New England Biz Law Update
The U.S. Treasury Department has launched an online payment portal to support the newly required $100,000 fee for certain H-1B visa petitions.
The fee takes effect for new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. who either don’t hold a valid H-1B visa or whose petitions seek consular notification, port-of-entry notification or pre-flight inspection.
Importantly, the latest guidance clarifies that the fee does not apply to amendments, changes of status or extensions for H-1B holders already inside the U.S., if USCIS grants the request.
Employers must pay through the portal before filing the relevant petition.
USCIS also reiterated that the fee will not apply to currently valid H-1B visas issued before the effective date.
In certain cases, the Secretary of Homeland Security may grant an exemption if the position is in the national interest, no U.S. worker is available, the worker poses no security risk and requiring payment would undermine U.S. interests.
Despite that possibility for an exemption, business groups and immigration advocates warn that the fee could significantly escalate costs for employers, especially tech firms and universities. Meanwhile, lawsuits filed by the U.S. Chamber of Commerce and other coalitions are challenging the fee on procedural and constitutional grounds.
Employers who are sponsoring new H-1B petitions should assume the fee applies unless a clear exemption is confirmed, update their visa-budget forecasts accordingly, and monitor litigation and policy updates for any reversal or refinement of enforcement.
