The H-1B visa program is the largest employment immigration option in the United States with an estimated 730,000 current foreign nationals working under the program. Every year, hundreds of thousands of foreign nationals register for the H-1B lottery hoping to receive one of the 85,000 congressionally allocated visas. On September 19, 2025, President Trump issued a proclamation  introducing a new $100,000 fee for H-1B workers. The original proclamation failed to provide specifics on who would be required to pay the fee. Recently, USCIS issued new guidance providing clarification.

The updated guidance clarified that the $100,000 fee would only apply to new H-1Bs for individuals applying from outside the United States after September 21, 2025. The new fee will not apply to those already in the United States under H-1B status who apply for amendments, extensions, or change of employers. The fee also does not apply to foreign nationals in the United States who apply for a change of status to H-1B. Notably, this would include F-1 students working on OPT or STEM OPT who are selected in next year’s lottery. Lastly, the fee will also not apply to H-1B beneficiaries already exempt who later depart the United States, apply for visa stamping at a consulate, and seek to reenter the United States. The guidance does not make a distinction between cap-subject and cap-exempt H-1Bs. Currently, even cap-exempt filers, such as universities, are expected to pay the new $100,000 fee.

USCIS will also grant limited exemptions to individuals when their work is in the national interest, there are no Americans to fill the role, the individual does not pose a threat to the security or welfare of the United States, and that requiring the petitioner to pay the fee would undermine the interest of the United States. The administration signaled that these exemptions would only be granted in a “extraordinarily rare circumstance.” Additionally, without further guidance on what evidence is required, these exemptions will be entirely within USCIS’s discretion. Most petitioners should not anticipate being able to obtain an exemption.

The administration faced many legal challenges questioning the validity of the $100,000 fee. On December 23, 2025, a federal judge appointed by President Obama upheld the administration’s authority to attach a six-figure charge on these visas. Several other lawsuits brought by states and business groups challenging this provision remain pending before federal courts.

If the fee stands at the time of H-1B registration in March of 2026, and there is no temporary injunctive relief, expect to see far fewer registrations than in previous years. This may ultimately prove beneficial to some very large companies as there will be less competition for the limited visas. Some companies, like Nvidia, have already signaled their willingness to pay the fee.