Major Policy Shift: New $100k Fee for H-1B Petitions

The U.S. immigration landscape shifted dramatically on September 19, 2025, when the Administration issued an Executive Order requiring a $100,000 fee for all new H-1B petitions, effective just two days later on September 21 at 12:01 a.m. EDT.

Scope of the Executive Order

The initial language of the Order was sweeping, creating widespread concern that it could apply to all H-1B workers outside the United States, including cross-border commuters, cap-exempt employers, and other specialized categories. Within hours, employers, immigration attorneys, and affected workers were left seeking clarity on how the fee would be applied in practice.

In response, U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) issued early clarifications. These updates narrowed the immediate impact and provided several key assurances:

• Current H-1B visa holders and beneficiaries of already approved petitions are not subject to the new fee or travel restrictions.

• The fee applies only to new petitions filed on or after the effective date.

• Extensions, amendments, and changes of employer may be exempt, though formal guidance is still pending.

While these clarifications reduced some of the initial uncertainty, significant questions remain unresolved. Among them:

• Will cap-exempt institutions such as universities and nonprofits be excluded entirely?

• How will the government define and administer “national interest” exemptions?

• What will the fee collection process look like, and will refunds be available for denied petitions?

• How might prevailing wage reforms intersect with this new fee requirement to further reshape eligibility and costs?

Emerging Carve-Outs for Physicians

On September 22, 2025, the White House confirmed to Bloomberg News that physicians and medical residents may be exempted from the $100,000 H-1B fee. Medical groups had raised urgent concerns that the new costs would undermine rural healthcare systems, which depend heavily on H-1B physicians to fill chronic staffing shortages.

A White House spokesperson stated: “The Proclamation allows for potential exemptions, which can include physicians and medical residents.” While this clarification signals flexibility, it remains limited in scope and does not resolve how exemptions will be requested or adjudicated.

What Comes Next

The introduction of a $100,000 filing fee represents one of the most consequential changes to the H-1B program in decades. Even with initial clarifications and the prospect of targeted exemptions, the policy raises fundamental questions for employers, employees, and institutions that rely on high-skilled foreign workers.

For now, stakeholders should closely monitor further agency guidance, particularly on exemption criteria and implementation procedures. Employers should also assess potential impacts on their workforce planning and consult with experienced immigration counsel to develop strategies in this evolving landscape.