In September 2025, the White House announced a proclamation that immigrants on H-1B specialty occupation visas and other similar types of workers would now require their employers to pay a $100,000 fee as a supplement. The administration has said the moves would curb what it sees as abuse of the H-1B program, particularly in STEM and tech outsourcing fields. This change presents new financial hurdles for foreign workers and employers, and may lead to a shift in hiring plans in the year ahead.
What the New Policy Requires and Who It Affects
The proclamation shall be effective as of September 21, 2025. Starting on that date, any H-1B petition filed for a worker residing outside the United States in a specialty occupation will be required to include a payment of $100,000 unless an exemption applies.
Employers that don’t account for this payment may have their petition denied or the worker’s entry refused. The measure will take effect for 12 months but may be renewed. Some classes of non-immigrant workers may be exempt, and the Secretary of Homeland Security may also waive the requirement if he or she determines it is in the national interest.
However, this discretion is sweeping; the outcome may depend on how agencies interpret it into a rule. If you, or your employer, do not know if an exemption applies to you, the time is now for compliance. Schedule a consultation with us. The Law Office of Olena Manilich can evaluate your situation and assist you in finding the right direction.
Examples of How This Might Play Out
Imagine a software engineer in India gets an offer from a tech start-up in the United States. Previously, the company would file the H-1B petition, and the engineer would conduct consular processing before reporting to work. The employer must also foot the $100,000 supplement under the new rule. If the new company cannot pay, the engineer’s journey to America could be stopped.
Another example would be a university or nonprofit research institution bringing in a foreign researcher. As a result of their nature, these positions may meet the NIW standard, which means that an applicant will be able to enter without the add-on. It all depends on an employer’s resources — and whether the job warrants a waiver.
If you are not clear as to the category that your case falls in, it is best to contact our office.
Cost Impacts and Financial Considerations
The economic cost of this policy is not something to be scoffed at. In addition to the current USCIS and Department of State filing fees (most often between $1,700 and $6,000 based on employer size). The new fee supplement will necessitate an additional budgeting factor for employers of at least $100,000. Compliance and legal costs are also expected to be higher. Prepping waiver requests and covering for potential delays can add up to several thousand dollars more.
All told, it can cost an employer more than $110,000 when combining filing fees, the supplement, and legal help. For foreign employees, the costs remain indirect. The lengthy waits for visa processing and the loss of income while awaiting clearance. The stakes are high, and strategic planning is required. Our team of visa lawyers can help you navigate these challenges and consider potential avenues to minimize fees or qualify for exceptions.
How We Can Help
It is one of the most far-reaching changes in H-1B immigration in recent years. It burdens employers with foreign workers and demands a $100,000 payment on many new petitions. At The Law Office of Olena Manilich, we are here to help businesses and individuals move through these developments.
If you are impacted by this new policy, don’t waste time until your petition is stuck or denied. Schedule your consultation to begin the process of preserving your immigration and achieving optimal results.
