New $100K Fee for H-1B Petitions Starts Sep, 2025

The U.S. government has introduced a $100,000 fee for certain H-1B visa petitions starting September 21, 2025. This fee applies to new petitions under specific conditions and could impact thousands of applicants planning to work in the United States.

When the $100K Fee Applies

You must pay the fee if:

Your H-1B petition is filed on or after September 21, 2025.

You are outside the U.S. and do not have a valid H-1B visa.

Your petition requests consular or port of entry notification.

You are in the U.S. but not in valid status, or you leave before your change of status is approved.

When the Fee Does Not Apply

You don’t need to pay if:

Your petition was filed before September 21, 2025.

You already hold a valid H-1B visa.

Your petition is for an amendment, extension, or change of status inside the U.S. and gets approved.

You travel later with an approved petition or your current H-1B visa.

A Possible Workaround

Some applicants may avoid the $100K fee by entering the U.S. on another visa, like F-1 visa or L-1 visa, and then changing status to H-1B from within the country. However, leaving and re-entering could trigger the fee.

What This Means for Applicants

This new rule is a major change for foreign workers and employers. Anyone planning to file a new H-1B petition should carefully review their situation and get legal advice before taking action.

The update was announced by U.S. Citizenship and Immigration Services (USCIS) and applies only to petitions filed on or after the effective date.