Main takeaway:
In-house lawyers at US and global businesses should review their organization's policies and practices on employing skilled foreign workers in the US, based on a recent US presidential action that makes it more costly for businesses to file petitions for H-1B visas on behalf of non-US residents.
Context:
- On September 19, 2025, US President Donald Trump issued a presidential proclamation raising the fee for employers to file new petitions for H-1B skilled-worker visas to $100,000, up from previous fees that ranged from $2,000-5,000.
Implications: - As of the date of this writing, existing H-1B visa holders, renewals with the same employer, and petitions filed or approved prior to September 21, 2025 are not subject to this new fee. It is unclear whether this fee will apply to visa extensions, amendments, or change-of-employer transfers.
- Also, the proclamation provides for a "national interest" exception for individuals, companies, and industries at the discretion of the Secretary of Homeland Security. No additional criteria have yet been issued for this exception.
- This move impacts businesses’ ability to engage skilled foreign workers, especially those from India., Workers originating from India made up over 70% of all H-1B visa holders in 2023.
- Certain industries and roles may be affected more significantly, such as in technology companies, academia, medicine, and nonprofits.
Four steps for in-house counsel:
Consider these steps to help the business navigate this development.
- Audit your organization's current and prospective H-1B situation.
Review which employees or prospective hires will potentially be affected, such as those outside the US who will need new H-1B visas, or whose petitions weren't filed by September 21, 2025. Determine who is not subject to the new fee (existing visa holders, petitions already filed before September 21, etc.).
- Evaluate eligibility for the National Interest exception.
Assess whether any of your roles or hires might qualify for waiver of the fee under the “national interest” exception. If so, start preparing documentation and strategy now, keeping in mind that specific criteria have not been defined yet.
- Revisit your organization's strategy for employing foreign talent that may be needed.
Consider which roles will likely be impacted by the new fee and that may no longer be financially tenable to fill through the H-1B process. Consider the impact of potential workforce shortages for such roles on the organization’s operations. Consider alternative recruitment options, such as recruiting locally, exploring other visa categories that may be relevant, or working with global capability centers outside the US.
- Keep up with new developments.
Key details around this presidential proclamation are still to be clarified, and it may be challenged in the courts. Watch for pending litigation and for guidance from key US agencies, such as the Department of Homeland Security (DHS), the US Customs and Immigration Service (USCIS), and the State Department.
ACC's Navigating the New US Administration collection can help you stay up to date on new developments.
Learn more about the implications for employers:
Trump Administration Issues Clarifications on H-1B Proclamation and $100K Entry Fee — Uncertainty Remains, by Jackson Lewis (September 23, 2025)
H-1B $100,000 Entry Fee: What Employers Should Know (US), by Cozen O'Connor (September 22, 2025)
United States to Charge $100K for H-1B Visas: Employer FAQs & Action Plan, Fisher & Phillips (September 22, 2025)
President Trump Signs Proclamation Requiring $100K Fee for H-1B Holders, by Jackson Lewis (September 20, 2025)
Also check out:
Visa Whiplash: Navigating the H-1B Shakeup and Enforcement Fallout, live webinar presented by the ACC Employment & Labor Law Network (October 1, 2025, 3:00 PM EDT)