Trump administration’s new $100,000 H-1B visa fee: what it is, who pays, and what’s changing now

The Trump administration’s H-1B overhaul introduced a new $100,000 supplemental payment tied to many new H-1B petitions filed on or after September 21, 2025. The policy is in effect and continues to generate fresh guidance and knock-on effects for employers, universities, and hospitals. Here’s a clear, up-to-date breakdown.

What the $100,000 H-1B payment actually covers

• Scope: The payment is an additional, one-time charge that must accompany certain new H-1B petitions.

• Primary trigger: Cases initiating employment for workers outside the United States and processed for visa issuance at a consulate.

• Effective date: 12:01 a.m. ET, September 21, 2025; petitions filed before that timestamp are not subject to the new payment.

• How it’s paid: Employers submit the $100,000 separately from routine USCIS filing fees, remitted to the U.S. Treasury before or concurrent with filing (documentation of payment is attached to the petition).

• Not an annual tax: The payment is per petition, not a yearly charge. Each new qualifying H-1B case triggers its own $100,000 requirement.

Recent updates emphasize that the fee targets new inbound hires needing consular processing. Details may evolve as implementing guidance is refined and court challenges proceed.

Who must pay—and who is likely exempt

Most likely required

• New cap-subject hires abroad selected in the lottery who will apply for an H-1B visa at a consulate.

• New cap-exempt hires abroad (e.g., nonprofit research or higher-ed affiliates) if they seek visa issuance outside the U.S.

• Change of employer filed for a worker currently abroad and seeking consular processing.

Commonly not required

• Existing H-1B workers inside the U.S. filing extensions or amendments without consular processing.

• Change of employer (transfer) filed inside the U.S. where the worker will remain and begin work on approval without a new visa stamp.

• Petitions filed before Sept. 21, 2025.

Because edge cases exist (for example, an in-country petition that still requests consular notification), employers should align the filing strategy—change of status vs. consular processing—with counsel before submitting.

Immediate impact on hiring and 2026 cap planning

• Budget shock: For many organizations, the $100,000 payment eclipses all other filing costs combined. Some employers have paused or narrowed new international recruiting, particularly for entry-level roles or smaller market worksites.

• Rural and healthcare employers: Systems that rely on specialty clinicians report potential staffing delays where candidates are abroad and must consular process.

• Universities and nonprofits: While many qualify for cap-exemption, they are not automatically exempt from the new payment if the case still triggers consular processing.

• Offer timing: HR teams are front-loading negotiations to determine whether a hire can start in the U.S. via a different status or later switch to H-1B without consular processing, avoiding the new charge.

Practical filing choices employers are weighing

• File in-country when possible: If a candidate is in the U.S. in valid status, a change of status (no consular visit) may avoid the payment.

• Staggered starts: Some employers delay start dates so candidates can enter the U.S. in another lawful status (when available) and then file an in-country H-1B later.

• Role triage: Priority goes to roles with clear revenue or patient-care impact, where the $100,000 can be justified.

• Contract terms: New offer letters increasingly include reimbursement or clawback clauses if an employee exits soon after the employer pays extraordinary government charges (enforceability varies; seek legal advice).

Compliance, proof of payment, and risk points

• Evidence packet: Keep the Treasury payment receipt and any agency-specified confirmation with the petition.

• RFE posture: Cases missing proof of the $100,000 payment (when required) risk Requests for Evidence or refusal to adjudicate.

• Refund expectations: Early practice patterns suggest refunds are not issued for employer-initiated withdrawals after filing; outcomes may differ if a case is denied.

• Public access file: The new payment is separate from wage compliance; prevailing wage and LCA obligations remain unchanged.

Legal challenges and what could still shift

Multiple lawsuits are contesting the administration’s authority to impose the supplemental payment and the way it was implemented. Recent filings and agency FAQs have narrowed ambiguities, but elements could be paused, revised, or further clarified by courts or additional guidance. Employers should plan based on the current rule while monitoring for changes.

Quick checklist for HR and counsel

1. Where is the candidate now? If abroad, expect the payment unless you can structure an in-country filing.

2. What is the filing path? Change of status vs. consular processing determines exposure.

3. Is timing flexible? Adjust start dates to mitigate the fee where lawful and practical.

4. Budget sign-off: Secure executive approval for the $100,000 before LCA posting and case prep.

5. Document everything: Treasury receipt, filing confirmations, and internal memos supporting the route chosen.

The $100,000 H-1B supplemental payment is in force now for many new, consular-processed H-1B cases filed on or after September 21, 2025. It is one-time per qualifying petition, not annual. Expect evolving guidance and litigation, but plan conservatively: verify whether your case triggers consular processing, model the cost, and document payment before filing.