New $100,000 Fee Imposed on H-1B Visa Applications

On September 19, 2025, President Donald Trump signed a proclamation introducing a $100,000 fee for new H-1B visa petitions. This fee applies to petitions filed on or after September 21, 2025, at 12:01 a.m. Eastern Time. The proclamation aims to prioritize domestic hiring and address concerns over the H-1B program's impact on U.S. workers.

The fee is required for all new H-1B petitions filed for foreign nationals outside the United States as of the effective date. Current H-1B visa holders and petitions filed before September 21, 2025, are not subject to this fee. The Department of Homeland Security (DHS) has the discretion to grant exceptions if hiring such workers is deemed in the national interest and does not pose a threat to U.S. security or welfare.

The announcement has raised concerns among employers and prospective applicants. Companies that rely on H-1B workers, particularly in the technology sector, may face increased costs, potentially leading to changes in hiring practices or consideration of offshoring certain roles. Legal challenges to the proclamation are anticipated, focusing on the executive branch's authority to impose such fees without new legislation.

In India, where a significant number of H-1B applicants originate, students and professionals are reevaluating their plans to work in the United States. The substantial fee may deter individuals from pursuing opportunities in the U.S., impacting both the applicants and the American companies that have traditionally benefited from this talent pool.