What Does the New $100,000 Fee for H1b Visas Mean for Immigrants?

The H-1B Visa: Understanding the New $100,000 Fee and Its Implications

The H-1B visa has been a primary route for skilled professionals to work in the United States. If you follow immigration news, you may have seen the headline, Trump added a new $100,000 fee for H-1B visas. This fee changes the economics of hiring foreign talent and raises urgent questions about what this means for national and international talent.

What is the New Fee for an H-1B Visa?

The new fee for H-1B visas is a surcharge of $100,000 that the administration added to H-1B petitions. This is in addition to the existing set of USCIS and DOL fees. As a result, the total cost of an H-1B for an employer to sponsor a worker can jump dramatically. This places a heavy hiring investment on companies.

Who Pays the $100,000 Fee?

Legally, the employer pays the H-1B visa fee. U.S. immigration law and USCIS rules generally require that employers cover required petition fees for H-1B sponsorship. They prohibit employers from shifting certain fees onto the employee if doing so would reduce the employee’s wage or violate labor protections. This means that even if a foreign worker offers to pay the surcharge, the employer is typically the party required to pay it when filing the H-1B petition.

There may be narrow exceptions for fees an employer may recover later or for costs that are lawful to allocate. However, the safe assumption is that this $100,000 hiring investment falls on the sponsoring employer.

What is Included in the Total Cost of the New H-1B Visa Fee?

A typical cost breakdown now looks like this when the $100,000 surcharge is added:

• Base USCIS filing fee for Form I-129: approx $460

• ACWIA training fee: $750 or $1,500, depending on employer size

• Anti-fraud fee: $500

• Public Law 114-113 fee: $4,000, when applicable for large H-1B employers

• Attorney fees: usually $2,000 to $8,000, depending on complexity

  
  

New surcharge under the Trump rule: $100,000. Total: easily $110,000 plus legal costs and any premium processing fees.

When Does the Fee Go Into Effect?

The new H-1B visa fee went into effect on September 21, according to a White House statement. The federal government approves 85,000 H-1B visas for international workers, who typically require a bachelor's degree and a set of skills that set them apart from other national and international applicants.

The USCIS has declared that they already reached its applicant cap for the current fiscal year, which ends September 30. Thus, those applications would be excluded from having to pay the fee. However, new applicants filing during the next fiscal year would be subject to it.

Why Was the Fee Added, and What is the Stated Policy Purpose?

The administration framed the fee as a tool to protect U.S. workers and to discourage what it called overreliance on foreign labor. It also aims to generate revenue for government programs. Critics argue that the surcharge will reduce hiring of foreign talent, harm startups and research employers, and weaken U.S. competitiveness.

Who is Most Affected?

• Small and medium employers who cannot absorb a six-figure hiring investment.

• Startups and early-stage companies that depend on technical talent.

• Staffing firms and outsourcing companies that sponsor multiple H-1Bs.

• Foreign nationals who rely on employer-sponsored visas may face challenges since fewer employers may be willing to file petitions.

• Universities and non-profit research employers that are often cap-exempt may be less affected, but that depends on the exact regulatory language.

  
  

Are There Alternative Visas to the H-1B?

With the new hiring investment, alternative visas are the smartest path to keep applying for jobs in the U.S. and keep hiring foreign talent. These options often do not carry the $100,000 surcharge, and some allow self-petition:

O-1 Visa

If you have extraordinary ability in your field, you may qualify for an O-1 visa. This visa is designed for individuals who have risen to the top of their industry in business, science, education, athletics, or the arts. Unlike the H-1B, the O-1 is not subject to a lottery system, and the average investment goes between $8,000 and $12,000.

If you want to make sure that the O-1 visa is the right choice for you, check out this post about the key differences and benefits between the O-1 visa and the H-1B.

EB-2 Visa NIW

The EB-2 visa NIW is for professionals whose work has significant value to the U.S. in areas like public health, technology, sustainability, education, or innovation. The most important characteristic is that you don’t need a job offer or employer sponsorship.

EB-1A Extraordinary Ability Green Card

The EB-1A visa is a first-preference employment-based visa for individuals who have shown extraordinary ability in their field. This could be in the sciences, arts, education, business, or athletics.

Interested in the EB-1A and EB-2 Green Cards? See the key differences between them and check the approval rates in 2025.

H-1B Visa is Not the Only Choice!

The headline that Trump added a new $100,000 fee for H-1B visas is a major shake-up. The practical effect is a dramatic increase in the cost of an H-1B visa for employers. This will prompt many companies and professionals to explore alternative immigration pathways. If you or your company are affected, act now to reassess strategy, document alternative routes like O-1 or EB-2 NIW, and consult experienced counsel.

At Gill Law Firm, we help clients evaluate whether O-1, EB-2 NIW, or EB-1A strategies fit their profiles. We guide employers on compliance and alternative hiring plans. If you'd like, I can also create a brief checklist for employers and a candidate checklist, or prepare the meta description and Google My Business summary optimized with your keywords.