Trump’s $100,000 H-1B visa fee starts now — here’s who must pay and who won’t.

What’s changing

Effective September 21, 2025 at 12:01 a.m. EDT, the H‑1B visa program will require employers to pay a US$100,000 one-time fee for new petitions filed for beneficiaries outside the U.S., unless an exception applies. 

Who it affects & who it doesn’t

• Must pay: Employers filing new H-1B petitions for foreign nationals abroad. 
• Exempt: 1) Existing H-1B visa holders and their renewals; 2) Change-of-status or extensions inside the U.S.; 3) Petitions filed before the effective date. 

Why it matters

• The fee dramatically increases cost-barrier for hiring foreign-skilled workers from abroad.
• U.S.-based employers, especially those recruiting new international hires, will need to re-evaluate hiring models, cost budgets and alternative visa strategies.
• Legal teams must advise on compliance, exceptions (including “national interest” waivers) and monitor enforcement and litigation risk. 

Watch-points & open questions

• How strictly will the “outside the U.S.” criterion be interpreted—and will travel or re-entry trigger the fee? 
• How will exemptions under national-interest determinations be applied?
• Litigation outcomes: business groups are already challenging the fee as exceeding executive authority.