$100K H-1B Fee & Wage Rule Change: What You Need to Know

The H-1B visa program is undergoing one of the most significant changes in recent history. A new $100,000 fee requirement for certain new H-1B petitions, combined with proposed wage-based lottery reforms, will reshape how employers hire and how foreign nationals plan their immigration paths.

Effective 12:01 a.m. EDT on September 21, 2025, new H-1B petitions must be accompanied by a $100,000 payment. The requirement is laid out in a Presidential Proclamation restricting entry of certain H-1B workers unless the fee is paid. The rule applies for 12 months from the effective date.

The new fee applies to petitions filed after the effective date. It does not apply to extensions of stay or petitions filed before September 21, 2025. Current H-1B holders with valid visas are not subject to the fee when reentering.

DHS has proposed a wage-weighted selection process for the H-1B lottery, giving higher-wage offers better odds. Prevailing wage rules are expected to be adjusted upward to ensure H-1B wages align with U.S. labor standards.

For employers, filing costs increase dramatically for new hires. Hiring strategy will shift toward fewer, higher-wage positions. Greater compliance burden with wage levels and documentation is expected.

For applicants, the cost barrier may make H-1B access more limited. Travel and timing of petitions will require closer planning. Alternatives such as permanent residency categories may become more relevant.

Because this policy change is new, the best source of updates is from official U.S. government channels. Employers and applicants should rely on USCIS, Presidential Proclamation resources, Federal Register notices, and DHS immigration announcements.

The $100,000 fee and wage-based lottery reform mark a turning point for the H-1B program. While uncertainty remains around implementation details, employers and applicants should follow official announcements closely to remain compliant. For the most accurate and up-to-date information, always consult USCIS, DHS, and the Federal Register directly.