U.S. Imposes $100,000 Fee on H-1B Visa Petitions for Workers Outside the U.S.

Current rules

The entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA is restricted, unless their petitions are accompanied or supplemented by a payment of $100,000. The restriction includes decisions on petitions for H-1B workers currently outside the United States. This restriction has exceptions for national interest determinations by the Secretary of Homeland Security.

Overview

Effective 21 September 2025, the President has issued a proclamation significantly changing the H-1B nonimmigrant visa programme. Employers filing H-1B petitions for workers currently outside the United States must now include a mandatory $100,000 payment. This restriction, applicable in the U.S. jurisdiction, is intended to address alleged systemic abuses of the H-1B programme and is set to expire after 12 months unless extended.

What changed in the latest version

This change makes it much more expensive for US employers to use the H-1B programme. This is especially true for workers who are currently outside the United States. This is because of the new $100,000 payment for each petition. Companies must now plan to spend much more money for each H-1B worker they want to bring into the country. This applies unless the government grants an exception for the country's interest. For H-1B visa applicants outside the US, their employer must make this large payment for their petition to be approved. This might mean fewer job opportunities if companies do not want to or cannot pay the extra cost. The policy also adds new rules for employers to follow. If employers do not have the right payment documents, the government will deny entry. This affects how visas are processed and how people enter the country.

Explained simply

Imagine getting a special pass to work in the U.S. that most tech companies use. Now, if your company wants to bring you from another country, they have to pay a huge extra fee, $100,000, just for you to get that pass. This is because the government thinks some companies have been using these passes unfairly, making it harder for American workers to find jobs, especially in tech. So, they're making it much more expensive to bring in workers from outside the U.S. on this specific type of pass.

Frequently asked

Version history

1. v9Effective 21 Sept 2025EffectiveCritical impact
   U.S. Imposes $100,000 Fee on H-1B Visa Petitions for Workers Outside the U.S.

   From 21 September 2025, a new Presidential order limits people who can enter the United States as H-1B nonimmigrant workers. An H-1B nonimmigrant worker is a person who enters the US temporarily to work in a specialty occupation. These are jobs that need a university degree or higher. Employers must pay $100,000 for each H-1B petition. A petition is a formal request for an H-1B worker. This payment must go with the petition or be added to it. The Secretary of Homeland Security will stop decisions on H-1B petitions for workers who are currently outside the US if the payment is missing. This will last for 12 months. There is an exception for cases that the government decides are important for the country's interest and do not pose a security risk. This new rule aims to stop what the government sees as misuse of the H-1B programme, especially in IT jobs. It affects both employers and people who want to become H-1B workers.