U.S. Citizenship and Immigration Services (USCIS) confirmed Monday that the $100,000 H-1B visa fee applies to new petitions filed for applicants outside the United States. The update stems from a Sept. 19 proclamation by former President Donald Trump, which went into effect at 12:01 a.m. EDT on Sept. 21, 2025.
According to USCIS’ new guidance, the rule affects any new H-1B petitions filed after the deadline for individuals without a valid visa. The agency emphasized that payment is required for petitions requesting consular or port of entry notifications, or when USCIS denies change-of-status or extension-of-stay requests for ineligible applicants.
A Policy Born from “America First” Rhetoric
The H-1B visa program—long a cornerstone for U.S. employers hiring specialized foreign talent in tech, healthcare, and engineering—has been reshaped by this steep fee. Trump defended the measure as a “restriction on entry” meant to protect American jobs while ensuring only the “best of the best” foreign workers enter the U.S.
However, data from USCIS shows that 64% of all H-1B visas in 2024 went to computer-related jobs, making the tech industry the most impacted. Critics say the fee is a blunt instrument, one that punishes startups, small businesses, and research institutions rather than deterring fraud.
