US Announces $1,00,000 Fee For New H-1B Petitions After September 21

US Introduces $100,000 Fee for New H-1B Petitions Filed After September 21

The fee will impact applications for the 2026 lottery and subsequent H-1B filings.

New York/Washington:

The US government has confirmed that all new H-1B visa petitions submitted after September 21, 2025, including those for the FY2026 lottery, will require a $100,000 fee payment as mandated by President Donald Trump's recent proclamation.

According to the 'H-1B FAQ' document released by US Citizenship and Immigration Services (USCIS) on Sunday, the September 19 proclamation represents an "important, initial, and incremental step" toward reforming the H-1B visa program to address abuses and protect American workers.

The document specifies that the proclamation "requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 am eastern daylight time on September 21, 2025." This requirement applies to applications for the 2026 lottery and all subsequent new H-1B filings.

USCIS had previously stated on Saturday that the fee would apply only to new, prospective petitions that had not yet been filed, without specifying the exact implementation date and time.

A White House official told PTI that the $100,000 fee will "first apply in the next upcoming lottery cycle." This fee represents a one-time payment required upon submission of a new H-1B petition.

The USCIS clarification confirms that the fee does not apply to petitions filed before the 12:01 am deadline on September 21, previously issued H-1B visas, renewal petitions, or H-1B holders re-entering the United States.

The FAQ document states that the proclamation authorizes the Department of Homeland Security (DHS) and the Department of State (DOS) to coordinate implementation steps.

Additional planned reforms under the proclamation include a proposed rulemaking by the Department of Labor to revise and increase prevailing wage levels to enhance the H-1B program and ensure it is used to recruit "only the best of the best" temporary foreign workers.

The reforms also include DHS rulemaking to prioritize high-skilled, high-paid workers in the H-1B lottery system.

The Department of State has issued guidance to all consular posts consistent with USCIS and US Customs and Border Protection policies.

Following Trump's signing of the proclamation on Friday, officials clarified that the $100,000 fee requirement does not apply to current visa holders and is a one-time payment applicable only to new petitions. This clarification provided significant relief to thousands of worried professionals, including many from India, who were concerned about being affected by the new rule.

Commerce Secretary Howard Lutnick commented on the fee, stating that for "renewals, first times, the company needs to decide. Is that person valuable enough to have $100,000 a year payment to the government, or they should head home and they should go hire an American?"

The initial registration period for the FY2027 H-1B cap is expected to begin around March next year.