President Donald Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”, following which the USCIS issued guidance that adds a one-time $100,000 fee to new H-1B petitions filed on or after Sept 21, 2025. It takes an initial, incremental step to reform the H-1B program, curb abuses, and protect American workers. Renewals are not affected. Employers planning new H-1B hires should review budgets and timelines right away.
H-1B Visa News: Latest Updates
New fee: A $100K payment must accompany new H-1B petitions filed on or after Sept 21, 2025, 12:01 a.m. EDT. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025.
Not retroactive: It does not apply to petitions filed before that time, or to previously issued H-1B visas.
Renewals unchanged: The proclamation does not change fees for H-1B extensions (renewals).
Travel unaffected for current holders: United States Citizenship and Immigration Services (USCIS) states the policy does not prevent current H-1B visa holders from traveling in and out of the U.S.
H-1B Fee Hike $100K
What is “Restriction on Entry of Certain Nonimmigrant Workers”?
It’s a Presidential Proclamation issued on Sept 19, 2025 under INA §§ 212(f) and 215(a) that restricts entry of H-1B workers unless their employer’s petition is accompanied (or supplemented) by a $100,000 payment. The order took effect at 12:01 a.m. EDT on Sept 21, 2025, and is set for 12 months unless extended, with DHS and State directed to implement and enforce it.
Who is primarily affected: For aliens outside the U.S., DHS is directed to restrict decisions on petitions not accompanied by the $100,000 during the 12-month period. The state is directed to issue guidance to prevent misuse of B visas by beneficiaries whose H-1B start date is before Oct 1, 2026.
National-interest exceptions: DHS may, at its discretion, exempt an individual, a company, or an entire industry if hiring those H-1B workers is in the national interest and poses no threat to U.S. security or welfare.
Review & potential extension: Within 30 days after the next H-1B lottery concludes, the Secretaries of State, Labor, and Homeland Security and the Attorney General must recommend to the President whether to extend or renew the entry restriction.
Employer Compliance Steps
Before filing for a beneficiary outside the U.S., employers must obtain and retain documentation showing the $100,000 payment was made.
State must verify receipt of payment and approve only those cases where the employer has paid.
DHS and State will coordinate to deny entry to any H-1B nonimmigrant whose prospective employer has not paid.
H-1B Visa: Employer Costs & Fees
The new $100,000 fee stacks on top of existing H-1B costs introduced in the 2024 fee rule and cap-season guidance:
H-1B registration fee: Increased from $10 to $215 starting with FY 2026 registration (March 2025).
I-129 base filing fee (H-1B): $780 (effective Apr 1, 2024). Other statutory H-1B fees may still apply (ACWIA training fee, Fraud Prevention & Detection fee, and the PL 114-113 fee for certain H-1B-dependent/50+ employers).
Asylum Program Fee: $600 per petition ($300 for small employers ≤25 FTE; $0 for nonprofits).
Bottom line: For new H-1B petitions filed on/after Sept 21, 2025, employers should budget for the $100,000 one-time payment plus the regular H-1B fee stack above (as applicable).
H-1B Fee Hike 2025: Who is Affected (and who isn’t)?
Affected
Employers planning to file new H-1B petitions on/after Sept 21, 2025 (including future cap-subject cases).
Generally not affected
Petitions filed before 12:01 a.m. EDT on Sept 21, 2025.
Extensions/renewals of existing H-1B status (fees unchanged).
Travel by current H-1B holders (no new restriction stated in the USCIS H-1B FAQ).
H-1B Visa Fee Changes: What Should Employers Do?
Re-forecast budgets: Incorporate the $100,000 one-time fee into cost models for new filings, alongside the 2024 fee rule amounts (registration $215, I-129 $780, Asylum Program Fee, and any applicable ACWIA/Fraud/PL 114-113 fees).
Prioritize critical roles: Re-evaluate which positions truly require H-1B sponsorship; explore alternatives (e.g., F-1 OPT, TN, E-3, O-1, L-1) in consultation with counsel.
Confirm employer category: Check if you’re H-1B-dependent or a 50+ employer (potential PL 114-113 fee) and whether you qualify for the Asylum Program Fee discount or nonprofit exemption.
Track cap guidance each year: FY 2026 registration already used the $215 fee and beneficiary-centric accounts; keep an eye on USCIS cap-season pages for future timelines and mechanics.
H-1B Fee Changes: What Should Employers Do
What’s Next: Rulemakings and Additional Reforms
DOL prevailing wage rulemaking: The Department of Labor will propose revisions to raise prevailing wage levels, aiming to upskill the H-1B program and ensure it’s used to hire only the best-of-the-best temporary foreign workers.
DHS lottery prioritization rulemaking: The Department of Homeland Security will pursue a rule to prioritize higher-skilled, higher-paid beneficiaries in H-1B selection over those at lower wage levels.
More changes coming: USCIS notes that additional reforms are under consideration and will be announced in the coming months. Keep monitoring official updates for timelines and details.
Summing Up
USCIS’s FAQ and implementation memo confirm a substantial, immediate increase for new H-1B petitions filed on/after Sept 21, 2025 (12:01 a.m. ET): they must be accompanied by a $100,000 payment, pursuant to the presidential Proclamation issued under INA §§ 212(f) and 215(a). The change is prospective only. It does not alter fees for H-1B extensions/renewals, and it does not restrict travel for current H-1B visa holders. DHS and the Department of State are authorized to coordinate implementation. Employers should update budgets and timing assumptions now. In short: budget for higher upfront costs on new filings, re-prioritize which roles truly warrant sponsorship, and coordinate closely with counsel as agencies roll out year-by-year cap instructions.
OnBlickwill continue to monitor the Proclamation and other changes to the H-1B visa to offer more details as they become available. If you wish to know more about OnBlick’s H-1B services, book a free demo today.
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