Background on the Fee

In September 2025, a Presidential Proclamation on H-1B visas introduced a new one-time supplemental fee of $100,000 associated with certain H-1B petitions. This unprecedented change significantly altered the cost structure for employers seeking to sponsor H-1B visas.

Who the Fee Applies To

The $100,000 fee applies primarily to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not already possess a valid H-1B visa and are requesting consular notification, port of entry notification, or pre-flight inspection for beneficiaries.

Who it Does NOT Apply To: Key Clarifications and Exceptions

• Change of status petitions, amendments, and extensions of stay for beneficiaries already in the U.S. are generally not subject to the $100,000 fee (assuming the petition is approved).
• Individuals with existing H-1B visas issued before September 21, 2025 are not subject to the fee as current H-1B visa holders can typically continue to travel and work without regard to the fee.
• National Interest Exception: Extremely limited exceptions to the fee may be available where the beneficiary’s entry is determined to be in the national interest. There have been no reports of approved national interest exceptions, and these exceptions are expected to be extremely rare.

For H-1B petitions subject to the fee, USCIS guidance indicates the employer must pay the $100,000 fee up front via Pay.gov and include proof of payment when filing the H-1B petition; petitions filed without proof may be denied.

Practical Impact

The fee is not retroactive and generally does not apply to petitions filed before the September 21, 2025, effective date. Nor does it apply to most routine changes of status, extensions and amendments. The fee is only required for initial H-1B petitions for beneficiaries outside the U.S., including both cap-exempt and cap-subject petitions.

Current Status of Litigation Challenging the Fee

Although the $100,000 fee remains in effect at this time, it is being challenged by multiple lawsuits in federal court:

• In late December 2025, a federal judge granted summary judgment in favor of the government in Chamber of Commerce of the USA v. DHS, upholding the fee. As a result, the fee continues to apply while the litigation proceeds.
  • Expedited Appeal: The Chamber has appealed that decision and its challenge has been fast-tracked to the U.S. Court of Appeals for the D.C. Circuit. The accelerated schedule is intended to provide clarity before the March 2026 H-1B cap registration period begins. Oral argument is expected in February 2026, with a decision likely shortly thereafter.
• Additional lawsuits, one in California (Global Nurse Force v. Trump filed in October 2025), and another in Massachusetts filed by a coalition of states (e.g., State of California v. Noem filed in December 2025), raise overlapping claims challenging the imposition of the fee. Both cases have requested the courts issue a preliminary injunction to prevent further implementation of the fee, with decisions also likely before the beginning of the cap registration period.

Recommended Actions

For the H-1B petitions described above that do not require payment of the $100,000 fee, maintain your sponsorship policy in accordance with existing company procedures.

For H-1B petitions that may be subject to the fee:

• Closely follow the latest developments in all three lawsuits challenging the fee.
• Contact you Meltzer Hellrung attorney to develop alternative filing strategies and assess eligibility for an exemption.