On September 21, 2025, a new federal proclamation took effect, significantly altering the landscape of the H-1B visa. The White House announced that all new H-1B petitions filed after this date must include a one-time $100,000 fee—a dramatic increase from the prior $2,000 to $5,000 range that employers have historically paid. This change is scheduled to last for 12 months (through September 2026), unless it is extended.
Key Facts About the New Rule
- Effective Date: Applies to petitions filed on or after September 21, 2025.
- Amount: A flat, one-time $100,000 fee per new H-1B worker.
- Exemptions:
- Petitions filed before September 21, 2025, are not subject to the new fee.
- Current H-1B visa holders are unaffected.
- The Secretary of Homeland Security may exempt certain individuals, industries, or groups if hiring is deemed in the “national interest.”
- Implementation details around these exemptions remain unclear, and USCIS has not yet issued specific guidance on how or when they will be applied.
- Duration: The order is valid for 12 months, with potential for extension.
Why This Matters
- For Employers: The fee represents a significant cost increase, especially for small businesses, universities, healthcare systems, and startups that rely on global talent.
- For H-1B Candidates: While existing visa holders are not impacted, future opportunities in the U.S. could be more limited if employers scale back sponsorships.
Prequel’s Perspective
At Prequel Solutions, we understand how disruptive policy changes like this can be for businesses and professionals. While the legal challenges and political debate continue, our team remains focused on:
Several legal challenges have already been filed in federal court as of early October, contesting both the legality and scope of this new fee. While these cases work their way through the system, employers should plan for the policy to remain in effect unless a court issues a stay or injunction.
- Advising clients on workforce planning in light of the new rules.
- Helping candidates navigate options, including alternative visa categories or opportunities with employers equipped to handle the new costs.
- Monitoring developments closely to provide timely updates as lawsuits progress and federal guidance evolves.
We’ll continue to keep our clients and candidates updated as this situation unfolds. If you have questions about how this change may affect your hiring or career path, please contact the Prequel team directly.
