H-1B Visa Changes: What the $100K Petition Requirement Means for Employers

A major change to U.S. immigration will affect hiring: new H-1B petitions filed between September 21, 2025, and September 21, 2026, will include a one-time $100K fee in addition to existing costs. 

Additional guidance around this change is expected in February. 

The H-1B visa is a highly competitive lottery, with approximately 65,000 visas available annually, plus an additional 20,000 for specialized positions. Premium processing typically takes 3–4 months, while general processing can take 5–9 months 

Eligibility Requirements 

• Applicants must hold a bachelor’s degree or higher and intend to work in the U.S. temporarily. 
• The job must require specialized knowledge. Major industries include IT, engineering, science, and healthcare. 

Employer Responsibilities 

• Employers must pay the prevailing wage for the role — see the Foreign Labor Application Gateway (FLAG). 
• Employers have 90 days to submit and complete the petition and fee to U.S. Citizenship and Immigration Services (USCIS). 
• Employers must attest to labor condition requirements. 
• File the petition with USCIS and pay all applicable fees, including the new $100K fee. 

Clarification from the White House 

White House Press Secretary Karoline Leavitt shared the following on X: 

• “This is NOT an annual fee. It’s a one-time fee that applies only to the petition.” 
• Individuals who already hold H-1B visas and are currently outside the U.S. will not be charged \$100K to re-enter.
• H-1B visa holders can leave and re-enter the country as usual; their ability to do so is not impacted by the proclamation. 
• The fee will first apply in the upcoming lottery cycle. 

How Does the Government Shutdown Impact This Process? 

USCIS is a fee-funded agency and can continue processing applications during a government shutdown. However, delays may occur if the application requires information from other agencies, such as the Department of Labor (DOL), which may not be operational during a shutdown. 

USCIS states: 

“If an H-1B, H-2A, H-2B, or CW-1 petitioner meets all other applicable requirements and submits evidence establishing that the primary reason they did not timely file an extension of stay or change of status request was due to the government shutdown, we will consider the government shutdown an extraordinary circumstance beyond the petitioner’s control when we determine whether to excuse their failure to timely file the extension of stay or change of status request." 

What We Don’t Know 

• How employers will make and verify the payment to USCIS 
• Whether the fee applies to change of status petitions 
• Whether it applies to “cap-exempt” employers like universities 
• How employees can seek a fee waiver 
• What the new prevailing wage guidelines will look like 
• Whether there will be legal challenges to the new rule 

How to Communicate with H-1B Visa Holders 

• Be clear and transparent about what you know and don’t know. 
• Encourage employees to consult their own immigration attorneys to assess risk. 
• Review your company’s H-1B process and ensure paperwork is in order.
• Show empathy — visa holders are navigating career uncertainty that affects their families.
• When communicating with employees, include resources such as Employee Assistance Programs (EAP), if available.  

Department of Labor: Project Firewall 

DOL has increased its investment in monitoring employer use of the H-1B visa program. Enforcement is expected to rise as new fee structures take effect. This is a priority area for the DOL, which aims to discourage misuse of the visa process. 

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