The United States has implemented a new $100,000 fee on H-1B visa petitions, effective September 21, 2025, following a presidential proclamation signed by President Donald Trump. The fee applies to all new H-1B petitions submitted on or after that date. It does not apply to current H-1B holders, extensions, or renewals. According to the U.S. Citizenship and Immigration Services (USCIS), the $100,000 payment is required at the time of filing and will be a one-time charge per petition.
The fee does not apply retroactively to pending petitions or petitions filed before the effective deadline. USCIS has clarified that the policy does not impact the validity of existing H-1B visas or the travel rights of individuals currently in H-1B status. The new regulation also restricts entry into the United States for individuals whose H-1B petitions were submitted after the deadline without payment of the $100,000 fee. Consular officers and immigration authorities have been directed to deny admission to such individuals.
Those who have already been issued visas under previously approved petitions are not affected. The Department of Homeland Security and the Department of State have been tasked with implementing the new fee structure and overseeing compliance. The proclamation authorizes these agencies to grant exemptions on a case-by-case basis if the employment of an H-1B worker is determined to be in the national interest and does not pose a risk to public safety or welfare.
USCIS outlines details of $100K H-1B petition requirement
As of the first half of fiscal year 2025, Amazon Services LLC had the highest number of approved H-1B petitions with 10,044 approvals. Tata Consultancy Services ranked second with 5,505 approvals, followed by Microsoft Corporation with 5,189, Meta Platforms with 5,123, Apple Inc. with 4,202, and Google LLC with 4,181. Other major petitioners included Cognizant Technology Solutions, JPMorgan Chase & Co., Walmart Associates, and Deloitte Consulting LLP.
Data from USCIS shows that Indian nationals continue to receive the majority of H-1B visas, accounting for over 70 percent of approvals in the first half of the fiscal year. Indian technology companies and U.S.-based multinationals with offshore operations have historically relied heavily on the H-1B visa program to meet staffing requirements for high-skilled positions. The H-1B program allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring theoretical or technical expertise.
$100K fee applies only to new petitions after set deadline
The program has an annual cap of 85,000 visas, including 20,000 reserved for holders of advanced degrees from U.S. institutions. Demand for H-1B visas consistently exceeds the cap, with a lottery system used to allocate the available visas each year. Companies have begun issuing internal advisories to foreign employees regarding international travel, as travel could affect visa eligibility depending on the timing of petition filings and fee payments. Legal and human resources departments across industries are reviewing compliance strategies in response to the fee requirement.
The policy change has drawn international attention, particularly in countries with high volumes of H-1B applicants. U.S. immigration attorneys and corporate legal teams are evaluating the operational impact of the new regulation on workforce planning, petition timelines, and mobility. Additional guidance from federal agencies is expected in the coming weeks to address implementation procedures and exemptions. – By Content Syndication Services.