When news broke that the U.S. government would start charging a $100,000 fee for new H-1B visa petitions, it sent shockwaves through immigrant communities and the companies that depend on skilled workers. Questions came pouring in: Does this apply to me? Do I have to pay it? What if I already have a visa?
If you’re worried or just trying to make sense of it all, you’re not alone. Below, we’ve gathered the most common questions people are asking and broken them down in plain language.
Who is actually affected by this new fee?
If you already have an H-1B visa, you don’t need to panic.
- If you’re already in the U.S. on an H-1B visa: You do not owe this new fee. Your current status is safe, and you won’t be charged to maintain it or to re-enter the country.
- If you’re renewing or extending your H-1B: You’re also in the clear. Renewals and extensions are not covered by this new rule.
- If you’re applying for the first time: This is where the fee comes in. The $100,000 charge applies to brand-new petitions filed after September 21, 2025, including applications submitted during the H-1B lottery.
When the announcement first came out, some H-1B holders abroad scrambled to return to the U.S. out of fear they wouldn’t be let back in. But both USCIS and CBP later confirmed that valid visa holders will not be charged or denied entry because of this rule.
Do employees have to pay the fee, or is it on the company?
If you’re an H-1B worker, here’s some relief: you are not expected to foot this bill.
Under U.S. law, employers, not employees, are required to pay almost all of the fees tied to the H-1B process. These costs are treated as part of doing business, not as something workers have to cover out of their own pocket.
The new proclamation doesn’t spell out exactly who pays the $100,000 fee, but immigration lawyers widely agree it will fall on the employer. This follows the long-standing principle that companies carry the financial responsibility when they choose to sponsor an H-1B worker.
That said, this enormous price tag could influence how many companies are willing, or able, to bring in foreign talent moving forward.
Will this rule face legal challenges?
Almost certainly.
Attorneys and advocacy groups are already preparing to challenge the new fee in court. Here’s why:
- Presidential authority may not cover this: The president can limit entry under Section 212(f) of the Immigration and Nationality Act, but experts argue that charging $100,000 goes far beyond simply “limiting entry.” In their view, it’s more like creating a tax without Congress.
- The fee seems arbitrary: USCIS is allowed to charge fees to cover costs, but $100,000 is far beyond what it takes to process a petition. Critics say it’s not about administration; it’s about deterring applications.
- It may violate the Administrative Procedure Act (APA): Normally, big policy changes must go through a “notice and comment” process. This rule was imposed without that, which could make it legally vulnerable.
If lawsuits succeed, courts could put the fee on hold through an injunction. That means the fee might not go into effect on time or at all, depending on how the challenges play out.
Are there any exemptions?
Yes, but they’re limited.
The proclamation gives the Secretary of Homeland Security the power to waive the fee for cases deemed in the national interest. This is intentionally broad, but some groups are already being discussed:
- Doctors and medical residents, especially in underserved areas where shortages are serious.
- Cap-exempt employers, such as universities, nonprofit research organizations, and certain government institutions, which have historically been treated differently under H-1B rules.
Still, there is no clear process yet for how these exemptions will be granted. If you think your work might qualify, it’s best to consult with an immigration attorney.
Why is the fee sparking so much controversy?
Because it’s unlike anything we’ve seen before.
H-1B fees have always been in the thousands, not the hundreds of thousands. Raising the cost to $100,000 changes the game entirely.
- For employers, this could mean that smaller businesses and startups simply can’t afford to sponsor H-1B workers anymore.
- For the economy, critics worry it could hurt innovation, especially in tech, engineering, and healthcare—fields that rely heavily on global talent.
- For workers, it creates uncertainty and fear, even for those not directly affected. Many wonder what other costs or barriers could be introduced in the future.
In short, the fee doesn’t just add a financial hurdle. It reshapes who gets to compete for global talent and what opportunities remain available.
What should you do right now?
- If you already have an H-1B visa: Rest assured, this fee does not apply to you. Continue with your renewal or extension plans as usual.
- If you’re an employer planning to file: Talk with an immigration attorney now. You’ll need to weigh the risks, costs, and possible exemptions.
- If you’re a prospective H-1B worker: Keep an eye on legal challenges. It’s possible this fee could be delayed or even struck down before it fully takes effect.
Conclusion
The $100,000 H-1B fee has created a storm of confusion and fear, but here’s the bottom line:
- It only applies to new H-1B petitions filed after September 21, 2025.
- Current visa holders and renewals are not affected.
- Employers, not employees, will be responsible for paying it.
- Legal challenges could still stop or delay the policy.
- Limited exemptions may apply for doctors, researchers, and certain nonprofit roles.
This is a developing situation, and the system could change quickly. For now, the best step you can take is to stay informed and, if you’re directly impacted, seek advice from a qualified immigration attorney.
Need guidance on how the new H-1B fee could affect you or your company? Don’t wait until deadlines or costs catch you off guard. Connect with an experienced immigration attorney today through ImmigrationQuestion.com. We’ll match you with trusted professionals who can explain your options, protect your interests, and help you move forward with confidence.
