal policy: Revise travel, filing, and sponsorship guidelines to reflect new cost and compliance realities.  

- Consider alternative visa routes: Explore O-1, L-1, TN, or EB-2 NIW options when possible.  

- Budget accordingly: Include the potential $100,000 fee in your immigration planning.  

- Engage immigration counsel: Ensure your filings are compliant and stay updated on changing guidance and legal challenges.  

Workers should:  

- Speak with the employer’s immigration team before traveling internationally.  

- Confirm whether their petition falls under the new fee.  

- Remember that the fee does not apply to current H-1B status or renewals, as long as USCIS guidance is applicable.  

How Chopra Law Firm Can Help  

At Chopra Law Firm, our immigration attorneys based in California assist both employers and foreign professionals in navigating this changing landscape. We offer:  

- Insight into the new H-1B fee implications.  

- Smart immigration planning for large employers, startups, and international talent.  

- Guidance on alternative pathways (O-1, L-1, EB-2 NIW) and cross-border visa strategies.  

- Compliance review, audit assistance, and support in complex H-1B issues.  

If you’re an employer or H-1B beneficiary worried about the new $100,000 fee, contact Chopra Law Firm to discuss your specific case and create a tailored approach.  

Conclusion  

The introduction of the $100,000 H-1B fee for some new petitions represents a significant shift in U.S. immigration policy. Both employers and foreign professionals must approach this change with careful planning, compliance checks, and strategic decision-making.  By staying informed and collaborating with experienced immigration lawyers, you can reduce risk and continue to benefit from the H-1B program while adjusting to this new regulatory landscape.  

At Chopra Law Firm, we are dedicated to guiding clients through every change, ensuring clarity and confidence in their immigration strategies.