The U.S. government has introduced one of the most significant changes to the H-1B visa program in decades. Beginning 21 September 2025, employers must pay a new $100,000 fee for every new H-1B petition. Without this reimbursement, applicants will not be allowed to enter the United States. While the announcement initially caused panic, clarifications from immigration officials have explained how the policy will work.
Travel Prohibition and Fee Conditions
Starting at 12:01 a.m. EDT on 21 September 2025, H-1B visa holders will only be permitted entry if their employers have reimbursed the $100,000 fee. This is a major leap from the previous charges of around $1,500.
Key points include:
- The new rule applies only to petitions filed on or after 21 September 2025.
- Employers must provide proof of reimbursement when filing petitions.
- Agencies will enforce penalties and audits if payments are not made.
H-1B Visa $100,000 Fee: 9 Major Facts You Should Know
1. Not a Yearly Fee
The $100,000 charge is a one-time fee applied to the first petition only. Existing H-1B holders will not need to pay it annually.
2. Existing H-1B Holders Are Safe
If you already hold an H-1B visa, your lawful status and travel rights remain unchanged. The new fee applies only to new petitions.
3. Applies Only to New Petitions
The rule targets future applicants entering the H-1B lottery. Renewals and extensions are excluded.
4. Effective Date
The law applies only to petitions filed after 21 September 2025. Applications already in the system before that date will not be impacted.
5. Travel Plans Unaffected for Current Holders
Present H-1B holders abroad can continue traveling in and out of the U.S. without paying the new fee.
6. Employer Reimbursement Obligations
Employers must cover the $100,000 charge with every new petition and keep documentation for compliance purposes.
7. Limited Exemptions
Exemptions may be granted only if deemed in the national interest, but these are rare.
8. Enforcement and Penalties
If reimbursements are missing, Homeland Security and the State Department can deny entry. Employers may face penalties, audits, and compliance checks.
9. Higher Salary Standards Coming
The fee is only the start. Immigration agencies plan to raise minimum salary thresholds for H-1B roles and prioritize petitions for highly skilled, highly paid employees.
Impact on Employers and Employees
For employers, hiring skilled international talent will now cost significantly more—up to $100,000 in addition to salaries and other charges. For employees, the barrier to entry is much higher, making the lottery more competitive. Industry groups, particularly in India, have raised concerns about the long-term impact on global operations and families dependent on these opportunities.
Key Facts: H-1B Visa
- Designed for skilled workers with at least a bachelor’s degree
- Initially valid for three years, extendable up to six years
- Issued annually via a lottery system
- Major beneficiaries include tech companies like Amazon, Google, Apple, TCS, and Microsoft
- California remains the top hub for H-1B employees
What Happens Next?
The rule is expected to face legal challenges in U.S. courts. If upheld, it will significantly reshape how companies hire foreign talent. Existing H-1B holders remain unaffected, but new applicants entering the 2026 lottery will face the full weight of the new regulation.
FAQ
Is the $100,000 H-1B fee yearly?
No. It is a one-time payment required for the first petition only.
Do existing H-1B holders need to pay?
No. Current visa holders are unaffected and can continue traveling as usual.
Does this apply to renewals and extensions?
No. The fee is only for new petitions filed after 21 September 2025.
Who pays the fee?
Employers are required to pay the $100,000 charge and provide proof of payment with each new petition.
Are there any exemptions?
Exemptions are rare and may be granted only in the national interest.