The Trump administration, through a proclamation issued on September 19, 2025, has introduced a new $100,000 fee for employers sponsoring new H-1B workers from abroad. This fee is in addition to existing H-1B petition fees, which typically range from $960 to $7,380 depending on the company's size and type. The U.S. Citizenship and Immigration Services (USCIS) has clarified that this $100,000 fee applies only to new petitions filed after September 20, 2025, for H-1B workers located outside the United States. Existing H-1B visas, renewals, and petitions for status changes within the U.S. (such as from an F-1 student visa to an H-1B) are generally exempt.
The administration cites concerns about H-1B program abuse, displacement of U.S. workers, and threats to national and economic security as the basis for this new fee. The proclamation, Proclamation 10973, leverages the President's authority to suspend entry or impose entry restrictions. The Department of Homeland Security (DHS) Secretary has the discretion to make exceptions in cases deemed to be in the "national interest" and not a threat to U.S. security or welfare.
The new fee has generated significant confusion and concern among businesses, students, and workers both domestically and internationally. Organizations like the U.S. Chamber of Commerce have expressed worries that the fee will hinder economic growth, job creation, and make it particularly difficult for smaller businesses to hire H-1B workers. Medical associations and higher education groups have also requested exemptions, arguing that H-1B workers fill critical roles in underserved areas and high-demand fields. Some Members of Congress have raised concerns regarding potential impacts on U.S. competitiveness and access to global talent. While the White House has attempted to reassure companies that the fee does not affect existing visa holders or their ability to travel, some legal experts still advise caution regarding international travel for H-1B employees until further clarification.
Commerce Secretary Howard Lutnick suggested that the $100,000 fee would make it uneconomical to use H-1B visas for training purposes, encouraging companies to train Americans instead. He stated that if a company needs a "very sophisticated engineer" it can pay the fee. This move is seen by some as a "first step" towards broader H-1B reform, although the process for paying the new fee and other operational details remain unclear. The Trump administration has also initiated the process to propose new regulations concerning additional fees on the H-1B and F-1 Optional Practical Training (OPT) programs.
