Employers Beware: $100K H-1B Application Fee Explained

 Posted on September 28, 2025 in Immigration

The current administration recently imposed a $100,000 fee on H-1B visas in an effort to curb what it says is an "overuse" of the program. White House officials claim this new measure will incentivize companies to employ more American workers. A separate order established a new "gold card" immigration pathway that fast-tracks visas for specific immigrants in exchange for a staggering $1 million fee – or $2 million for a company sponsor.

The $100,000 fee for H-1B visas will almost certainly have a significant impact on industries that heavily rely on H-1B workers. Immigration policies are changing rapidly; those who want to come to the U.S. legally require a legal advocate who keeps up with all these changes. If you were planning on obtaining an H-1B visa, a Plano, TX immigration lawyer can help you understand how these new rules may affect you.

What is an H-1B Visa?

H-1B visas are for foreign professionals in "specialty occupations" that require at least a bachelor’s degree or equivalent. These specialty occupations are often in fields such as medicine, computer science, technology, and engineering. An H-1B visa permits an individual to work in the United States on a temporary basis. It is typically granted for a period of up to three years, with the possibility of extension to a maximum of six years.

Employers file petitions on behalf of H-1B workers and must also file a Labor Condition Application (LCA) with the U.S. Department of Labor to ensure the prevailing wage is paid. The H-1B program allows U.S. employers to hire highly skilled foreign workers to fill temporary positions in situations where there is a shortage of qualified American workers.

There is an annual limit, or "cap," on the number of H-1B visas available each year. Historically, approximately 65,000 H-1B visas are granted annually, with an additional 20,000 reserved for those holding master’s or doctoral degrees. Demand for H-1B visas virtually always outpaces supply, resulting in a lottery system.  

How Much Were H-1B Fees Before the Change?

Before the new proclamation took effect, applicants were required to pay a $215 registration fee for the initial H-1B cap lottery. Private employers then submitted a $780 fee to sponsor an H-1B petition, along with additional fees that ranged from $1,800 to $2,600. This is a significant increase in H-1B fees, making them virtually unaffordable for many employer-sponsors. The fees only apply to new H-1B petitions. Existing visa holders and renewals of H-1B petitions are excluded from these fees.

Who Will Be Most Affected by the New H-1B Fees?

It is likely that these new H-1B fees will hit startup companies the hardest, as they lack the financial resources to absorb such high fees, while also relying on global talent to grow their businesses. Startups often struggle to hire the talent necessary, particularly engineers and tech specialists. Bringing in H-1B talent rather than attempting to build remote teams outside the country makes more sense for most new startups.  Foreign talent also helps startups establish stronger overseas networks and customer bases.

Opponents of the H-1B program argue that it takes job opportunities away from U.S. citizens. What they may not see is that an unintended consequence of the $100,000 fee is likely to be an overall reduction in venture capital funding and entrepreneurship. In fact, a 2020 survey found that the process of startups hiring H-1B visa workers directly correlated to the likelihood of the company obtaining external funding and making innovative breakthroughs.

Contact a Dallas, TX Immigration Lawyer

The new fees take effect on September 21, 2025. If you are an employer or prospective H-1B applicant, this $100,000 fee could drastically alter your immigration plans. A Plano, TX H-1B visa attorney from Law Office of Jae Lee can help you determine your best course of action. Attorney Lee’s parents went through the immigration process, so he is very familiar with every aspect of immigration, including new rules and regulations. He can work with clients remotely, when necessary, and offers solid, one-on-one guidance. Call 214-295-3014 to schedule a free consultation.