Sep
22

By

New $100,000 H-1B Fee Announced

Category: H-1B, H-1B alternatives, H-1B attorney, H-1B attorney in Phoenix, H-1B visa Tags: ,

On September 19, 2025, President Trump issued a proclamation requiring employers to pay a $100,000 supplemental fee with new H-1B petitions. USCIS has issued guidance on how this will be implemented.

Here is what employers need to know about when and how the new fee applies.

When Does the $100,000 Fee Apply?

  • Effective Date: The proclamation is effective 12:01 a.m. EDT September 21, 2025.

  • Duration: It is set to expire in 12 months after that effective date, unless it is extended.

Which Petitions Are Covered?

The Proclamation requires a $100,000 payment to accompany any new H-1B visa petitions

This Proclamation does not apply to any previously issued H-1B visas, or any petitions submitted prior to the effective date.

The Proclamation does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.

Cap-Exempt Employers: Universities, research institutions, and nonprofit affiliates are not expressly exempt under the proclamation and should prepare for the fee unless further guidance is issued.

Practical Implications for Employers

  1. Budgeting: Employers must account for the additional $100,000 in any new H-1B hiring.

  2. Uncertainty: The fee will face legal challenges, and courts may block or delay its enforcement. For now, USCIS has announced implementing it as written.

  3. Strategic Planning: Employers may need to reconsider workforce strategies, including cap-exempt H-1B sponsorships, alternative visas (L-1, O-1, E-2), or remote global staffing.

Bottom Line

The proclamation’s $100,000 H-1B fee applies to new petitions filed on or after September 21, 2025, including cap filings and change-of-employer cases. Extensions with the same employer are not subject to the fee. Employers must prepare for significant additional costs and uncertainty while legal challenges play out.  Our office will continue monitoring developments closely and advising clients on the best strategies during this rapidly changing environment.

Apr
13

By

What to do if my H-1B registration was not selected?

Category: E-1, E-2, H-1B alternatives, H-1B registration not selected, O-1, PERM, TN Tags: , , , , ,

On March 30, 2021, the USCIS completed the H-1B lottery and announced that it received enough H-1B registrations to reach H-1B cap for the fiscal year 2022. What options do you have if you were not amount those who were selected?

First of all, you are eligible for selection in any subsequent selection for FY 2022. For example, some selected registrants may not file their petitions.

Depending on your situation, you may be eligible for other types of visas or status. Your employer may file for your employment-based green card (permanent legal resident status) if he can show that there are no U.S. workers available, willing and qualified for the job. Certain professionals from Mexico or Canada may qualify for TN visa. If you are the entrepreneurial type and are from certain countries, you may be eligible for E-2 (treaty investor) or E-1 (treaty trader) visa. If you have extraordinary ability in the sciences, arts, education, business of athletics, you may apply for O visa.