Excerpt Introduction: A proposed $100,000 fee on certain H-1B visa petitions is causing quite a stir. The real question is: does it apply to you? If you're planning to come to the U.S. on an H-1B or extend your current status, it's critical to know when this massive fee hits. Let’s walk through the real scenarios and separate fact from fiction.
Quick Reference Table: Who Pays the $100,000 H-1B Fee?
| Scenario | Fee Applies? | Reason |
|---|---|---|
| New H-1B from outside U.S. | Yes | Worker is abroad at the time of petition filing |
| New H-1B from inside U.S. | No | Change of status from within U.S. |
| H-1B extension (same employer) | No | Extension does not trigger fee |
| H-1B transfer to new employer | No | Still in U.S. during transfer |
| Travel abroad after petition filing | No | Location at time of filing matters |
| New petition after leaving U.S. | Yes | Fresh petition from outside the U.S. |
Overview of the Proposed $100,000 H-1B Fee
In recent U.S. immigration reform proposals, a $100,000 fee for certain H-1B petitions has been introduced in bills like the “High-Skilled Immigration Protection Act.” While it’s not yet law, the provision targets petitions filed on behalf of workers who are physically located outside the U.S. at the time of filing.
The goal of this steep fee is to deter outsourcing and encourage companies to hire workers already in the U.S., such as students on F-1 visas or those changing employers. It's crucial to know when and how this fee could apply—especially if you’re an employer or a foreign national planning your career in the U.S.
Detailed Scenarios: When the $100,000 H-1B Fee Applies
Scenario 1: New H-1B from Outside the U.S.
Example: An Indian software engineer in Hyderabad is selected in the H-1B lottery and their U.S. employer files the petition.
Fee Applies: Yes
Because the worker is physically outside the U.S. when the petition is filed, this triggers the proposed $100,000 fee.
Scenario 2: New H-1B from Inside the U.S. (Change of Status)
Example: An F-1 student already in the U.S. applies to change status to H-1B.
Fee Applies: No
Since the individual is inside the U.S. at the time of filing, the fee does not apply.
Scenario 3: H-1B Extension or Renewal (Same Employer)
Example: A current H-1B employee files for a 3-year extension with the same employer.
Fee Applies: No
Extensions and renewals for existing H-1B holders within the U.S. are not subject to the proposed fee.
Scenario 4: H-1B Transfer to a New Employer
Example: A software engineer on an H-1B visa transfers to a new company while remaining in the U.S.
Fee Applies: No
Transfers filed while the worker is physically present in the U.S. do not trigger the fee.
Scenario 5: H-1B Worker Travels Abroad During Extension or Transfer
Example: An extension is filed while the worker is in the U.S., but they travel to India and need visa stamping.
Fee Applies: No
The fee is based on the worker’s location at the time of filing—not where they are when they go for stamping. So, no fee in this case.
Scenario 6: New Petition After Worker Has Left the U.S.
Example: Someone previously on H-1B leaves the U.S. for a year. A new employer wants to rehire them and files a petition while they’re abroad.
Fee Applies: Yes
Since the worker is outside the U.S. at the time of the new petition, the fee is required.
Legal Background
- Proposed in immigration bills such as the “H-1B Reform Act” in Congress (2023–2024)
- Targets high-volume IT outsourcing firms
- Fee is not currently in effect as of September 2025 but could be included in upcoming reforms
Frequently Asked Questions
Q: Is the $100,000 H-1B fee law right now?
A: No, it is still a legislative proposal. As of now, it has not been signed into law.
Q: Does this fee replace existing H-1B fees?
A: No, this would be in addition to existing fees like the I-129 filing fee, anti-fraud fee, and optional premium processing.
Q: Can my employer avoid this fee by filing a change of status?
A: Yes. If you are in the U.S. at the time of filing, a change of status will likely avoid the fee under the proposed rules.
Q: What if I leave the U.S. after my petition is filed?
A: The fee is determined by your location at the time of petition filing. Leaving afterward does not affect the fee status.
Final Thoughts
Whether you're an H-1B hopeful or an employer looking to sponsor international talent, staying informed about legislative changes is critical. The proposed $100,000 fee could significantly impact hiring strategies, especially when filing for individuals located abroad.
Plan ahead, consult with immigration professionals, and monitor updates from trusted sources.
Useful Resources:
- USCIS – H-1B Specialty Occupations
- Trump Signs $100K Annual Fee for H-1B Visas: A Game-Changer for Tech and Immigration
- Congress.gov – Legislative Proposals
- Fragomen – Immigration Law Updates
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