H-1B Visa Costs Increased By $100,000 Per Petition

September 24, 2025

What's New

On September 19, 2025, President Trump issued a proclamation, Restriction on Entry of Certain Nonimmigrant Workers, adding a $100,000 payment to most new H-1B filings for beneficiaries outside the United States. The policy took effect September 21, 2025, and will last for 12 months unless it is extended. The administration cites abuse of the H-1B program as the rationale.

USCIS guidance clarifies the payment “only applies prospectively to petitions that have not yet been filed” and does not apply to petitions filed before the effective date or to current H-1B visa holders, including renewals and extensions.

The proclamation also directs DHS to propose rules prioritizing higher paid, higher skilled workers in the H-1B lottery and instructs DOL to revise prevailing wage levels.

What It Means

The $100,000 payment is in addition to existing fees that typically total between $2,000 and $5,000. Petitions filed on or after the effective date without proof of payment will be refused. Agencies have not yet detailed how employers will remit and document the payment. The proclamation also allows national interest exemptions, but procedures remain unclear.

What You Should Do

Employers should review upcoming hiring and budgets for roles requiring new H-1B petitions for candidates abroad and coordinate with counsel on timing. Employers should also:

• consider adopting a travel policy for H-1B employees whose circumstances could trigger a new filing while overseas;
• begin preparing national interest justifications for critical positions; and
• establish internal controls to document the $100,000 payment once agencies release details.

CWC will update members as additional guidance is released.

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