The $100,000 H-1B Fee: Illegal, Unjust, and a War on Employment-Based Immigration

On September 21, 2025, the administration’s new policy requiring a $100,000 fee for new H-1B petitions takes effect. This unprecedented move is not just unconscionable; it is unlawful. Immigration fees must be tied to actual processing costs. There is no legitimate statutory authority for imposing a six-figure tax on employers who seek to hire global talent.

This policy is not about protecting American workers. It is about dismantling employment-based immigration by making it economically impossible for all but the largest multinational corporations to participate. Startups, mid-sized companies, hospitals, universities, and research institutions—the very backbone of our economy—are cut out of the process.

At Katsivalis & Anderson Law, we join the American Immigration Lawyers Association (AILA) in condemning this fee. It is a political attack masquerading as regulation, and it will face challenges in the courts, in Congress, and from the business and immigrant communities it harms.

Why This Matters

For decades, the H-1B visa program has allowed U.S. employers to hire highly skilled foreign professionals in fields such as technology, medicine, engineering, and education. These workers fill critical shortages, drive innovation, and strengthen our economy. By slapping a $100,000 price tag on new H-1B petitions, the administration is sending a clear message: skilled immigration is no longer welcome here.

This fee is not tied to processing costs. It is not a reasonable adjustment. It is a weapon designed to shut the door.

FAQs

: What You Need to Know

Q: Who has to pay the new $100,000 fee? Employers filing new H-1B petitions for foreign nationals outside the U.S. seeking to enter must pay the fee.

Q: Does this apply to current H-1B visa holders already in the U.S.? No. Current H-1B employees inside the U.S. are not affected.

Q: What about renewals or extensions? Extensions and renewals for existing H-1B employees are not subject to the $100,000 fee.

Q: What if my employee travels abroad and re-enters? If the worker already has valid H-1B status and a valid visa, they can re-enter without triggering the new fee.

Q: What about first-time H-1B petitions filed for workers already in the U.S.? If the worker is in another status and requires consular processing abroad for the new H-1B, the $100,000 fee may apply. Guidance is still unclear.

Q: Are there any exceptions? Yes, the proclamation allows for “national interest” exemptions for individuals, companies, or entire industries. However, the criteria and process for obtaining these waivers remain vague.

Q: When does the fee take effect? It applies to new petitions filed on or after September 21, 2025.

Our Position

This fee is illegal and a direct assault on employment-based immigration. It threatens businesses, workers, and America’s ability to compete globally. We will continue to fight alongside AILA, our clients, and our communities to challenge this policy in every possible forum.

At Katsivalis & Anderson Law, we believe employment-based immigration is not a loophole to close but a cornerstone of economic growth and innovation. This is not the end of the story. It is the beginning of a fight.