US imposes one-time $100K fee on new H1B petitions

The United States issued a proclamation this month imposing a one time $100,000 supplemental fee on new H1B visa petitions filed after 12:01 a.m. Eastern on September 21, 2025, a move that has prompted urgent legal work, raised hiring costs for employers and prompted Canada to prepare proposals to attract displaced skilled workers. The change, announced September 19, applies only to new petitions and not to existing H1B holders or renewal petitions, officials said, but questions about implementation and exemptions have left companies and prospective applicants scrambling for clarity.

The U.S. Citizenship and Immigration Services has said the charge applies to new petitions submitted after the effective time and will not alter fees for renewals or travel by current visa holders. The Department of Homeland Security may waive the fee for workers, companies or industries deemed to be in the national interest, according to the proclamation. Agencies and legal advisers have issued guidance and frequently asked questions since the announcement, but some interpretations differ on whether the fee applies only to petitions filed from outside the United States or to all new filings, and...