Trump's $100,000 H-1B visa fee: what changed and who it affects
Learn when the $100,000 H-1B visa fee applies, who's exempt, how to pay, whether cap-exempt employers are affected, and what the latest legal challenges mean for the H-1B visa in 2026
On September 19, 2025, President Trump signed a presidential proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers" that added a $100,000 supplemental fee to certain new H-1B visa petitions. The fee took effect on September 21, 2025, and applies to petitions filed for workers who are outside the United States and don't already hold a valid H-1B visa.
The H-1B visa fee increase doesn't apply to everyone. If you're already in the U.S. on a valid visa and your employer files for a change of status, extension, or transfer, the fee doesn't apply. But if you're abroad and need consular processing, your employer will need to pay $100,000on top of the standard filing fees before USCIS will even process the petition.
Here's everything you need to know about how this H-1B visa program change works, who's affected, and what options exist.
Key facts about the $100,000 H-1B visa fee
- Effective date: September 21, 2025, at 12:01 a.m. EDT. Applies to all new H-1B visa petitions filed after this time.
- Who pays: The employer (petitioner), not the worker. Payment must be made through Pay.gov before filing the I-129 petition with USCIS.
- Core trigger: The fee applies when the H-1B visa beneficiary is outside the U.S. and doesn't hold a valid H-1B visa, or when the petition requests consular notification.
- Who's exempt: Workers already in the U.S. who are approved for a change of status, extension of stay, amendment, or employer transfer. Petitions filed before September 21, 2025 are also exempt.
- Not a recurring fee: This is a one-time payment per applicable petition, not an annual charge. But if a new petition is filed later that triggers the fee (such as a new employer filing for consular processing), the fee applies again.
- No announced refund policy: USCIS has not confirmed whether the fee is refundable if a petition is denied.
- Legal status: A federal judge upheld the fee on December 23, 2025. The U.S. Chamber of Commerce filed an appeal on December 29, 2025. Two additional lawsuits (by 20 state attorneys general and by Global Nurse Force) remain pending.
When does the $100,000 H-1B visa fee apply?
The simplest way to think about this: the fee applies when the worker needs to enter the U.S. on a new H-1B visa. If they're already here and staying here, it generally doesn't.
| Your situation | Fee required? |
|---|---|
| You're inside the U.S. and your employer files for H-1B visa change of status | No |
| You're inside the U.S. and your employer files for an H-1B visa extension | No |
| You're inside the U.S. and you're transferring to a new H-1B visa employer | No |
| You're on F-1 OPT inside the U.S. and switching to H-1B visa status | No |
| You're abroad with a currently valid (unexpired) H-1B visa | No |
| You hold a valid H-1B visa and travel in and out of the U.S. | No |
| Your petition was filed before September 21, 2025 | No |
| You're abroad without a valid H-1B visa and your employer files a new petition | Yes |
| Your petition requests consular notification, even if you're currently in the U.S. | Yes |
| You filed for change of status but leave the U.S. before USCIS approves it | Yes |
| You filed for change of status but USCIS determines you're not eligible | Yes |
Does the H-1B visa fee apply to cap-exempt employers?
Yes, cap-exempt employers are subject to the fee too.
The proclamation applies broadly to H-1B visa petitions, not just cap-subject ones. Universities, nonprofit research organizations, and government research institutions are not specifically exempted. If a cap-exempt employer files a new H-1B visa petition for a worker who is outside the U.S. and doesn't have a valid H-1B visa, the $100,000 fee applies.
That said, cap-exempt employers may have a stronger argument for obtaining a national interest exception (see below), particularly if the role involves research, healthcare, or national security work.
H-1B visa fee impact on workers already in the U.S.
If you're already in the United States on a valid nonimmigrant visa, you're largely unaffected by this H-1B visa fee increase. Here's why:
F-1 students switching to H-1B: If you're on F-1 OPT and your employer files an H-1B visa petition requesting a change of status (not consular processing), the fee does not apply. About three-quarters of first-time H-1B workers graduated from U.S. universities, so the fee's practical impact on the H-1B cap lottery is narrower than the headlines suggest.
Current H-1B visa holders: Extensions of stay, amendments to current petitions, and employer transfers filed while you're in the U.S. are all exempt. Your employer does not need to pay the fee for routine H-1B maintenance.
Workers on TN, L-1, O-1, or other visas: If you're currently in the U.S. on a different visa and your employer files for a change of status to H-1B, the fee does not apply as long as the petition is approved as a change of status (meaning you remain in the U.S.).
National interest exception
The only way to avoid the fee on an otherwise applicable petition is through a national interest exception granted by the Secretary of Homeland Security. USCIS describes this as an "extraordinarily rare circumstance" that requires meeting all four of these criteria:
- The worker's presence in the U.S. as an H-1B worker is in the national interest
- No qualified American worker is available to fill the role
- The worker does not pose a threat to U.S. security or welfare
- Requiring the employer to pay the fee would "significantly undermine U.S. interests"
In practice, this exception is designed for truly unusual cases. DHS has not published detailed guidance on what qualifies, and the "significantly undermine U.S. interests" standard is a high bar. Healthcare employers in underserved areas and defense-related positions may have the strongest arguments, but there's no guarantee.
How employers pay the H-1B visa fee
The $100,000 H-1B visa fee is paid by the employer, not the worker. Here's the process:
- Before filing: The employer must make the payment through the Pay.gov system before filing the I-129 petition with USCIS. The payment form is titled "H-1B VISA PAYMENT TO REMOVE RESTRICTION."
- Include proof with the petition: When filing form I-129, the employer must attach either proof of payment from Pay.gov (showing the payment has been scheduled or completed) or evidence of an approved national interest exception from DHS.
- Without proof, the petition is denied: USCIS will deny any petition that's subject to the fee but filed without proof of payment or an approved exception. There's no grace period or option to pay after filing.
The fee is separate from and in addition to the standard H-1B filing fees ($460 base fee, $500 fraud prevention fee, $150 or $750 ACWIA training fee depending on employer size, and optional $2,805 premium processing fee).
H-1B visa news: what else is changing in 2026
The $100,000 fee isn't the only major H-1B visa program change. Here's what else is happening:
Wage-weighted H-1B visa lottery (effective February 27, 2026): DHS finalized a rule on December 23, 2025, that changes how H-1B lottery selections work. Workers at Level IV wages get 4 lottery entries, Level III gets 3, Level II gets 2, and Level I gets 1. This increases selection odds for higher-paid workers by up to 107%. Read our full breakdown of the weighted lottery →
FY 2027 H-1B cap registration: USCIS announced the registration period will open March 4, 2026, and run through March 19, 2026. All petitions selected in this lottery and filed for overseas beneficiaries will be subject to the $100,000 fee.
Social media vetting: Starting December 15, 2025, the State Department requires H-1B visa applicants (and family members seeking H-4 visas) to make their social media profiles public for consular review. This has already caused delays at consulates in India, with some interviews rescheduled to July 2026 and beyond.
Project Firewall: The Department of Labor announced a new enforcement initiative on September 19, 2025, to investigate H-1B employer compliance and protect U.S. worker wages and job opportunities.
Find H-1B Visa Sponsors →
Frequently Asked Questions
Will the $100k H-1B fee be challenged?
It already has been, from three directions. The U.S. Chamber of Commerce and the Association of American Universities sued in October 2025, but a federal judge upheld the fee on December 23, 2025. The Chamber filed an appeal on December 29. Separately, a coalition of healthcare providers and labor unions (Global Nurse Force v. Trump) filed suit in Northern California, and 20 state attorneys general filed a challenge in Massachusetts. All three cases are ongoing. The fee remains in effect unless a court issues an injunction.
I left the U.S. for a family emergency and my employer withdrew my H-1B visa petition. Do I owe the fee to come back?
This is one of the most common situations people are dealing with. If your petition was withdrawn and you're now outside the U.S. without a valid H-1B visa, your new employer would need to file a new petition, and yes, the $100,000 fee would apply. Your I-797A approval alone isn't enough to re-enter. If you're in this situation, talk to an immigration attorney about whether filing a change-of-employer petition before leaving (if possible) or waiting for the legal challenges to resolve is the better path.
I'm on H-1B visa status and got laid off. Does the fee apply if a new employer sponsors me?
It depends on timing. H-1B visa workers have a 60-day grace period after job loss to find a new employer, change to another visa status, or leave the U.S. If your new employer files an H-1B visa transfer petition while you're still inside the U.S. and within that grace period, the fee does not apply. But if you've been unemployed for more than 60 days, you may be considered out of status. If USCIS determines you're out of status, the petition would need consular processing and the fee would apply. Employers hiring H-1B transfer candidates should aim to file within 45 days to allow preparation time within the 60-day window.
I changed employers inside the U.S. Can I still travel abroad for visa stamping without triggering the fee?
Yes. USCIS confirmed that if a change-of-employer petition is approved as an extension of stay inside the U.S., the fee does not apply even if you later travel abroad and apply for a new H-1B visa stamp at a consulate. The key is that the petition was approved for in-country processing. You're getting a visa stamp based on an already-approved petition, not filing a new one.
Is the fee per petition or per year?
Per petition. It's a one-time payment required when filing an applicable H-1B visa petition. It's not an annual charge. However, if you change employers and the new employer files a petition that triggers the fee (such as consular processing for a worker abroad), the fee applies again on that new petition.
Can my employer pass the fee on to me?
No. Under federal law, H-1B visa filing costs are the employer's responsibility. An employer cannot require the worker to reimburse or prepay any filing fees, including this supplemental fee.
Does the H-1B visa fee apply to H-1B renewals?
No. The USCIS FAQ explicitly states the fee "does not change any payments or fees required to be submitted in connection with any H-1B renewals."
What happens if the lawsuits succeed?
If a court issues an injunction or strikes down the proclamation, the fee would be suspended or eliminated for future filings. The Chamber of Commerce appeal is expected to reach the D.C. Circuit by mid-2026 and could potentially go to the Supreme Court. Two other lawsuits remain pending. For now, the fee remains in effect.
About the Author
Founder & CEO @ Migrate Mate
I moved from Australia to the United States in 2023, have had 3 jobs, and 3 different visas. I started Migrate Mate to help people like me find their dream job in the USA & help them get visa sponsorship.
