What Is the H-1B $100,000 Fee?

The H-1B $100,000 fee is a newly implemented initial fee introduced under a presidential proclamation that took effect on September 21, 2025. The policy adds a one-time, upfront payment for certain new H-1B petitions filed on or after that date.

USCIS describes the measure as part of a broader effort to make employment-based immigration “self-funding” by shifting more administrative costs from taxpayers to sponsoring employers. 

The fee applies primarily to initial H-1B filings for workers outside the United States or cases requiring consular processing, while extensions, amendments, and changes of employer filed within the U.S. are currently exempt.

Because the amount is unprecedented, the rule has already drawn lawsuits from business and immigration groups arguing that it’s excessive and harmful to small employers. Until the courts issue final rulings, USCIS guidance continues to evolve, which is why companies should verify whether their specific petition type triggers the new charge.

The Real Cost of Filing an H-1B in 2025

Beyond the headline-grabbing H-1B $100,000 fee, employers face several other cost increases that went into effect in 2025. When you add everything together, sponsoring one foreign worker under the H-1B program now requires careful budgeting and internal coordination.

Here’s what a typical employer can expect to pay under current rules:

Why Was the $100,000 Fee Introduced?

USCIS and the administration framed the measure as a funding and deterrence tool intended to offset rising asylum-processing expenses and to discourage what they view as overuse of the H-1B program by large employers.

According to the policy brief that accompanied the rule, the $100,000 H-1B initial fee serves three stated purposes:

1. Funding redistribution. Direct new revenue from employment-based petitions toward underfunded immigration benefits programs, including asylum and humanitarian processing.

2. Workforce prioritization. Encourage employers to reserve H-1B filings for roles that truly require advanced skills or specialized knowledge.

3. Administrative streamlining. Reduce overall petition volume to help USCIS focus resources on higher-value filings.

However, the rollout drew immediate pushback from business coalitions, universities, and immigration advocacy groups, who argue that the measure is economically punitive and legally questionable.

Multiple lawsuits were filed within days of the proclamation, alleging that the fee:

• Violates existing fee-setting statutes that require notice-and-comment rulemaking

• Disproportionately harms startups and small employers

• Conflicts with the congressional intent behind the H-1B program, which aims to fill U.S. skill shortages

As of late 2025, there are federal cases pending to suspend or overturn the fee. Until those are resolved, USCIS has issued interim guidance limiting its application to new, consular, or out-of-country filings while exempting most domestic petitions.

The controversy underscores how deeply the H-1B employer costs debate now intertwines fiscal policy, immigration reform, and labor-market politics, which makes continued legal challenges and agency adjustments likely through 2026.

How Employers Should Prepare

With the H-1B $100,000 fee now partially in effect and several other H-1B employer costs changes already implemented, companies sponsoring global talent should start planning conservatively. Even if ongoing litigation narrows the rule’s scope, early preparation helps avoid last-minute disruptions in 2026.

Here’s how employers can prepare now:

1. Build Conservative Budget Scenarios

Factor in all potential costs, including the $100,000 initial fee, the increased registration fee ($215), and the higher base filing fee ($780). Even if a court later blocks the new charge, budgeting for the full amount ensures no surprises if USCIS collects it for qualifying filings.

2. Update Internal Payment Workflows

As of October 28, 2025, USCIS is phasing out paper checks and money orders for most filings. Employers should:

• Authorize ACH or credit card payment options,

• Delegate payment roles carefully to maintain compliance, and

• Verify new procedures with their immigration counsel before filing.

3. Revisit Offer Letters and Cost Allocation Memos

Include updated H-1B cost projections and clarify who covers which government fees. Clear documentation protects both employer and employee and avoids later reimbursement disputes.

4. Re-Evaluate Visa Mix and Hiring Strategy

Companies that rely heavily on H-1B sponsorship may want to explore alternative paths like the O-1 visa (for extraordinary ability) or EB-1A / NIW green cards for top performers. These options can reduce dependency on the H-1B cap and smooth long-term workforce planning.

5. Stay Informed and Document Compliance

Track each filing’s category and payment record. If your company falls under an exemption (for example, U.S.-based extensions or nonprofit status), keep internal notes in case USCIS audits fee compliance.

Plan Ahead for Compliance and Budgeting

The H-1B $100,000 fee marks one of the most significant cost shifts employers have seen in decades. Even though parts of the policy remain under litigation, USCIS has already implemented several other fee increases and payment rule changes that are here to stay.

For employers, founders, and HR leaders, the key takeaway is clear: plan early, consult with an H-1B visa lawyer, document carefully, and budget conservatively.

Building flexibility into visa timelines and payment systems will help your organization stay compliant even as the policy landscape evolves through 2026.

Taghavi Immigration Law continues to monitor the lawsuits and updated USCIS guidance affecting H-1B and other employment-based visa categories. Our team regularly advises businesses on visa cost modeling, fee allocation, and compliance planning so that talent mobility decisions can move forward with confidence.

If your company sponsors international employees, or plans to in 2026, our team can help you understand which fees apply, model realistic budgets, and develop filing strategies that meet compliance requirements under the new rules.

Contact Taghavi Immigration Law to schedule a consultation or request an H-1B cost planning review.