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$100,000 Fee Applies to New Petitions

Simon Osuji by Simon Osuji
September 21, 2025
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H-1B Visa Clarification: $100,000 Fee Applies to New PetitionsH-1B Visa Clarification: $100,000 Fee Applies to New Petitions
H-1B Visa Clarification: $100,000 Fee Applies to New Petitions

Washington, D.C. On Saturday evening, September 20th, 2025, the White House issued a formal clarification regarding the newly proposed $100,000 H-1B visa fee. They confirmed that the fee is a one-time charge applicable only to new H-1B petitions. The statement came amid mounting confusion and concern in the business and immigration communities. This followed a controversial announcement earlier in the week.

The clarification explicitly states:

“Individuals who already hold H-1B visas—including those currently abroad—will NOT be required to pay this fee to re-enter.”

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The announcement was made in response to widespread alarm. Commerce Secretary Howard Lutnick’s earlier comments appeared to suggest the $100,000 charge could be a recurring annual fee for all H-1B holders. His remarks caused a wave of uncertainty among tech companies, healthcare institutions, startups, and immigration attorneys. These groups rely heavily on highly skilled foreign workers.

Business and Legal Communities React

The initial ambiguity surrounding the fee prompted a flurry of reactions. Industry leaders, particularly from the tech sector, warned of serious disruptions to the labor market and talent pipelines. Many immigration attorneys reported being flooded with urgent inquiries from current visa holders and their employers.

“We had clients calling in a panic, asking if they would need to pay $100,000 every year to keep their engineers or data scientists,” said an immigration attorney based in San Jose. “This clarification helps, but it underscores the importance of precise language when making policy announcements.”

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Key Takeaways from the White House Clarification

  • The $100,000 fee applies only to new H-1B visa petitions filed after the new policy goes into effect.
  • Current H-1B visa holders—including those renewing their status or re-entering the U.S. from abroad—are exempt from this fee.
  • There is no annual fee associated with the H-1B beyond the existing USCIS filing and legal processing costs.
  • The policy is part of a broader effort by the administration to reform high-skilled immigration while addressing concerns about domestic labor market impacts.

What Comes Next?

While the clarification has eased some concerns, many stakeholders are now calling for a more detailed policy rollout and a formal rulemaking process to avoid further confusion. Congressional leaders on both sides of the aisle are also expected to weigh in, especially as the $100,000 fee proposal makes its way through regulatory review.

As of now, no official implementation date has been provided, and it’s unclear whether the proposed fee will face legal or legislative challenges.

For employers and workers navigating the H-1B system, experts recommend staying in close contact with legal counsel. They should also monitor updates from the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security.

This is a developing story.

H-1B Visa Clarification: $100,000 Fee Applies to New Petitions

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