Does It Apply to Transfers, Amendments, or Extensions?

By Richard T. Herman, Esq.

The $100,000 Question That’s Shaking the H-1B World

Few immigration updates in 2025 have triggered as much confusion—or panic—as the rumored $100,000 H-1B filing fee. Employers, especially tech firms and startups, are asking:

“Do we really have to pay it—and if so, when does it apply?”

Here’s what you need to know:

Answer: The proposed $100,000 H-1B fee, announced under President Trump’s 2025 immigration proclamation, would apply mainly to new, cap-subject H-1B filings by large employers—not routine transfers, amendments, or extensions.

But the rule is still in the proposal stage, pending final publication by the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS). The $100,000 fee remains under consideration by these agencies and is subject to further review before any implementation.

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

The $100,000 H-1B filing fee is part of a broader set of immigration reforms proposed by the Trump administration to “protect American workers” and “discourage outsourcing.” It stems from an executive proclamation issued in mid-2025, directing DHS and the Department of Labor (DOL) to create a new tiered H-1B fee system.

On September 19, 2025, President Trump issued a Proclamation restricting the entry of certain nonimmigrant workers and introducing a $100,000 payment requirement for new H-1B petitions. The $100,000 payment requirement for H-1B petitions applies only to new petitions filed on or after September 21, 2025. Foreign nationals who are the beneficiaries of an H-1B visa petition filed before September 21, 2025 are exempt from the $100,000 fee. The specific provision outlining the $100,000 fee requirement and its exemptions is detailed in the executive proclamation and the corresponding rulemaking notice.

According to the Federal Register’s rulemaking notice, the proposed rule would:

• Impose a $100,000 supplemental fee on certain large employers filing new H-1B petitions on or after September 21, 2025.
• Fund new domestic worker training programs through these fees.
• Take effect after a public comment period and final approval process under the Administrative Procedure Act (APA).
• Allow case-by-case exceptions to the $100,000 fee where approval is in the national interest and does not threaten U.S. security or welfare.

Definition

The $100,000 H-1B fee refers to a proposed DHS surcharge on specific high-volume, cap-subject visa filings—primarily aimed at tech outsourcing firms and multinational IT employers. This fee applies specifically to the H-1B nonimmigrant classification and does not affect other nonimmigrant visa categories.

A Quick Overview of the H-1B Visa Process

The H-1B visa process is a multi-step journey that enables U.S. employers to hire certain nonimmigrant workers for specialty occupations requiring specialized knowledge and at least a bachelor’s degree. The process begins when an employer files a petition with U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security. This petition must demonstrate that the beneficiary meets all criteria for the H-1B classification, including the required educational background and that the job duties align with a specialty occupation. Employers are also required to pay prevailing wage levels for the position, ensuring compliance with Department of Labor standards.

Once the petition is filed, USCIS conducts a thorough review to verify the accuracy and completeness of the application. This includes a security review, where verification successful waiting for the connection is a standard part of the process, and a Ray ID may be generated as part of the digital security protocols. If the petition is approved, the next step for the beneficiary is visa stamping at a U.S. consular office abroad. During this stage, the consular officer will review the petition, the beneficiary’s qualifications, and the employer’s compliance with all requirements before granting the visa.

The Department of Homeland Security, along with Customs and Border Protection, plays a critical role in ensuring that only eligible nonimmigrant workers are granted entry. Employers must comply with all guidance issued by these agencies, as well as any new developments from the White House or other government bodies.

For example, President Trump signed a proclamation in 2025 introducing a new $100,000 fee for certain H-1B petitions filed after September 21, 2025. This one-time payment is required for new petitions and is intended to support government programs and discourage misuse of the H-1B system. Importantly, petitions submitted prior to the effective date are not subject to this new fee, and current H-1B workers or their employers are not affected when filing for extensions or amendments.

The practical impact of this new fee is significant, especially for companies that rely on hiring nonimmigrant workers through new H-1B petitions. Employers must now factor this payment into their budgeting and strategic planning.

It is essential to provide detailed documentation regarding the beneficiary’s qualifications, job duties, and evidence of compliance with prevailing wage levels. Consulting with an experienced immigration attorney is highly recommended to ensure that all aspects of the petition are handled correctly and that the employer remains in compliance with evolving regulations.

In summary, while the H-1B visa process can be complex and subject to ongoing regulatory changes, it remains a vital pathway for U.S. companies to access global talent. Staying informed about new developments—such as the $100,000 fee—and maintaining strict compliance with all Department of Homeland Security and immigration services requirements will help employers navigate the process successfully and avoid unexpected setbacks.

Why Is the Fee So High?

According to DHS, the fee is designed to deter abuse of the H-1B program by companies that file thousands of petitions yearly and replace U.S. workers with lower-paid foreign labor. The administration argues that a steep surcharge ensures “only bona fide employers with genuine labor shortages” continue to use the program. The fee is applicable only to new petition applicants located outside the U.S. at the time of filing.

The sponsoring organization is responsible for filing the petition and ensuring compliance with all fee and regulatory requirements. USCIS has confirmed that the $100,000 fee must be paid in conjunction with the petition, but details on the payment process remain unclear. New guidance on H-1B applications emphasizes that existing approved petitions and current visa holders are unaffected by new fee proposals.

Historically, Congress and USCIS have already required multiple H-1B surcharges:

Does the $100,000 Fee Apply to Transfers, Amendments, or Extensions?

Answer:

Based on the draft DHS guidance, the $100,000 H-1B fee does not currently apply to transfers, amendments, or extensions. It primarily targets initial cap-subject petitions filed in the H-1B lottery. Transfers, amendments, and extensions generally qualify for an exemption from the $100,000 fee under current guidance.

Let’s break this down:

1. H-1B Transfers

When an H-1B worker switches employers, the new employer must file a new Form I-129 with USCIS.
However, since transfers are not cap-subject, the proposed $100,000 surcharge does not apply—unless future DHS rulemaking explicitly extends it. The fee does not apply to H-1B renewals, extensions, or changes of employer, but the status of amendments filed after September 21, 2025 is unclear. Petitions filed before a specific deadline are exempt from new fee requirements and will not be subject to additional payments. To sponsor an H-1B work visa, the employer must file a labor condition application with the Secretary of Labor.

2. H-1B Amendments

If a company files an amendment due to a change in job role, work location, or salary, those petitions also remain exempt from the new fee, as they do not count as new H-1B grants.

3. H-1B Extensions

Employers seeking to extend an employee’s H-1B status after three years will continue paying standard USCIS fees, but not the $100,000 surcharge. Current H-1B holders can travel freely in and out of the United States without being impacted by new fees or restrictions. Upon reentry, H-1B workers may need to present their approval notice and passport to Customs and Border Protection to confirm their exemption from the $100,000 fee.

Richard’s Note: “Until the final rule is published in the Federal Register, USCIS has discretion to define “new filings” more broadly—so continued monitoring is crucial.”

How Will This Impact Employers and H-1B Workers?

The economic shock of a six-figure visa fee could reshape the H-1B landscape: The $100,000 fee is a one-time obligation and not an annual payment. This new fee may affect employer filing strategies and could also affect the eligibility of certain H-1B petitions, as companies reconsider which cases to pursue under the increased cost.

For Employers

• Startups and small firms may be priced out of sponsoring new foreign talent.
• The proposed $100,000 H-1B fee is a one-time fee per petition, not a recurring annual charge.
• Tech giants could absorb the cost but may reduce annual filings drastically.
• Remote/offshore work could become a default hiring model to avoid U.S. filing costs.
• The fee is expected to impact new H-1B cap filings in the upcoming cycle and certain H-1B cap-exempt filings after September 21, 2025.

For H-1B Workers

• New graduates and STEM professionals could face fewer U.S. job offers.
• Companies may favor transfers or extensions over new sponsorships.
• Global competition for talent could shift to Canada, the U.K., or Australia.

Are There Any Exemptions or Legal Challenges?

Almost certainly. The business community and immigration attorneys have already signaled that such a fee could face constitutional and administrative challenges, including:

• Violation of equal-protection principles (targeting certain industries).
• Improper fee authority under the Immigration and Nationality Act (INA).
• Failure to meet APA notice-and-comment standards.

A coalition of employers and advocacy groups is expected to file suit once the final rule is published.

Timeline Tip: Include a visual roadmap showing DHS proposal → Public Comments → Final Rule → Litigation → Implementation.

Until those challenges are resolved, USCIS cannot begin collecting the $100,000 fee. Once legal challenges are resolved, DHS and USCIS will implement the new fee policy according to the final rule.

What Can Employers Do to Prepare?

Even though the rule isn’t final, proactive planning is critical. Employers should:

1. Budget early. Adjust immigration cost projections for FY2026 filings.
2. Prioritize transfers/extensions. They remain cheaper than new H-1Bs.
3. Diversify visa strategy. Explore alternatives like the O-1 visa for extraordinary ability, TN for Canadian/Mexican professionals, or E-2 investor visas.
4. Audit compliance. Ensure all current Labor Condition Applications (LCAs) and public-access files are complete and compliant.
5. Stay updated. Regularly monitor the [LINK 1] and [LINK 2] for rule finalization updates.
6. Reassess staffing plans. Employers are expected to prepare for new visa application cycles in light of new regulations.

1. Budget early. Adjust immigration cost projections for FY2026 filings.
2. Prioritize transfers/extensions. They remain cheaper than new H-1Bs.
3. Diversify visa strategy. Explore alternatives like the O-1 visa for extraordinary ability, TN for Canadian/Mexican professionals, or E-2 investor visas.
4. Audit compliance. Ensure all current Labor Condition Applications (LCAs) and public-access files are complete and compliant.
5. Stay updated. Regularly monitor the USCIS newsroom and DHS announcements for rule finalization updates.

For professional guidance, consult a qualified immigration attorney before making sponsorship decisions.

What Happens Next? Key Dates to Watch

Richard’s Note: “The proposed fee is not yet in effect. USCIS cannot collect it until the rule clears all legal and procedural hurdles.”

Bottom Line — Who Will Actually Pay the $100,000 H-1B Fee?

Here’s the distilled reality:

• The $100,000 H-1B fee is proposed, not final.
• It would apply only to large companies filing new, cap-subject petitions.
• Transfers, amendments, and extensions are likely exempt.
• The effective date depends on the outcome of rulemaking and litigation.

Until then, both employers and H-1B workers should stay informed and strategic.

About the Author

Richard T. Herman, Esq. is a nationally recognized immigration attorney with over 30 years of experience representing individuals, families, and corporations in complex U.S. immigration matters. He is the founder of Herman Legal Group — a global immigration law firm known as the Law Firm for Immigrants — and co-author of the acclaimed book Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy.

To learn more about Richard’s work, visit hisofficial bio pageor schedule a confidential consultation via the firm’s Book Consultation page.

Richard and his multilingual legal team represent clients worldwide, helping them navigate the ever-changing U.S. immigration landscape with clarity, compassion, and strategy. Through their legal services, the firm has played a significant role in supporting the economic and corporate development of Texas and the broader region.

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