New Executive Order Imposes $100,000 Fee on Certain H-1B Visa Petitions

On September 19, 2025, President Trump signed a new Executive Order entitled “Restriction on Entry of Certain Nonimmigrant Workers.” The Order significantly changes how employers can petition for H-1B workers located outside the United States, and it carries major financial implications for companies relying on global talent.

Key Provisions

1. $100,000 Fee for New H-1B Filings

• Effective September 21, 2025, at 12:01 a.m. EDT, employers filing new H-1B petitions for individuals outside the U.S. must pay an additional $100,000 one-time fee.
• This fee applies only to new petitions. H-1B renewals are not subject to the fee.

2. Exemptions

• Current H-1B visa holders with valid status are not affected.
• Petitions filed before September 21, 2025, are exempt.
• The government may grant exemptions for certain workers, employers, or industries deemed in the national interest and not harmful to U.S. security or welfare.

3. Duration

• The fee requirement and restrictions are temporary and set to expire after 12 months, on September 21, 2026, unless extended.

4. Additional Policy Directives

• The Order directs the Department of Labor to adjust prevailing wage levels to ensure higher pay for H-1B workers.
• The Department of Homeland Security is tasked with rulemaking to prioritize high-skilled and high-paid H-1B applicants.

Impact on Employers

• Cost Considerations: The $100,000 fee dramatically increases the cost of hiring foreign workers from abroad. Companies will need to re-evaluate recruitment budgets and hiring strategies.
• Workforce Planning: Employers should carefully review upcoming petitions for candidates outside the U.S. and assess whether to pursue exemptions or consider alternative visa options.
• Travel and Mobility Risks: Although current H-1B holders are exempt, employers should advise employees on international travel, as enforcement details may evolve.
• Compliance: Employers must document proof of payment for the $100,000 fee and monitor new guidance from USCIS and the State Department.

Recommended Employer Actions

1. Audit current and planned H-1B filings for employees abroad.
2. Budget accordingly for any new petitions that may incur the $100,000 fee.
3. Consult immigration counsel to explore possible exemptions or alternative visa strategies.
4. Communicate with affected employees and candidates to manage expectations and reduce uncertainty.
5. Stay informed as the Departments of Labor and Homeland Security issue further rules and guidance.

Additional information about H-1B Visas and the new Executive Order may be found here:

Action Decision Memorandum- HQ Other

H-1B FAQ | USCIS