In a sweeping move that could reshape the U.S. immigration and tech hiring landscape, the Trump administration has imposed a $100,000 non-refundable fee on all new H‑1B visa petitions, effective September 21, 2025.

This policy change is more than a financial burden — it’s a political signal, an economic disruptor, and a potential barrier for global talent seeking to work in the United States.

Here’s what every employer, worker, and immigration advocate needs to know.

The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations that typically require at least a bachelor’s degree. These include roles in:

• Software engineering
• Architecture
• Medicine
• Finance
• Scientific research
• Data and AI
• Civil and mechanical engineering

Originally created by Congress in 1990, the H-1B visa program is capped at:

• 65,000 regular visas per year
• 20,000 additional visas for individuals with U.S. master’s or doctorate degrees

The visa is valid for three years, with the option to extend to six years.

Beginning September 21, 2025, employers filing a new H-1B petition must pay a $100,000 application fee — on top of existing costs.

Here’s how the fees break down:

Fee Type	Amount
New H-1B Application Fee	$100,000
Basic USCIS Filing Fee	$780
ACWIA Training Fee	$750–$1,500
Fraud Prevention Fee	$500
Public Law 114-113 Fee	$4,000 (for large employers)
Premium Processing (optional)	$2,805

These costs are non-refundable and must be paid entirely by the employer. They cannot be passed on to the employee.

This fee applies to new H-1B petitions only. It does not apply to:

• H-1B renewals or extensions
• Transfers between employers (unless a new petition is filed)
• Amendments to existing visa terms

The policy disproportionately affects:

• Startups and small businesses with limited budgets
• Tech and research firms that rely heavily on skilled international talent
• Indian professionals, who make up over 70% of H-1B holders
• U.S.-educated international graduates hoping to transition to full-time work

It may also accelerate a trend toward offshoring, as employers look for ways to reduce costs without sacrificing access to global talent.

The fee was imposed through a presidential proclamation, bypassing the normal federal rulemaking process. Legal experts argue that:

• It exceeds statutory authority granted to USCIS
• It violates the Administrative Procedure Act
• It is arbitrary and discriminatory against smaller companies and foreign workers

Several immigration law groups have indicated they will file lawsuits challenging the legality of the policy.

Who pays the $100,000 H-1B fee?
The employer. U.S. law prohibits employers from shifting the H-1B filing fee to the foreign worker, directly or indirectly.
When did the fee take effect?
The fee applies to all new H-1B petitions filed on or after September 21, 2025.
Does the fee apply to renewals or extensions?
No. The fee only applies to new petitions. If you are renewing or extending your H-1B with the same employer, you are not subject to the $100,000 charge.
Are transfers exempt from the fee?
Only if the petition does not require a new filing. However, in most employer-to-employer transfers, a new petition is filed and the fee may apply.
Are startups or nonprofits exempt?
No. There are currently no exemptions for small businesses, nonprofits, or educational institutions. All petitioning employers are subject to the same fee.
Can the fee be waived or reduced?
No. As of now, there is no fee waiver or reduction available for this fee. Legal challenges are expected, but no exemptions have been granted.
Is this policy being challenged in court?
Yes. Multiple legal experts and advocacy groups have confirmed they are preparing lawsuits challenging the fee on constitutional and administrative grounds.

If you're unsure how this new policy affects your hiring plans or your immigration status, we’re here to help.

Keller Law Group assists:

• U.S. companies navigating the new H-1B process and costs
• Skilled foreign professionals seeking legal guidance on their options
• Immigrant families impacted by sudden policy changes
• Employers exploring alternative visa pathways to fill key roles

Our team stays ahead of immigration developments so you don’t have to. We’ll help you understand the law, protect your interests, and find the best path forward.

Schedule a consultation today.
Keller Law Group, LLC
Phone: (857) 810-8040
Email: hello@kellerimmigration.com
Website: www.kellerlawgroupllc.com