Update: H-1B Visa Fee Increase
President Trump signed a proclamation on September 19 requiring employers to pay $100,000 to sponsor new H-1B petitions and creating restrictions on the entry of H-1B workers into the United States. On October 20, U.S. Citizenship and Immigration Service (USCIS) provided additional guidance on the fee. Here is an overview of the new guidance.
Who is subject to the $100,000 fee?
People with H-1B petitions filed on their behalf on or after September 21, 2025, AND
- The worker is outside the U.S. when the petition is filed and does not already hold a valid H-1B visa stamp, OR
- The petition requests consular processing, OR
- The petition requests an amendment, change of status, or extension of stay, and USCIS finds the worker ineligible.
Exceptions
The Department of Homeland Security may grant an exception to the fee only in “extraordinarily rare” circumstances. Employers seeking an exception must submit a detailed justification and supporting evidence. Individual beneficiaries (workers) may not request an exception.
Who is NOT subject to the fee?
- All H-1B workers who hold a valid H-1B visa stamp issued before September 21.
- People with H-1B petitions filed on their behalf before September 21.
- H-1B workers who are approved within the U.S., and later depart to apply for an H-1B visa stamp and/or to reenter the U.S. in H-1B status.
- People in the U.S. with H-1B petitions that are approved for the following actions: amendment, change of status, or extension of stay.
- F-1 students and others who switch to H-1B status within the U.S. are not subject to the fee.
- Change of employer petitions are not subject to the fee.
More to Come
The proclamation is expected to face legal and regulatory challenges. International Services is monitoring the situation closely and communicating directly with Cornell’s H-1B visa holders about any updates and immediate impacts. Please reach out if you have questions.
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