US Details H-1B Visa Applicants Eligible for $100K Fee Waiver
The Trump administration has announced a new policy requiring US employers to pay a $100,000 fee for each new H-1B visa petition filed after 21 September 2025.
The fee applies to all petitions submitted for the 2026 H-1B visa lottery and any new applications filed after the deadline. It must be paid in full at the time of petition submission. The measure, introduced through a presidential proclamation, is part of a broader effort to change how the United States manages skilled immigration and its economic impact.
Several exemptions have been outlined to reduce disruption for specific groups. International students already in the U.S. on F-1 visas, including those working under Optional Practical Training (OPT), will not be required to pay the fee when changing to H-1B status. Employers filing renewals for existing H-1B holders are also exempt, as are workers with petitions approved before the September 2025 cutoff.
However, the proclamation specifies that petitions requesting consular processing, port of entry notification, or pre-flight inspection may still incur the fee, even if the applicant is already in the United States. This means that many candidates currently outside the country could face the full financial requirement.
In addition, a related presidential order issued on 19 September 2025 restricts entry for certain non-immigrant workers. Under this rule, H-1B applicants seeking to enter the United States must have a petition that includes the $100,000 payment. Current H-1B visa holders with valid visas may continue to travel internationally without paying the new fee.
The Department of Homeland Security will handle exemption requests in exceptional cases. Employers may apply for a waiver by showing that the applicant’s employment serves the national interest, poses no risk to public welfare or security, or fills a position with no qualified US worker available. Officials have indicated that such waivers will be granted only in limited circumstances.
The new policy has prompted employers to reassess hiring plans, particularly in industries such as technology, healthcare, and academia that rely heavily on international talent. Legal experts are advising companies to review petition categories carefully to ensure compliance and determine eligibility for exemptions.
For foreign students and current visa holders, immigration advisers are emphasising the importance of maintaining lawful status and avoiding travel outside the US while any change of status or renewal is pending.
