H-1B fee hike 2025: what changed, who’s affected, and what to do next

On September 20, 2025, the White House announced a new, one-time USD $100,000 fee that applies to each new H-1B petition. Officials clarified it does not apply to existing H-1B holders or renewals, after initial confusion about whether it might be annual. The policy is framed as targeting new applications only and is slated to take effect around September 21, 2025.

Quick summary (TL;DR)

• New fee: $100,000 per new H-1B petition (one-time), not for current holders or extensions.

• Timeline & stability: Announced Sept 20; details could still evolve and may face legal challenges—monitor official guidance.

• Other costs still apply: USCIS fee changes from April 1, 2024 (e.g., Form I-129 H-1B: $780), Asylum Program Fee ($600) per petitioning employer, premium processing $2,805 (optional), and the H-1B registration fee rises to $215 for the FY2026 cap. Consular MRV fees for H-class visas are $205.

What exactly changed?

• $100,000 surcharge (new): A White House move aimed at curbing perceived wage undercutting. Applies only to new H-1B filings, not to current H-1B workers, extensions, or re-entries of existing holders. Early statements caused confusion (some officials called it annual), but the clarification is one-time for new applicants.

Impact analysis

1) Current H-1B holders (in the U.S. or abroad temporarily)

• Not charged the $100,000 for extensions, amendments, or re-entry, per White House clarification. That said, standard USCIS fees (e.g., I-129 $780, Asylum Program Fee, etc.) still apply.

• Action: Continue with routine maintenance filings; confirm your employer’s budget and timelines as normal.

2) Applicants who planned to file soon (new H-1Bs)

• Expect a much higher upfront cost for the petition. Some employers may pause or cancel new H-1B sponsorships pending clarity or litigation outcomes.

• Action:

  • If you have another lawful status option (e.g., STEM OPT extension), consider bridging strategies with counsel.

  • Explore cap-exempt H-1B routes (universities/affiliates, nonprofits) where applicable; monitor whether the surcharge applies there once USCIS issues instructions.

3) Employers (especially SMEs)

• The one-time $100k transforms H-1B into a strategic, C-suite decision, not routine hiring. Budgeting, workforce planning, and ROI analyses become critical.

• Action:

  • Reassess FY2026 cap participation; model total cost (surcharge + USCIS + legal + relocation).

  • Consider JIT alternatives: domestic recruiting/upskilling, cap-exempt roles, near-shoring, or other work visas where appropriate.

  • Prepare internal comms: reassure existing H-1B staff that renewals are not subject to the surcharge (per current White House guidance).

4) Students in the U.S. (F-1) & those planning to study in the U.S.

• The traditional pipeline (F-1 → OPT → H-1B → green card) faces greater cost friction at the H-1B stage. Schools and employers may recalibrate sponsorship strategies.

• Action:

  • Maximize OPT/CPT planning (especially STEM OPT) to extend U.S. work authorization while the policy landscape evolves.

  • Explore alternative pathways (e.g., O-1 for high achievers, TN for Canadians/Mexicans, E-2 where eligible via nationality/treaties, or cap-exempt H-1B roles).