Decoding Trump's New H-1B Visa Rule: $100,000 and the Future of Work Visas

 

If you’ve been following U.S. immigration news, you’ve probably heard the buzz around the H-1B visa. It’s the work visa that allows skilled professionals especially from India and the tech world to live and work in the United States. Now, a brand new rule has shaken things up: starting September 21, 2025, any new H-1B petition filed for someone outside the U.S. will come with a staggering $100,000 fee.

In this article you’ll know: 

• Exactly who must pay the new fee and who is exempt.

• How this rule could affect Indian workers, U.S. tech companies, and the global hiring landscape.

• What remains unchanged about the H‑1B visa system.

• Key uncertainties and potential legal challenges.

By the end, you’ll have a clear picture of the new H‑1B landscape and how it could impact careers, companies, and international mobility.

Who Must Pay The New $100,000 H-1B Fee

The new rule applies to new H‑1B petitions filed for workers currently outside the U.S.. Specifically:

New applicants abroad: If an employer files an H‑1B petition for someone outside the U.S., the employer must pay the $100,000 one-time fee.

Petitions starting after September 21, 2025: Only petitions filed on or after this date are affected.

Who Is Exempt

Certain workers and petitions do not have to pay the fee:

1. Existing H‑1B holders: Workers already holding a valid H‑1B visa are exempt, even if they extend or transfer their visa.
2. Cap-exempt employers: Universities, research institutions, and some non profits filing petitions are generally exempt.
3. Change of status inside the U.S.: If the beneficiary is already in the U.S. and changing status (e.g., from F‑1 to H‑1B), the fee typically does not apply.

In short: if you’re a skilled worker outside the U.S. seeking a new H‑1B visa, your employer will likely need to pay this fee. If you’re already in the U.S. on H‑1B or going through certain cap-exempt institutions, you don’t pay it.

Example: Who Pays the $100,000 Fee and Who Doesn’t

Scenario 1: New H‑1B applicant outside the U.S.

• Ravi lives in India and gets a job offer from a U.S. tech company.

• His employer files a new H‑1B petition after September 21, 2025.

• Fee applies: Employer must pay $100,000.

Scenario 2: Existing H‑1B worker in the U.S.

• Priya has been working in the U.S. on an H‑1B visa for 3 years.

• Her company files for a renewal or transfer.

• Fee does not apply: She is already an H‑1B holder.

Scenario 3: Cap-exempt employer

• Sameer gets a job offer from a U.S. university.

• University files his H‑1B petition.

• Fee does not apply: Universities are exempt.

Scenario 4: Change of status inside the U.S.

• Aisha is on an F‑1 student visa and receives an H‑1B job offer.

• Petition is filed while she is still in the U.S.

• Fee does not apply: She is changing status inside the country.

How the New H-1B Fee Could Affect Indian Workers , US Tech Companies , and Global Hiring 

For Indian workers, the impact could be immediate and personal. India is the largest source of H-1B visa holders, especially in tech. The $100,000 fee makes it more expensive for U.S. companies to hire talent from abroad. This could slow down new job offers, delay visa processing, or push some workers to look for remote roles with U.S. companies without moving. Families may also face uncertainty about relocating since fewer companies may sponsor overseas hires.  

For U.S. tech companies, especially startups and mid-sized firms, this represents a significant cost increase. Filing multiple new H-1B petitions can suddenly become very costly. Some firms may focus on hiring U.S.-based employees, while others may move operations offshore to avoid the fee. Large tech giants might manage the cost, but smaller companies could see disruptions in their hiring strategies and budgets.  

On a global scale, the new rule may change how talent moves internationally. Countries like Canada, Australia, and Germany, which have attractive work visa programs, could become more appealing to skilled workers. Companies worldwide may rethink where to hire based on costs, leading to more remote work opportunities outside the U.S., but possibly fewer new visa-sponsored relocations to America.  

In short, this fee isn’t just a number; it could reshape careers, hiring decisions, and the international tech workforce landscape.

What Remains Unchanged About The H-1B Visa System 

Even with the new $100,000 fee, many core aspects of the H‑1B system remain the same.

1. Annual Cap Still Applies
• The total number of H‑1B visas issued each year is still 65,000 for regular petitions and an additional 20,000 for U.S. advanced degree holders.
• This lottery system continues to decide who gets a visa when applications exceed the cap.
2. Specialty Occupation Requirement
• H‑1B visas are still only for jobs that require specialized knowledge and at least a bachelor’s degree or equivalent. Typical fields include tech, engineering, science, and healthcare.
3. Employer Sponsorship
• Workers cannot self-sponsor. Employers must file the petition and demonstrate that the role meets H‑1B requirements.
4. Duration of Stay
• The visa is still generally valid for three years, extendable up to six years(with some exceptions for green card processing).
5. Cap-Exempt Employers
• Universities, research institutions, and some non-profits remain exempt from the cap, as they always have been.
6. Worker Rights and Protections
• Labor protections, including prevailing wage requirements and anti-displacement rules, continue to apply.

In short, while the $100,000 fee is a major change, the fundamental structure, eligibility, and purpose of the H‑1B program remain intact. Workers, employers, and policymakers still operate under the same core rules.

Key Uncertainties and Potential Legal Challenges

While the new $100,000 H‑1B fee is set to take effect, several uncertainties remain, leaving workers and employers cautious.

1. Definition of “New Petition”
• It’s clear the fee applies to new petitions for workers outside the U.S., but some situations are less obvious.
• For example, what happens if a worker abroad had a prior H‑1B but is filing after a long gap? Courts or USCIS guidance may be needed to clarify.
2. National Interest Exemptions
• The government can exempt certain petitions for the “national interest,” but criteria are vague.
• Companies and lawyers are watching closely to see which roles qualify and how frequently exemptions will be granted.
3. Legal Challenges
• Some industry groups and foreign governments have signaled they may challenge the fee in U.S. courts, arguing it imposes an unfair burden.
• Timing, interpretation, and enforcement could change depending on court decisions or future administrative adjustments.
4. Long-Term Policy Shifts
• H‑1B rules often change with political administrations. This fee is currently in effect through September 21, 2026, but it could be extended, reduced, or canceled.
• Workers and companies must plan with flexibility, knowing that immigration policies are subject to rapid change.

In short: while the fee is real and enforceable, how it will be applied in specific cases and how legal challenges may shape its future remains uncertain. Being informed and prepared is the only way to navigate these changes safely.

Conclusion 

The new $100,000 H‑1B fee is one of the most significant changes to the program in years. It directly affects new applicants outside the U.S., especially Indian tech workers, while sparing existing H‑1B holders and certain cap-exempt institutions. U.S. companies face higher hiring costs, which could shift hiring strategies or encourage remote work.

At the same time, the core H‑1B system cap limits, specialty occupation rules, employer sponsorship, and visa duration remains unchanged. Uncertainties around exemptions, legal challenges, and future policy mean applicants and employers need to stay informed and plan carefully.

In short, this fee reshapes the H‑1B landscape without changing its foundation, and understanding it is key for anyone navigating U.S. work visas today.