January 15, 2026

New US$100,000 fee on certain new H-1B petitions

A proposed six-figure fee tied to certain H-1B petitions has drawn intense attention from employers and skilled workers, raising questions about cost, timing

The H-1B visa, long the main route for skilled professionals to work in the United States in specialty occupations, is once again at the centre of debate after attention turned to a proposed six-figure fee linked to certain H-1B petitions. For a programme that already involves a lottery, multiple government fees and significant legal costs, the prospect of a far larger charge has prompted employers, universities and prospective applicants to look closely at what such a change could mean for hiring foreign talent. To understand the significance, it helps to recall how the H-1B works. The visa allows US employers to hire foreign workers in roles that typically require specialised knowledge and at least a bachelor's degree or its equivalent. Because demand for the visa usually far exceeds the annual cap, there is a registration and selection process, often described as a lottery, that determines who can move forward with a full petition. Employers already pay several fees and usually shoulder legal expenses, so the cost of sponsoring a worker is substantial even under current rules. A fee at the scale being discussed would represent a dramatic increase over existing charges. For large technology companies that sponsor many workers, such a cost could be absorbed but would still influence decisions about how many roles to fill through the H-1B versus other routes or other countries. For smaller businesses, startups, universities and research institutions, a very high per-petition fee could be prohibitive, potentially pricing them out of sponsoring international talent altogether. That gap is one reason the proposal has generated strong reactions across different parts of the economy. There is also considerable uncertainty about the details, which matters enormously. Key questions include whether such a fee would apply to all petitions or only certain categories, whether it would affect new petitions only or also extensions and transfers, when any change would take effect, and how it would interact with existing fees and the registration process. Until official guidance is finalised and published, much of the discussion is necessarily provisional, and applicants are cautioned against making irreversible decisions based on early reports alone. For prospective applicants, the practical takeaway is to stay informed through official channels rather than relying on speculation. Those currently in the H-1B process, or hoping to enter it, should keep in close contact with their sponsoring employer and qualified immigration counsel, since employers are usually the ones who file petitions and pay the associated fees. Workers may also want to understand alternative visa categories that could apply to their situation, so they are not dependent on a single route. Employers, meanwhile, are likely to review their workforce planning. If sponsorship costs rise sharply, some may prioritise the most critical roles, consider candidates already authorised to work, or explore other visa classifications and global mobility options, including relocating certain roles to other countries. Workforce budgeting, timing of filings and internal policies on who qualifies for sponsorship could all be revisited in response to a major fee change. It is worth emphasising that immigration policy in this area can change, be challenged, or be implemented differently than initially proposed. Measures of this kind can be subject to legal review, public comment and revision, and timelines can shift. For that reason, the most reliable course is to monitor official announcements from US Citizenship and Immigration Services and to treat headline figures as a starting point for understanding rather than a settled rule. In summary, the proposed six-figure fee has sharpened a broader conversation about the cost and accessibility of the H-1B programme. Whether or not it takes effect in the form discussed, it underscores how sensitive skilled-migration plans are to policy and cost changes. Applicants and employers who understand the structure of the programme, follow official updates closely, prepare for several scenarios, and seek qualified advice will be best positioned to respond calmly and effectively to whatever final rules emerge. Workers already on an H-1B should also keep their own records in order, including copies of approval notices, pay records and details of their current status, so that any change in their employer's plans can be navigated quickly. Maintaining a clear picture of one's own status and timelines reduces stress and supports faster decisions if circumstances shift. Those considering a longer-term future in the United States may also wish to understand how the H-1B can fit within a broader plan, including the steps some workers eventually take toward permanent residence, while recognising that such paths have their own separate requirements. Finally, it is helpful to view a single proposed fee in the context of the wider, often-changing landscape of US immigration. Costs, caps and procedures evolve, and individual measures can be introduced, modified, delayed or withdrawn. Rather than reacting to each headline, applicants and employers are generally better served by understanding the fundamentals of the programme, maintaining flexibility, and building relationships with qualified advisers who can interpret official guidance as it is published. That steady approach tends to produce better outcomes than decisions made hastily on the basis of incomplete information.

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