If you’ve been tracking the immigration news lately, you probably saw the headlines that looked like a typo. A $100,000 fee for a single work visa? It sounds like something out of a satire magazine, but for thousands of U.S. companies, it became a reality on September 21, 2025.
Honestly, the shockwaves are still rattling through Silicon Valley and beyond.
The Trump administration’s move to slap a massive six-figure surcharge on new H-1B petitions isn't just about money. It’s a total reimagining of how the U.S. treats high-skilled labor. We aren't talking about a small inflation adjustment here. We're talking about a barrier so high that it basically turns the H-1B from a "specialty occupation" tool into an "elite-only" club.
The Reality of Trump on H1B Visa Fees
For years, the cost to file for an H-1B hovered somewhere between $1,700 and $5,000, depending on company size and whether you wanted "premium processing." Then came the September 19, 2025, Presidential Proclamation. It essentially said that if you want to bring in a new worker from abroad, you need to cough up $100,000 upfront.
Think about that for a second.
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A small startup looking for a niche software engineer now has to pay more for the visa than the engineer might make in their first year. It's wild. But the administration's logic is pretty straightforward, even if it’s controversial: they want to make foreign labor so expensive that companies have no choice but to hire American.
The proclamation, titled "Restriction on Entry of Certain Nonimmigrant Workers," hit the ground running with almost no warning. One day the fee was a few thousand; forty-eight hours later, it was the price of a luxury SUV.
Who Actually Has to Pay?
The good news—if you can call it that—is that this isn't a blanket tax on every single person with an H-1B. If you’re already here working on an H-1B, you can breathe a little easier.
- Existing Holders: If your visa was issued or your petition was filed before the September 21 deadline, you’re in the clear for now.
- Renewals: According to the USCIS FAQ, this fee is a "one-time payment" for new petitions. It doesn't currently apply to renewals or extensions for people already in the system.
- The "National Interest" Loophole: There are exemptions. If a company can prove that hiring a specific worker is critical to national security, medical research (think rural physicians), or "essential business," the Secretary of Homeland Security can waive the fee. But don't expect those to be handed out like candy.
Why This Matters for the 2026 Lottery
We are staring down the March 2026 lottery season, and the vibe is, well, anxious. Usually, companies flood the system with hundreds of thousands of registrations because it only cost $215 to enter the lottery.
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That’s over.
Now, the registration fee itself has jumped to $100,000 per beneficiary. It’s non-refundable. If you put a name in the hat and they don't get picked? That money is gone. This is a massive gamble that most small and medium-sized businesses simply cannot afford to take.
Basically, the "Project Firewall" initiative is working exactly as intended: it’s clearing the field. The administration expects the number of applicants to crater, leaving the remaining spots for the biggest players—the Amazons and Googles of the world—who have the cash to burn.
The Hidden Costs of 2026
It’s not just the $100k. On March 1, 2026, USCIS is also hiking the premium processing fee to $2,965 to account for inflation. While that’s peanuts compared to the entry fee, it adds to the "death by a thousand cuts" feel for HR departments.
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Then there’s the lottery shift. By February 27, 2026, the random lottery is being replaced by a wage-based selection system. So even if you pay the $100,000, you still might not get the visa if you aren't paying your worker at the top of the wage scale (Level 3 or 4).
The Backlash and the Courtroom
Naturally, this didn't go down without a fight. The U.S. Chamber of Commerce and various research groups have already sued. They argue that the President doesn't have the authority under the Immigration and Nationality Act (INA) to impose what is essentially a massive tax without Congress.
There's an appeals court hearing fast-tracked for February 2026. If the courts stop the fee, we might see a last-minute rush of applications in March. If they don't? We’re looking at a permanent shift in the American tech landscape.
Actionable Insights for Employers and Workers
If you're caught in the middle of this, you can't just wait and see. Here is what's actually happening on the ground:
- Look into the O-1 or L-1: Since the $100,000 fee specifically targets H-1Bs, many companies are pivoting to the O-1 (extraordinary ability) or L-1 (intracompany transfer) visas. These don't have the same fee structure yet.
- The "Change of Status" Strategy: The fee currently targets those entering from outside the U.S. If you are an international student on an F-1 visa already here, transitioning to an H-1B might be cheaper depending on how the "entry" language is interpreted in the final rules.
- National Interest Waivers (NIW): If your work is in AI, biotech, or defense, start building the case for a fee exemption now. You'll need mountains of documentation to prove your role is vital to the country.
- Budget for Audits: Along with the fees, the Department of Labor has stepped up "site visits." If you do hire an H-1B worker, expect a knock on the door to verify they are actually doing the job you described at the wage you promised.
The era of the "cheap" H-1B is dead. Whether the $100,000 fee survives the courts or not, the message is clear: the bar for bringing talent into the U.S. is now purely financial.
Next Steps for Your Business
- Audit your current H-1B roster to ensure all renewals are filed before any further policy shifts.
- Consult with counsel specifically on the "pay.gov" electronic payment process for the $100,000 fee to ensure compliance if the courts allow it to stand.
- Evaluate "Nearshoring" options in Canada or Mexico for talent that can no longer be sponsored under the new U.S. fee structure.