Urgent Update: New $100,000 Entry Fee for H-1B Workers Effective September 21, 2025

New 100,000 Entry Fee for H1B Workers: What You Need to Know

On September 19, 2025 the President issued a proclamation that will impose a 100,000 fee on certain H1B entries to the United States. This rule will take effect at 12:01 a.m. EDT on September 21, 2025 and has raised understandable concerns for employers and employees.

The good news is that the rule does not apply to every H1B case. Below we explain who is affected who is not and how to minimize risk.

Who Is Affected

• H1B beneficiaries outside the United States when a petition is filed for them.

• H1B beneficiaries who leave the United States and attempt to reenter after the effective date unless the employer has paid the fee or a national interest waiver has been granted.

  
  

Who Is Not Affected

• H1B extensions and amendments for workers who remain inside the United States.

• H1B portability (change of employer) filings under AC21 where the worker does not leave the country.

• H1B workers currently in the United States who avoid international travel after the effective date.

  
  

In other words as long as an H1B worker remains in the United States routine extensions or job changes can proceed without this new fee.

How to Avoid the $100,000 Fee

• Do not travel internationally if you are in H1B status. The simplest way to avoid the fee is to remain in the United States until more guidance is issued.

• Employers with workers abroad should consult with immigration counsel immediately to assess whether a national interest waiver (NIW) is possible.

• Plan carefully before filing new petitions for workers outside the United States as the fee will apply unless an NIW is secured.

  
  

The National Interest Waiver Option

The proclamation includes an important exception. The Secretary of Homeland Security may waive the 100,000 fee if hiring the H1B worker is in the national interest and does not pose a security risk.

Our firm has extensive experience with NIW requests. During the COVID19 pandemic when similar restrictions were in place we successfully prepared NIWs that allowed H1B workers to enter despite travel bans. We are well positioned to do so again under this new proclamation.

Moving Forward

While the headline number is alarming many H1B workers and employers will not be directly affected particularly those who remain in the United States and continue with routine filings. By avoiding unnecessary travel and exploring the NIW process when needed the risks can be managed.

We will continue to monitor agency guidance and provide timely updates. If you have questions about your specific situation please contact us.