President Trump just dropped a bombshell on H-1B visas. Starting September 21, 2025, every new H-1B petition — including 2026 lottery filings — now costs $100,000. That’s not a typo. We’re talking about a fee that’s wiped out most H-1B applications overnight. If you’re an employer who sponsors foreign talent or a skilled worker planning your U.S. career, this changes everything. The question isn’t whether this affects you — it’s how you’ll adapt.
What This $100,000 Fee Actually Means
The numbers tell the story. Trump’s new $100,000 H-1B fee has already cost the federal government nearly $20 million because so few people are applying. Think about it — when filing fees go from thousands to six figures, most companies simply can’t justify the cost. New applications dropped 87 percent, and now USCIS is losing the revenue it needs to operate. By early 2026, only 85 payments came through after the fee kicked in. That’s 85 employers out of tens of thousands who would normally file.
Importantly, the $100,000 entry fee for holders of new H-1B visas only applies when the alien beneficiary is not already in the U.S. In 2024, 54 percent of H-1B beneficiaries were already in the U.S. on some other status. This distinction is crucial for understanding who is most affected by this policy change.
How This Affects Employers and Foreign Workers
The impact of Trump’s H-1B fee has been swift and significant across multiple sectors. The $100,000 fee makes H-1B visas cost prohibitive for businesses, especially small- and medium-sized businesses that can least afford it, according to the Chamber of Commerce.
Highly skilled immigrants are shifting their job focus to large companies. One entrepreneur already advised a woman to seek a role at a large company that might be able to pay the fee. This shift is creating a two-tier system where only the largest corporations with substantial resources can afford to sponsor new H-1B workers from overseas.
For universities and research institutions, the impact varies. The only question is how the $100,000 fee will affect visas not subject to the quota that go to universities or government research. In FY 2024, that was 56,000 visas. However, many educational institutions may struggle with the additional financial burden.
Immigration attorneys are reporting unprecedented uncertainty. Clients are in a dilemma. They’re doing cost-benefit analysis and trying to understand how to fit their employees within higher wage levels to have a better chance at the weighted selection process while complying with the law.
What You Should Do Now: Immediate Action Steps
If you’re affected by Trump’s H-1B fee policy, here are the critical steps you should take immediately:
For Employers:
- Review your current workforce to identify H-1B holders already in the U.S. who may be eligible for extensions or transfers without the additional fee
- Consider alternative visa categories such as L-1, O-1, or TN visas for qualifying candidates
- Evaluate your budget to determine if the $100,000 fee is feasible for critical hires
- Consult with experienced immigration services professionals to explore all available options
For Foreign Workers:
- If you’re already in the U.S. on another status (F-1, L-1, etc.), understand that you may be exempt from the $100,000 fee
- Consider pursuing employment with larger companies that can afford the fee
- Explore alternative paths to permanent residency
- Document your qualifications for potential “national interest” exemptions
People can be exempted from this fee if their job is in the “national interest.” People in strategically important fields often received a National Interest Exemption (NIE) and could still travel during previous restrictions, suggesting similar exemptions may be available.
Why Choose Tez Law P.C. for Your Immigration Needs
During these uncertain times in immigration law, you need experienced legal counsel who understands the complexities of Trump’s H-1B fee policy and can navigate alternative strategies effectively. At Tez Law P.C., managing attorney JJ Zhang (California Bar #326666) brings extensive experience in immigration law and has helped clients across the United States adapt to changing immigration policies.
Our firm offers comprehensive immigration services including H-1B alternatives, green card applications, and strategic planning for employers and employees. We understand that immigration law affects every aspect of your life and business, and we’re committed to finding practical solutions even in challenging regulatory environments.
Whether you need immediate guidance on H-1B alternatives or long-term strategic planning for your immigration goals, our team is ready to help. We also handle other legal matters including personal injury attorney services, ensuring comprehensive legal support for our clients.
Frequently Asked Questions
Does the $100,000 fee apply to H-1B extensions with the same employer?
No, the fee does not apply to straightforward renewals or extensions with the same employer. Only new H-1B petitions filed after September 21, 2025, are subject to this fee, and extensions are generally considered renewals rather than new applications.
Can someone already in the U.S. avoid the $100,000 H-1B fee?
Yes, if the H-1B beneficiary is already in the United States on another valid status (such as F-1 student visa), they are typically exempt from the $100,000 fee. This exemption applies to a significant portion of H-1B applicants.
Are there any exemptions to Trump’s $100,000 H-1B fee?
The policy includes potential exemptions for positions deemed to be in the “national interest,” though the specific criteria for these exemptions are still being defined. Universities and research institutions may also have different fee structures for cap-exempt positions.
The implementation of Trump’s $100,000 H-1B fee represents one of the most significant changes to skilled worker immigration in recent years. Whether you’re an employer trying to attract top talent or a foreign professional planning your American career, expert legal guidance is essential for navigating these complex new requirements. Contact Tez Law P.C. today for a free consultation to discuss your specific situation and explore all available options for achieving your immigration goals in 2026 and beyond.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.