The U.S. government has introduced a $100,000 supplemental fee for many new H-1B petitions filed for individuals outside the United States, effective September 21, 2025.
Employers who do not submit this payment may have petitions denied, and visas or entry for their workers could be refused. Certain cases may be exempt if employing the worker is deemed in the national interest. The fee does not apply to existing H-1B holders or petitions filed before the effective date. The rule is currently in effect for one year, unless extended.
Key Points
$100,000 Fee Requirement: Applies to many new H-1B petitions for beneficiaries outside the U.S.
Entry Restrictions: DHS and State may deny entry or visas if the fee is not paid.
Exemptions: Some cases may be exempt if employing the worker is in the national interest.
No Retroactive Impact: Existing H-1B holders and petitions filed before September 21, 2025, are not affected.
Duration: Currently in effect for one year unless extended.
How This Affects Different Parties
Employers: Sponsoring foreign talent will cost more, particularly for small and mid-sized companies. Employers may need to prioritize roles for sponsorship or explore alternative visa categories. Planning ahead is critical to avoid disruption in hiring.
Individuals Seeking H-1B Status: Must ensure their employer submits the required fee to avoid denial of entry or visa issuance. Coordination with the employer is essential before travel or relocation.
Current H-1B Holders: Existing visa holders are not affected by the fee itself, but international travel may carry additional uncertainty. Workers should seek guidance before traveling outside the U.S.
Recommended Actions
Review pending and planned H-1B petitions in light of the new fee.
Stay updated on guidance from DHS, USCIS, and the Department of State.
Explore alternative visa options, including O-1 or permanent residence pathways.
Seek legal advice before making new sponsorships or planning international travel.
Maintain records of payments and compliance steps in case of review or audit.
At Ackah Business Immigration Law, we are closely monitoring these changes and provide guidance to help employers and individuals navigate the new requirements with confidence. Our team can assist in evaluating visa options, planning petitions strategically and ensuring compliance with the new fee requirement.
If you have questions about how these new H-1B requirements may affect your company or immigration plans, please reach out. We are here to help you navigate these changes with confidence.
