President Trump’s September 19, 2025 proclamation will require employers to pay $100,000 in fees when sponsoring H1B visa foreign workers. This new policy starts September 21, 2025 and marks a huge jump from earlier H1B fees that ranged from $960 to $7,595.

The steep H1B visa fees have sparked quick legal action. Two lawsuits challenge the proclamation, and twenty states have united to fight the Trump administration’s decision. These states claim the fee will hurt employers and violates the law. The legal challenge carries weight since Washington’s state agencies, public universities, and colleges alone employ nearly 500 H-1B visa holders across more than 30 institutions.

These changes will alter more than just the 65,000 standard H1B visas and 20,000 advanced degree visas issued each year. H1B spouse work permits also remain a key concern for employers. DHS approved work authorization for more than 25,000 H-4 holders last year, with total approvals exceeding 258,000 since 2015. H1B visa spouses bring valuable skills to the American workforce – 90 percent hold bachelor’s degrees and over half have completed graduate studies.

Understanding the $100,000 H-1B Visa Fee

The new $100,000 H-1B visa fee announced in September 2025 marks a dramatic transformation that will change how companies hire through the H-1B program. Many experts describe this fee as “a tariff on the importation of labor,” which has left employers confused about its reach and application.

What the proclamation says

The “Restriction on Entry of Certain Nonimmigrant Workers” proclamation came from President Trump on September 19, 2025. This document serves as the original step to reform the H-1B visa program, aiming to stop misuse and defend American workers. The president signed this under sections 212(f) and 215(a) of the Immigration and Nationality Act, which lets him limit certain foreign nationals from entering.

The proclamation’s main point blocks H-1B specialty occupation workers from entering the United States unless their petitions come with a $100,000 payment. The Department of Homeland Security must reject petitions that lack this payment for H-1B workers outside the United States.

The document also allows exceptions if the Secretary of Homeland Security decides that bringing in specific H-1B workers “is in the national interest and does not pose a threat to the security or welfare of the United States“.

When the fee applies

USCIS cleared up early confusion by stating the fee starts for H-1B petitions filed after 12:01 a.m. eastern daylight time on September 21, 2025. The scope turned out smaller than people first thought.

The fee kicks in for new H-1B petitions if workers are outside the United States without a valid H-1B visa. It also applies to H-1B petitions asking for consular notification, port of entry notification, or pre-flight inspection for people currently in the United States.

USCIS will require this fee if they find someone can’t change their status, amend it, or extend their stay – like when they’re not in valid status or leave the United States before getting approval.

Companies must pay the $100,000 through pay.gov before filing with USCIS and show proof with their H-1B petition. USCIS will deny petitions that don’t include proof of payment or exception evidence.

Who is affected by the rule

This fee mostly hits companies looking to hire H-1B workers from abroad through petitions filed after September 21, 2025. Companies don’t need to pay if their H-1B workers are already in the US and want to change or extend their H-1B status.

Current H-1B employers can breathe easy – they won’t face this fee when filing extension petitions. The fee doesn’t apply to F-1 students, H-4 Employment Authorization Card holders, or other nonimmigrants changing their status to H-1B within the US.

USCIS made it clear that approved H-1B status changes or extensions don’t trigger the fee, even if workers later leave the United States and need an H-1B visa from a US Embassy or Consulate abroad.

H-1B workers switching employers might face the fee in certain cases. They get 60 days to find another job, get different nonimmigrant status, or leave the United States if unemployed. Staying jobless beyond 60 days usually means losing status and needing a visa from abroad – that’s when the $100,000 fee comes into play.

Exceptions and Exemptions to the Fee

Many employers and foreign workers have expressed concerns about the steep $100,000 H-1B fee. U.S. Citizenship and Immigration Services (USCIS) has now clarified several key exemptions. Businesses need these exceptions to manage their immigration compliance strategies effectively.

Amendments and extensions

The $100,000 fee doesn’t apply to H-1B petitions that request amendments or extensions of stay for employees already in the United States. Current employers of H-1B workers can file a standard extension of status petition without worrying about this fee. The exemption stays valid whatever the petition filing date—even for submissions on or after September 21, 2025, as long as the worker maintains valid status.

Change of status within the U.S.

People physically present in the United States with a different nonimmigrant status won’t need to pay the fee when changing to H-1B status. This brings relief to:

• F-1 students transitioning to work after graduation
• H-4 Employment Authorization Card holders
• L-1, TN, or other nonimmigrants changing to H-1B status

Universities and research institutions that hire international students completing their U.S. education will benefit substantially from this exemption.

H-1B visa stamping and reentry

USCIS has made a vital clarification about travel scenarios. H-1B workers with an approved change of status, amendment, or extension petition within the U.S. stay exempt from the $100,000 fee even if they:

• Leave the United States
• Apply for an H-1B visa at a U.S. consulate abroad
• Seek reentry using their current valid H-1B visa

Exempt H-1B professionals can now travel internationally without facing the hefty fee requirement upon their return.

National interest exception criteria

The Department of Homeland Security might grant exceptions in “extraordinarily rare circumstances”. Petitioners must email their request to H1BExceptions@hq.dhs.gov before filing the H-1B petition.

The request should show that:

• The worker’s presence serves the national interest
• No qualified American worker can fill the position
• The worker poses no security or welfare risk to the United States
• Fee payment would harm U.S. interests

DHS hasn’t issued formal guidance about blanket exemptions for specific industries. Employers should call it a viable option only for exceptional cases that meet USCIS’s strict criteria.

Legal Challenges and Lawsuits

President Trump’s proclamation sparked multiple lawsuits that challenge the $100,000 H-1B visa fee. These legal battles raise constitutional questions that might reach the Supreme Court.

Global Nurse Force v. Trump

A broad coalition filed the first major lawsuit in the U.S. District Court for the Northern District of California on October 3, 2025. Democracy Forward, Justice Action Center, and other legal groups represent healthcare providers, labor unions, schools, and religious organizations. The plaintiffs claim that the proclamation has “thrown employers, workers, and federal agencies into chaos”. The coalition includes medical residents, nurses who serve underserved communities, schools that rely on H-1B workers, and religious organizations needing foreign religious professionals.

Chamber of Commerce lawsuit

The U.S. Chamber of Commerce mounted another challenge on October 16, 2025, in the District of Columbia. The Chamber and the Association of American Universities claim the fee violates the Immigration and Nationality Act and places unlawful burdens on employers. Neil Bradley, Executive Vice President at the U.S. Chamber, states the fee makes it “cost-prohibitive for U.S. employers, especially start-ups and small and midsize businesses, to utilize the H-1B program”. The court might rule on the motion to stop enforcement by December 8, 2025.

State attorneys general coalition

California Attorney General Rob Bonta led a powerful third lawsuit with 19 other states on December 12, 2025. The litigation, filed in federal court in Boston, brings together states like New York, Massachusetts, Illinois, New Jersey, and Washington. Washington’s case shows that nearly 500 H-1B visa holders work in more than 30 state agencies, universities, and colleges. The states believe the proclamation will destabilize schools, hospitals, and universities by creating arbitrary barriers to talent acquisition.

Claims of unlawful taxation and overreach

The lawsuits share several key legal arguments. The plaintiffs assert that the president cannot create new H-1B program requirements, including fees. They also claim the $100,000 charge is an unlawful tax that Congress alone can impose. Bonta’s office declared that the “U.S. Constitution bars Trump from unilaterally imposing fees to generate revenue for the United States, a job that is reserved for Congress”. All lawsuits also state the fee violates the Administrative Procedure Act because it bypasses notice-and-comment requirements.

Employers with H-1B visa concerns should talk to immigration attorneys about compliance while litigation continues. The legal uncertainty affects h1b spouse work permit processing, though no direct changes to H-4 EAD programs have been announced yet.

Employer Compliance and Filing Guidance

Companies need practical guidance to handle the new $100,000 H-1B visa fee requirements from the Supreme Court. This fee will reshape the hiring scene, so you need to understand the filing procedures to avoid mistakes that can get pricey.

How to pay the fee via pay.gov

You must complete the $100,000 fee payment before filing your H-1B petition. The payment system works only through the federal government’s online portal at pay.gov. Look for the form “H-1B VISA PAYMENT TO REMOVE RESTRICTION”. USCIS provides direct access at https://www.pay.gov/public/form/start/1772005176. This fee marks a huge jump from previous H-1B costs that covered standard filing and fraud prevention fees.

What documentation is required

Your H-1B petition needs proof of payment from pay.gov. If the Department of Homeland Security Secretary grants you an exception, you’ll need to show that approval instead. USCIS makes this crystal clear – they’ll deny petitions without these documents right away.

You’ll need these documents:

• Pay.gov confirmation of processed payment
• Form I-129 with all supporting evidence
• Certified Labor Condition Application (LCA)
• Employment verification letter

What happens if a petition is denied

Good news for employers – USCIS will give you a full refund of the $100,000 fee if they deny your petition. In spite of that, standard H-1B visa fees like Form I-129 filing and fraud prevention costs stay non-refundable. You can still withdraw your petition if you decide not to move forward with approval instead of paying the fee.

Avoiding consular notification pitfalls

We recommend extra care with petitions for people outside the U.S. USCIS might deny petitions that come without the $100,000 fee payment. For people already in the U.S., make sure you can file and approve petitions as change of status or extension/amendment requests rather than consular processing.

Talk clearly with your current and future H-1B employees about keeping their status valid. Ask them to avoid unnecessary international travel to prevent consular processing requirements. H1B stamping in USA stays the same without this fee, giving approved workers a safe option.

Broader Impacts on Employers and Industries

The $100,000 H-1B visa fee creates waves that go way beyond the Supreme Court’s financial deliberations. These changes affect many parts of the American economy.

Effect on healthcare and education

The healthcare sector takes a big hit since H-1B sponsored doctors make up nearly 1% of all physicians. By 2037, we’ll be short 187,130 full-time physicians. Rural areas will suffer the most – they have two times more H-1B doctors than urban areas.

Schools rely heavily on international talent. Last fiscal year, 2,300 H-1B visa holders worked across 506 U.S. school districts. California school districts alone filed over 300 visa applications for 2023-24. They needed these teachers mostly for special education and bilingual instruction.

Effect on tech and research sectors

The tech industry shows a clear split with this fee. Big players like Amazon can handle it – they got approval for over 14,000 H-1B visas in early 2025. Small startups and mid-sized companies face a real challenge. One analyst asks, “If a start-up finds a noncitizen with the latest knowledge of AI, will that start-up be delayed from pursuing new product development because it cannot afford the $100,000 fee?”

H-1B professionals drive state-of-the-art solutions and patent development. This fee could hurt America’s tech leadership position.

Budget concerns for public institutions

Public institutions can’t work with these fees under their tight budgets. Universities and research facilities pay H-1B workers a median wage of $64,610. The fee doesn’t make sense when compared to these salaries. School districts that deal with fewer students and budget cuts can’t handle these extra costs. One district HR director put it simply: “we definitely don’t have a hundred thousand dollars to bring in these people”.

Potential loss of global talent

Yes, it is the long-term effect of pushing global talent toward other countries that might hurt the most. Studies show that if we reduce college-educated immigrants by 10%, U.S. natives would lose about $2.9 billion in annual welfare. Meanwhile, other countries welcome this talent:

• Canada (offering open three-year work permits to H-1B holders)
• United Kingdom (looking to remove visa fees for top professionals)
• Australia (keeping immigration policies more welcoming)

India leads this competition. They provided 71% of approved H-1B applicants in 2024. Now they might keep their skilled professionals at home.

The Trump administration’s new $100,000 H-1B visa fee marks a fundamental change in U.S. immigration policy. Companies now face tough choices about their international hiring plans. Legal challenges have emerged from many sides – healthcare providers, educational institutions, the Chamber of Commerce, and 20 states are questioning the fee’s future. Companies need to prepare for compliance while they watch these court cases unfold.

Companies should assess if their hiring needs qualify for exemptions. Candidates already in the U.S. can avoid this fee through change of status petitions. New hires from abroad will cost much more. This makes immigration timing a crucial part of planning.

This policy could weaken America’s position in the global race for talent. U.S. healthcare facilities, schools, research centers, and tech companies rely on skilled H-1B workers. Other countries are happy to welcome this talent with better immigration rules.

The next few months will be crucial as courts get into the fee’s constitutional questions. The situation remains unclear, but employers must track legal changes while meeting their staffing needs. Without doubt, the Supreme Court’s decision will show if this dramatic fee becomes a permanent part of U.S. immigration or ends up as a brief policy experiment.

Here are some FAQs about the H1B Visa Supreme Court case:

What is the new rule for H-1B in 2025?

The primary new rule for the H-1B program in 2025 is a shift back to a beneficiary-centric selection process, where registrations are selected by unique beneficiary rather than by each submitting employer. This change aims to reduce gaming of the system and increase fairness. Other regulatory updates concerning fees and eligibility are also possible, separate from any pending h1b visa supreme court case.

What is the new rule for H-1B visa?

A significant new rule for the H-1B visa, implemented for the Fiscal Year 2025 cap season, is the return to a selection process based on each individual beneficiary. This aims to prevent multiple registrations for the same person from increasing their chances of selection. It is an administrative rule change, not directly stemming from an h1b visa supreme court case.

Did Trump change the H-1B visa?

Yes, the Trump administration implemented several policy changes affecting the H-1B visa, including tightening eligibility criteria and suspending premium processing. The most notable was an attempt to restrict the h1b spouse work permit latest news, but that policy was largely blocked by litigation. Many of those restrictive policies have been rescinded or revised by subsequent administrations.

Will the H-1B visa fee be challenged in Court?

It is highly likely that the recent, substantial increase in H-1B visa fees will be challenged in court by industry groups and other stakeholders. Legal challenges to immigration fees are common, arguing they exceed statutory authority or are improperly implemented. Such a challenge could potentially develop into another significant h1b visa supreme court case.

Will there be a second round for H-1B 2026?

Whether there will be a second round of selections for the H-1B 2026 cap depends entirely on how many petitions are filed after the initial selection round. U.S. Citizenship and Immigration Services (USCIS) will conduct additional selections if the numerical cap is not met. This is a standard administrative process and is not related to the h1b spouse work permit latest news.

What is the minimum salary for H-1B in 2025?

The minimum salary, or required wage level, for an H-1B position is determined by the prevailing wage for the specific occupation and geographic area, not by a single national figure. The Department of Labor uses a four-tier wage system, and employers must pay at least the Level I or Level II wage depending on the job requirements. This system is independent of the h1b spouse work permit latest news but is a core part of the visa’s regulations.