President Trump has issued a proclamation making it mandatory for all US employers to pay $100,000 fee before hiring a foreign worker under the H-1B visa program. The proclamation states that all US employers hiring foreign workers in the 2026 H-1B lottery and other H-1B petitions submitted after September 21, 2025, will be required to pay a $100K fee.
The new H-1B $100K fee has already prompted many companies to change their plans for hiring foreign workers. A US employer, under the new rules, filing a H-1B petition on behalf of an international worker, will initially have to pay the $100,000 fee, thus making the cost of hiring foreign labour costlier. The $100K fee is a one-time fee on submission of a new H-1B petition.
However, the H-1B $100K petition fee rules exempt certain workers, and foreign students, thus not requiring US employers to pay the fee while hiring foreign workers.
The US has clarified that F-1 students and H-1B visa holders currently in the US are exempt from the $100k fee proclamation.
The most important thing to understand here is that not all of them are exempt. The proclamation says – “The Proclamation also applies if a petition filed after September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.” This leaves those who are now outside the United States and need consular interventions.
H-1B Holders Travel Exemption
The Presidential Proclamation Restriction on Entry of Certain Nonimmigrant Workers, issued on September 19, 2025, restricts H-1B nonimmigrants’ entry into the US for specialty occupation services, except for those with $100,000-accompanied petitions with USCIS.
However, the Proclamation does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
Existing H-1B Holders Exempted
The $100K petition fee will not apply to any previously issued H-1B visas. Also, if the H-1B petitions have been submitted before September 21, 2025, the new fee will not apply.
H-1B Renewals Exempted
H-1B renewals will not be impacted and employers need not pay the new $100K fee. H-1B status is valid up to 3 years and extendable up to another 3 years, for a total period of admission of 6 years in the US.
Change of Status
If you are an F-1 student interested in changing to H-1B status, your prospective employer must sponsor you and file that petition.
US employers hiring foreign students who are currently in the US and holding F-1 visas will be exempt from paying the $100k fee. The US laws allow ‘change of status’ for non-immigrants under which F-1 visa holders can switch to H-1B visas. Foreign students undergoing the OPT program also qualify for being hired by US employers through a ‘change of status.’
The foreign worker after applying for renewal and the foreign student should not depart the United States prior to adjudication of a change of status request or renewal.
Full Exemption
The proclamation also clearly defines the exemptions that will allow US employers to file an H-1B petition for foreign workers without paying the $100k fee.
US employers can request an exception for their foreign workers if they believe their worker meets a high threshold by sending a request and supporting evidence to DHS.
An exception can be granted in rare cases where a foreign H-1B worker’s presence in the US is in the national interest and does not pose a threat to the US’s security or welfare, or if no American worker is available.
