The $100,000 H-1B Fee Explained: Continuously Updated Guide for Workers & Employers

Updated September 30, 2025.

A presidential proclamation restricts entry to the U.S. in H-1B status unless a $100,000 surcharge accompanies the petition.

What changed in plain English

• New $100,000 surcharge on H-1B petitions
• Not annual; not for current holders
• Rulemaking is coming
• Case-by-case exceptions
• DHS proposed wage-based lottery reform

Who is affected vs. not affected

Affected

New H-1B petitions only.

Not affected

• Existing H-1B holders
• Renewals and extensions

Government guidance so far

• Official proclamation text
• White House clarification
• USCIS internal memo
• AILA practice alerts

Employer playbook

Employers should consider the following actions:

• Scenario-plan non-H-1B routes
• Audit upcoming H-1B hiring plans
• Adjust travel posture for current staff
• Review compensation and compliance practices
• Prepare exception dossiers for critical hires
• Exercise patience as rulemaking proceeds

Individual Strategy

If you currently hold H-1B

Your status is not affected. Renewals and extensions are exempt from the fee.

If you are preparing a new H-1B petition

Budget for the $100,000 surcharge if filing for someone outside the U.S., or explore change-of-status options inside the U.S. to avoid the fee.

Alternative visa pathways

• O-1A/O-1B - No caps or fees; good for extraordinary ability
• L-1 - Intra-company transfers; no lottery or fees
• E-2 - Treaty investor visa for entrepreneurs
• EB-2 NIW - Self-sponsored green card; no employer required
• E-3 - Visa for Australian nationals

For international students

Change-of-status from F-1 inside the U.S. avoids the $100K fee. Avoid travel during pending H-1B petitions.

For dependents

H-4 dependents are not directly affected, but may face delays if principal H-1B petition is delayed due to cost considerations.

Common questions

Is the $100K fee annual?

No, it applies only to new petitions, not renewals.

Does this affect current H-1B holders?

No, only new petitions filed after September 21, 2025 for workers outside the U.S.

Can the $100K be waived at the border?

No, the fee must be paid before the petition is submitted.

Who pays the fee, the employer or employee?

Employers are responsible for paying the fee as part of petition costs.

Are H-4 dependents affected?

Not directly, but delays in principal petitions may affect dependent visa processing.

Are there exemptions or waivers?

The proclamation mentions potential case-by-case exceptions, but guidance is limited.

Will H-1B lottery rules change because of this?

DHS has proposed wage-based lottery reforms to prioritize higher-paid positions, which may work in tandem with the fee.

Source-of-truth documents

For the most current information, refer to:

• Official proclamation text
• White House clarification statements
• USCIS official guidance and memos