Is A Steep H‑1B Visa Fee Hike Coming For New Applicants?
President Trump recently signed a proclamation imposing a new $100,000 fee on new H‑1B visa applications, a move that has created confusion and concern among employers and skilled workers. According to the Associated Press, The White House has clarified the fee does not apply to renewals or current H‑1B holders, but only to new applicants, and that current visa holders will not be charged to re‑enter the U.S. The fee is set to take effect immediately and expire after one year unless extended, but many legal experts believe it may face challenges over its legality and implementation.
What Is the H‑1B Visa and Where It Came From
The H‑1B visa is a non‑immigrant classification under U.S. law created by the Immigration Act of 1990 to allow U.S. employers to temporarily hire foreign workers in specialty occupations. These are generally jobs requiring at least a bachelor’s degree or equivalent in fields like engineering, science, technology, and math. Congress set an annual cap (65,000 new visas plus an additional 20,000 for those with U.S. master’s degrees), established prevailing wage requirements, and required employers to file Labor Condition Applications to ensure U.S. worker protections.
Over time, various reforms (such as the American Competitiveness and Workforce Improvement Act of 1998) modified caps and fees, but the structure of specialty occupations and employer sponsorship has remained core to the program.
Who Qualifies and What are the Conditions?
To qualify for an H‑1B visa an applicant must have a job offer from a U.S. employer for a “specialty occupation” that requires specialized knowledge and at least a bachelor’s degree or equivalent. The employer must pay the prevailing wage for the occupation in the geographic area and meet other requirements like filing a Labor Condition Application with the Department of Labor. The H‑1B depends on employer sponsorship, has fixed validity periods (often three years, extendable), and in most cases leads to limits on how long one can hold H‑1B status without transitioning to another lawful status.
What’s New: The $100,000 Fee and Its Possible Legal Issues
The new fee represents one of the most dramatic cost increases in the H‑1B program’s history, jumping fees that at most were in the low-five-figure range to the new six‑figure range for new applicants.
Currently, the base filing fee for an H-1B petition is $460. When including all other applicable fees, such as the ACWIA fee ($750–$1,500), Fraud Prevention fee ($500), optional Premium Processing ($2,805 as of 2025), Public Law 114-113 fee ($4,000 for certain employers), and attorney fees, the total cost can range from $5,000 to $10,000 or more.
As for the the proposed $100,000 fee, critics argue the president may lack authority to impose such a fee unilaterally since H‑1B visas and associated fees are established by statutes passed by Congress, and fees are usually set through regulatory rule making or legislative action. Legal experts expect that business groups and advocate organizations may file lawsuits challenging the new fee as unlawful, arbitrary, or exceeding executive powers. One recent analysis from Reuters noted that while the president has certain powers over nonimmigrant admissions, altering fee structures drastically or in ways that affect employer obligations tends to require congressional authorization.
It’s important to note that the vast majority of H-1B fees are paid by the sponsoring employer, not the visa applicant. While some optional services like premium processing or attorney fees might be negotiated, U.S. law generally requires employers to shoulder the main costs of sponsoring an H-1B worker, including USCIS filing fees and fraud prevention surcharges.
Why Having an Immigration Lawyer Matters More Than Ever
With recent changes and unclear rules, a skilled immigration attorney can help you understand whether the new fee applies to your case, assist in determining whether any exemptions or national interest exceptions apply, help prepare a solid application, navigate lottery systems or employer issues, and anticipate legal risks. Attorneys can also advise you on how to respond if your employer is struggling with the increased costs or if the policy is challenged in court, and ensure that your rights are protected throughout.
These changes to the H‑1B program mark one of its most significant shifts in decades and could reshape which companies can afford to hire skilled foreign workers as much as who chooses to apply. If you are considering applying for an H‑1B visa, renewing one, or sponsoring someone in a high‑skilled role, you don’t have to go it alone. Harmony Law provides access to experienced immigration attorneys who understand both the history and the changing policy landscape, and who can help you make informed choices without the big firm price tag. Reach out today for a free case review so you can move forward with confidence.
Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.
