A new presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” imposes a $100,000 H1-B application fee for all “H-1B New” petitions. The order, effective September 21, 2025, mainly applies to prospective H-1B applicants. The new H-1B application fee will primarily impact the FY2027 lottery and potentially H-1B cap exempt cases, which are also filed as “H-1B New” cases. The proclamation did not specifically exclude cap-exempt H-1B petitions, whether filed for a change of status or for consular process, so this remains unclear. While we believe cap exempt petitions filed for a change of status within the U.S. may not be impacted (for example, a previous H1B holder changing from H-4 or F-1 back to H-1B), nothing has been explicitly confirmed by the administration or the agencies. We do anticipate further clarifications will be issued in the coming days.
Exceptions to the required payment are allowed if the Department of Homeland Security (DHS) finds the employment of the H-1B worker is in the “national interest” of the U.S. It remains unclear how the DHS will decide if an H-1B worker is in the national interest or what the process will be for requesting such an exemption. It’s also unclear whether the DHS will examine cases on an individual basis or for entire professions at once.
Frequently Asked Questions About the New Fee
What are the Different Types of H-1B Petitions?
H-1B petitions can be filed for:
- New H-1B Petition: New hire or re-entry into the H-1B program.
- Extension: Continuation of the same job with the same employer.
- Change in Approved Employment: non-material changes, such as minor title changes
- Amendment: Changes to work location, salary, job duties, major title changes, or other material job changes
- Change of Employer: Transfer to a new company.
How does the executive order affect existing H-1B workers?
- Current H-1B beneficiaries are not affected by the new fee.
- If individuals have a pending petition, the fee is not required if it was filed before September 21, 2025.
- Current and in-compliance H-1B workers can travel internationally and re-enter without being required to pay the fee.
Who is not impacted by the new fee?
Individuals filing the following petitions are not required to pay the $100,000 fee.
- Extensions
- Amendments or job title changes
- Change of employer
- Dependents, or H-4 visa
- Existing visas issued before Sept. 21, 2025
The one exception is for individuals changing employers from a cap-exempt industry to a cap-subject industry. The fee is required for these changes.
Example Scenario
John Doe is a software engineering manager looking to hire foreign talent for the company. Here’s what John can expect based on the petition he’s filing:
- First H-1B sponsorship: Subject to the fee because it’s a new petition.
- Extension with the same company: This is not a new petition and therefore not subject to the fee.
- Job title update or location change: This is not a new petition and therefore not subject to the fee.
- Moving to a new employer: This is not subject to the fee unless John’s moving from a cap-exempt position to one that’s subject to the cap. If the latter is true, then John will have to pay the fee.
As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.