WASHINGTON— The U.S. has formally announced a list of applicants who qualify for exemption from the newly imposed $100,000 H-1B petition fee. The new rule mandates that U.S. employers pay the $100K fee before hiring any foreign worker under the H-1B visa category.
The measure, introduced under President Donald Trump’s latest proclamation, applies to all H-1B visa petitions filed after September 21, 2025, including the upcoming 2026 H-1B lottery cycle. The announcement has generated wide debate within the technology and professional services.
US’ New VISA Rule Implementation
The $100,000 fee is a one-time payment attached to each new H-1B petition filed after the effective date. It must be paid before the petition can be processed or approved.
The rule does not apply to petitions submitted before September 21, 2025, or to renewals of existing H-1B visas, reported The Financial Express.
Under the proclamation, the fee aims to discourage overreliance on foreign labor and promote domestic hiring. However, immigration analysts note that the new cost may deter smaller firms and startups that depend on skilled foreign workers, particularly in STEM fields.
Who Qualifies for Exemption
Certain categories of workers and students will be exempt from the $100K fee. Individuals who already hold a valid H-1B visa as of the effective date will not be required to pay the additional charge.
F-1 visa holders currently in the United States who transition to H-1B status through a change of status request will also qualify for exemption. This means U.S. employers hiring foreign students completing Optional Practical Training (OPT) programs will not be subject to the fee.
Employers can additionally request an exception if they can demonstrate that hiring a specific foreign worker serves the national interest or if no qualified U.S. worker is available for the position.
Exceptions will be reviewed on a case-by-case basis by the Department of Homeland Security.
Industry and Immigration Impact
The introduction of the $100K petition fee represents one of the most significant overhauls to the H-1B visa program in decades. Industries heavily dependent on international talent, such as technology, healthcare, and research, are expected to feel the immediate impact.
For companies hiring foreign professionals outside the U.S., the rule requires that the fee be paid before any consular processing or visa issuance. Employers must factor the new cost into their operational and hiring budgets, as failure to comply will result in automatic denial of the petition.
The proclamation also clarifies that holders of existing H-1B visas can continue to travel in and out of the U.S. without restrictions. Renewals of valid H-1B status, typically issued for three years and extendable for another three, will not be affected.
Bottom Line
The newly announced $100,000 H-1B fee marks a major policy shift for employers hiring skilled foreign professionals.
While the rule significantly increases hiring costs, exemptions for F-1 students, existing H-1B holders, and renewals aim to provide limited relief.
As the September 21, 2025, deadline approaches, both employers and foreign workers will need to adapt quickly to the changing regulatory landscape.
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