Book your Free Consultation
H-1B $100,000 Fee: What’s Really Changing—And What Isn’t

Effective date: 12:01 a.m. EDT, September 21, 2025

Who’s affected: Employers filing new H-1B petitions after the effective date (including the FY-2026 lottery).


The Bottom Line

  • $100,000 fee now applies only to new H-1B petitions filed on/after Sept. 21, 2025.
  • Current H-1B workers with valid visas/approved petitions are not subject to the $100,000 reentry fee. No visas were revoked.
  • Travel: Agencies clarified that the Proclamation does not bar reentry for those already in valid H-1B status based on petitions filed before the effective date.


What the Government Actually Said

  • The Proclamation. The White House order frames the change as curbing abuse of the H-1B program and conditions new entries on additional payment.
  • USCIS Implementation. USCIS confirmed it will apply the requirement only to H-1B petitions filed after 12:01 a.m. EDT on Sept. 21, 2025.
  • FAQs & Consular Guidance. USCIS and the State Department clarified that existing approvals/visas remain valid; the new fee does not retroactively attach to earlier filings.
  • Press Clarification. The Administration publicly reiterated that the fee applies to new petitions, not current visa holders.

Myth vs. Fact

  • Myth: “Every H-1B entering the U.S. now owes $100,000.”

Fact: The fee ties to new petitions filed on/after Sept. 21, 2025—not to prior approvals or current visa holders.

  • Myth: “My team member abroad can’t come back unless we pay now.”

Fact: If their H-1B is based on a pre-Sept. 21 filing and they hold a valid visa, the agencies say they are not subject to the new fee.

  • Myth: “USCIS revoked existing H-1B visas.”

Fact: There has been no mass revocation under the Proclamation; prior visas/approvals remain valid.

What Employers Should Do Now

  1. Budget & timing for FY-2026: If you plan H-1B hiring under the 2026 lottery or other new filings, model the additional $100,000 per case before initiating sponsorship.
  2. Audit your pipeline: Separate candidates tied to pre-Sept. 21 filings (unaffected) from post-effective-date new hires (affected).
  3. Travel protocols: For current H-1B staff, confirm visa validity + petition filing date before international travel; keep copies of approval notices handy at the port of entry.

What H-1B Workers Should Know

  • If you already hold H-1B status and a valid visa, agency guidance indicates you should not be charged the $100,000 for reentry tied to an earlier filing. Carry your I-797, employment letter, and prior I-94 when traveling.
  • If your employer files a new petition now (change of employer, cap case, or new consular processing), discuss the fee and timing before travel or start-date planning.

Quick Reference Dates

  • Sept. 19, 2025: Presidential Proclamation issued. https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
  • Sept. 21, 2025 (12:01 a.m. EDT): Effective date for new filings subject to the fee. https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf

Our Take

This is a targeted but material cost shift for future H-1B sponsorship. For ongoing operations, the immediate disruption should be limited—provided companies verify filing dates and avoid unnecessary refilings that could trigger the fee.

Our immigration team is coordinating filing calendars, cost modeling, and travel protocols for clients navigating the new rule. If you have candidates in the FY-2026 pipeline or pending corporate changes that may require new H-1B filings, we can map the options and timing.

This newsletter is for general information and isn’t legal advice. For advice about your specific situation, please contact our office.

© Copyrights, 2025 Law Offices of Candice Zaguedoun P.A.