If your future in the U.S. now carries a $100,000 price tag, what choices do you make? Do you push ahead with the H-1B despite the cost, or look for a different visa? If you’re an employer, can you justify that investment for every new hire, or do you scale back and risk losing the very talent your business needs to grow?
President Trump’s decision to set the new H-1B petition fee at $100,000—effective September 21, 2025—has upended the path for immigrants and employers alike. What used to cost a few thousand dollars now requires a six-figure commitment. This change doesn’t just raise financial questions. It sparks concerns about opportunity, timing, and whether skilled workers from abroad will still see the U.S. as a viable destination.
At The Law Offices of James A. Welcome, we believe the right way to respond to uncertainty is with clear answers and strong planning. That starts with asking the right questions: How does this change affect me? What options are still available? And how do I secure my long-term future despite sudden policy shifts?
What Exactly Changed?
As of September 21, 2025, the Trump administration has imposed a $100,000 fee on all new H-1B petitions. This fee is a one-time payment that employers must submit along with the petition.
- Before: Employers paid between $2,000 and $5,000, depending on company size.
- Now: Employers must pay $100,000 for every new H-1B petition filed.
The administration has framed this as a measure to curb “abuse” of the H-1B system, pointing to criticism that some companies have used the program to bring in foreign workers at lower wages. But critics argue that such a massive fee does not target abuse—it simply shuts the door for countless employers and workers.
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Who Pays the Fee?
The law requires employers, not employees, to cover the cost of filing an H-1B petition. However, the economic reality is more complicated. Employers may hesitate to sponsor foreign workers at all if the upfront cost is too high.
Questions we hear from immigrants include:
- If my employer says they cannot afford the fee, do I have any legal options to help?
- Can employers pass this fee to the employee indirectly?
- What happens if I was already in the H-1B lottery but haven’t filed yet?
These are the kinds of issues that require individualized guidance. The stakes are simply too high to assume you know the answer.
How Will Employers Respond?
Companies—especially startups and mid-sized businesses—will face tough choices.
- Tech Firms: Many rely heavily on H-1B talent. A $100,000 fee per new hire could severely limit recruitment.
- Hospitals & Universities: International doctors and researchers may become prohibitively expensive to sponsor, creating shortages in key areas.
- Small Businesses: Most small firms simply cannot afford $100,000 per worker.
Some large corporations may still proceed, but they will likely become even more selective about which candidates they support. That means competition will intensify for the limited opportunities that remain.
What Does This Mean for Current H-1B Workers?
The White House has clarified that the fee applies only to new petitions, not extensions or amendments for existing H-1B holders. That is important, but it does not remove the uncertainty. If you are hoping to transfer employers, or if you are in the pipeline for your first H-1B, the new fee could directly impact you.
Ask yourself:
- If my employer changes their mind, what is my backup plan?
- Should I consider alternative visas like the O-1, TN, or employment-based green card?
- How will this fee affect my long-term path to permanent residence?
Could This Be Challenged in Court?
Yes, it is possible. A sudden twenty-fold increase in fees will almost certainly trigger litigation. Employers, trade associations, and universities may argue that the fee is arbitrary, punitive, and designed to discourage lawful immigration. But litigation takes time, and in the meantime, the policy is in effect. If you are waiting for a lawsuit to solve the problem, you may be waiting too long.
Alternatives to the H-1B Visa
With the door narrowing on H-1Bs, immigrants may need to explore other pathways:
- O-1 Visa: For individuals with extraordinary ability in sciences, arts, or business.
- L-1 Visa: For employees of multinational companies transferring to a U.S. office.
- TN Visa: For Canadian and Mexican professionals under NAFTA/USMCA.
- EB-2/EB-3 Green Card: For employers willing to sponsor permanent residence.
Each of these has its own requirements, costs, and timelines. At our firm, we analyze every client’s situation to find creative legal solutions that fit their background, industry, and goals.
Common Questions and Answers About the $100,000 Fee
Q: Can my employer ask me to reimburse the $100,000 fee?
A: No. Legally, the employer must bear the filing cost. However, some employers may attempt to pass the burden indirectly. Speak with an attorney if you feel pressured—it could violate labor and immigration rules.
Q: Will this affect the annual H-1B lottery?
A: Yes. Fewer employers may enter petitions, reducing overall competition but limiting opportunities. The lottery itself will still exist unless further changed by executive action.
Q: What if I already have an H-1B?
A: If you are already approved, the fee does not apply to your current status. But if you switch employers, the new sponsor may be reluctant due to the high cost.
Q: Is the $100,000 refundable if the petition is denied?
A: No. Employers risk losing the entire amount if the petition is not approved. This will make them more cautious about filing petitions at all.
Q: Does this mean the H-1B program is ending?
A: Not technically. But such a steep fee undermines access for most employers, which may gradually shrink the program in practice.
Why This Matters to Connecticut’s Immigrant Community
Connecticut has a strong immigrant workforce, from tech corridors in Stamford and Hartford to healthcare facilities across the state. Our office regularly represents clients whose skills are essential to local industries. The new $100,000 fee risks slowing economic growth and cutting off opportunities for talented professionals who enrich our communities.
At the same time, Connecticut employers—many of whom already struggle to recruit specialized workers—may find themselves unable to compete. That means projects stall, research slows, and patients wait longer for care.
What You Should Do Now
If you are considering an H-1B petition, do not wait. Every month brings new executive orders, policy changes, and legal challenges. The sooner you develop a plan, the better positioned you will be.
Here are three steps you can take today:
- Schedule a Consultation – Speak with an immigration attorney who can evaluate your specific situation in light of the new fee.
- Talk to Your Employer – Understand whether they are still willing to sponsor you and what alternatives may exist.
- Prepare Backup Options – Explore other visa categories or green card strategies to avoid being left without status.
Final Thoughts From Attorney James A. Welcome
When you hear that a visa application fee is jumping to $100,000, it’s natural to panic. But panic doesn’t solve anything. What solves problems is clear information, a strong strategy, and experienced legal guidance that puts your future first. At The Law Offices of James A. Welcome, we stand with immigrants, offering counsel that is practical, compassionate, and rooted in over two decades of immigration law practice.
Our team serves clients across Connecticut with offices in Waterbury, Danbury, Hartford, Norwalk, Bridgeport, Hartford, and New Haven. Whether you are seeking asylum, pursuing a family-based petition, facing removal proceedings, or exploring permanent residency and naturalization, our attorneys and legal staff are here to support you every step of the way. We provide services in English, Spanish, and Portuguese, ensuring that language is never a barrier when it comes to protecting your rights.
The decisions you make today can shape the rest of your life in the United States. Don’t wait until uncertainty turns into a lost opportunity. Call (203) 753-7300 or visit www.welcomelawfirm.com to schedule a consultation. The Law Offices of James A. Welcome is ready to stand with you, answer your questions, and deliver the guidance you need to move forward with confidence.
