Press Release · Regulatory Alert · September 25, 2025
H-1B $100,000 fee
New Presidential Proclamation Imposes $100,000 H-1B Fee; ImmigrationExam.us Urges Evaluation of Timing and Alternatives
The $100,000 H-1B fee is a payment a presidential proclamation requires with any new H-1B petition filed on or after 12:01 a.m. Eastern on September 21, 2025. Petitions filed earlier, approved petitions, and valid H-1B visas issued before then are not affected.
Sudden fee targets new H-1B entrants — after 12:01 a.m. ET on Sept. 21, 2025. Timing and choice of status can significantly affect exposure to the fee.
A presidential proclamation requires a $100,000 payment with any new H-1B petition filed on or after 12:01 a.m. Eastern on September 21, 2025.
The proclamation does not apply to H-1B petitions that were filed before the effective time, to already-approved petitions, or to individuals holding valid H-1B visas issued prior to that time.
Form I-693, the immigration medical exam form, remains an important and time-sensitive document for many adjustment-of-status filings. USCIS has clear rules on which edition of the I-693 is accepted and on how long a signed form retains evidentiary value. Proper timing for the medical exam can matter for concurrent filings.
For holders of current H-1B authorizations who face renewal or who are considering a new petition, several alternative approaches are commonly reviewed by immigration counsel. These alternatives can, depending on facts and timing, affect whether a new H-1B petition (and the associated fee) would be required:
- Cap-exempt employment with qualifying schools, nonprofit research entities, or affiliated institutions.
- Transfer or extension of an existing H-1B where the beneficiary was previously counted against the H-1B cap.
- Other nonimmigrant classifications such as L-1 (intra-company transfer), O-1 (extraordinary ability), or TN (for eligible Canadian and Mexican nationals), when eligible.
- Employer-sponsored immigrant petition or consular processing strategies that change the timing or need for a new H-1B filing.
“This proclamation changes the filing landscape for new H-1B petitions while preserving prior approvals and valid H-1B visas from the immediate charge. Careful coordination of medical exams, form editions, and filing sequence with immigration counsel and civil-surgeon providers can reduce the chance that a case becomes subject to the new fee.”
ImmigrationExam.us provides USCIS-approved I-693 medical examinations in St. Louis and posts current service information and scheduling options online. Information about medical-exam appointments and required documentation is available at immigrationexam.us. Professional legal advice should be sought for case-specific decisions about visa class changes or fee exposure.
Frequently asked questions
Who has to pay the $100,000 H-1B fee?
The presidential proclamation announced in September 2025 requires a $100,000 payment with any new H-1B petition filed on or after 12:01 a.m. Eastern on September 21, 2025. Because the payment attaches to a new petition, timing and choice of status can significantly change whether a case is exposed to it. Case-specific decisions about visa class or fee exposure belong with an immigration attorney.
Who is exempt from paying the $100,000 H-1B fee?
Under the proclamation, the fee does not apply to H-1B petitions filed before 12:01 a.m. Eastern on September 21, 2025, to petitions that were already approved, or to people holding valid H-1B visas issued before that time. Those groups do not owe the fee. Anyone planning a new petition after that time should review timing with immigration counsel first.
Does the $100,000 fee apply to H-1B renewals and extensions?
It turns on whether a new H-1B petition is required. Already-approved petitions and valid H-1B visas are not affected. For holders facing renewal, immigration counsel commonly reviews a transfer or extension of an existing H-1B where the worker was previously counted against the cap, along with cap-exempt employment and L-1, O-1 or TN status when eligible.