What Changed — Key Facts
- Effective date: The rule took effect on September 21, 2025, at 12:01 a.m. EDT, per USCIS guidance.
- Who pays the $100,000 fee: The fee applies to new H-1B petitions filed for beneficiaries outside the United States.
- Who is exempt
Existing H-1B visa holders
H-1B renewals
Change-of-status petitions filed before the effective date
- Temporary measure: The proclamation is set to expire after 12 months, unless extended.
- Possible exemptions: DHS retains discretion to grant exemptions or national interest waivers in qualifying cases.
- White House clarification: The administration confirmed the rule does not apply to current H-1B holders, renewals, or petitions filed prior to implementation.
Who This Affects The Most
- Employers hiring from abroad: The additional cost burden falls squarely on sponsoring employers.
- Prospective H-1B applicants outside the U.S.: Budget expectations and visa strategies must now be reassessed.
- Tech firms & high-skill employers: Industries reliant on global talent face a new structural cost barrier.
- Global talent export markets (e.g., India): Applicants from major source countries are likely to feel the impact most acutely.
Why This Change Was Introduced
Government position:
The administration says the measure is intended to curb abuse of the H-1B program and ensure that only high-value, specialized roles are sponsored.
Critics’ concerns:
- Disincentivizes innovation
- Disproportionately affects startups and small firms
- Risks pushing global talent toward alternative destinations
Ongoing uncertainty:
Ambiguity remains around how amendments, change-of-employer filings, and edge cases will be treated, creating legal and operational challenges.
Practical Impacts to Expect
- Dramatically higher cost per hire
What once cost a few thousand dollars can now exceed six figures - Shifts in hiring strategy
Companies may prioritize: - Local hires
- Remote employment
- Alternative visa destinations (Canada, UK, EU)
- Offer negotiations become critical
Clarifying who pays the supplemental fee is now a key part of job offers. - Timing matters more than ever
Petitions filed before the effective date remain exempt.
How to Navigate This Change — Tips & Strategy
- Confirm petition type
Determine whether your case qualifies as a new petition versus a renewal. - Explore exemptions and waivers
Critical or high-impact roles may qualify for national interest exceptions. - Consider alternative visa pathways
Many candidates are now exploring Canada, the UK, and EU work visas. - Engage immigration counsel early
Legal guidance is essential as interpretations continue to evolve. - Reassess hiring and relocation budgets
Especially crucial for startups and smaller employers.
If you’re a company or candidate navigating this change, organization and timing are everything. Platforms that centralize documentation, deadlines, and policy updates can help prevent costly surprises.
VOYA helps keep visa paperwork organized and timelines clear — so shifting policies don’t catch you off guard.
