Trump’s 0,000 H-1B visa fee starts today: USCIS guidance on who must pay and who is exempt

Trump’s $100,000 H-1B visa fee starts today: USCIS guidance on who must pay and who is exempt

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Date: October 21, 2025 | Category: World / US Immigration

The United States Citizenship and Immigration Services (USCIS) has officially implemented the new $100,000 H-1B visa fee starting October 20, 2025, as part of former President Donald Trump’s revised immigration and labor protection policy.

The move, announced earlier this year, marks one of the most significant cost increases in the history of the H-1B visa program — a policy aimed at discouraging misuse of foreign worker visas by large corporations while promoting domestic employment.


💰 Who Has to Pay the $100,000 H-1B Fee?

According to the latest USCIS guidance, the fee applies to:

  • Large tech and outsourcing companies that employ more than 50 workers in the U.S. and have 50% or more of their workforce on H-1B or L-1 visas.

  • Employers filing new H-1B petitions or renewals for existing employees who meet the above criteria.

  • Third-party contracting agencies or staffing firms sponsoring foreign professionals for client projects.

The fee is in addition to the existing visa processing and fraud prevention charges, significantly raising the total application cost for affected employers.


🚫 Who Is Exempt from the Fee?

The USCIS clarified that the new policy does not apply to:

  • Startups and small businesses with fewer than 50 employees.

  • Educational institutions, non-profits, and research organizations.

  • Government contractors working under federally approved programs.

These organizations will continue to pay the standard H-1B filing fees, which range between $1,710 and $6,500 depending on the petition type.


💬 Reactions from the Industry

The announcement has triggered strong reactions across the tech and business community.
Industry experts argue that the massive fee hike could discourage global talent mobility and hurt innovation, particularly in technology and healthcare sectors that rely on skilled foreign professionals.

Meanwhile, supporters of the policy claim it will reduce visa fraud, promote American hiring, and rebalance wage disparities in the labor market.


📊 What Happens Next

The USCIS has stated that the new H-1B fee structure will be reviewed annually. Employers are advised to consult immigration attorneys or use the official USCIS H-1B Fee Calculator before filing petitions.

Further details, FAQs, and official updates are available on the USCIS website.

Infographic: Who Pays vs Who Is Exempt from Trump’s $100,000 H-1B Visa Fee

💼 Who Must Pay

Category Description Example Companies
Large Tech Firms Companies with 50+ employees where over 50% are on H-1B or L-1 visas Infosys, TCS, Cognizant
IT & Staffing Agencies Third-party contractors filing for client projects HCL Tech, Wipro
Multinational Corporations Firms renewing multiple H-1B petitions for foreign staff IBM, Accenture

🧾 Who Is Exempt

Category Description Example Organizations
Startups & Small Businesses Fewer than 50 employees Early-stage tech startups
Educational Institutions Universities, colleges, and schools MIT, Stanford, IIT alumni programs
Non-Profits & Research Centers Entities conducting research or community work NASA research affiliates, NGOs
Government Contractors Firms under U.S. government contracts Defense tech suppliers

FAQs

Q1. When does the new H-1B visa fee take effect?
The new $100,000 H-1B fee comes into effect from October 20, 2025.

Q2. Who is required to pay the $100,000 fee?
Large corporations with 50+ employees and a majority of H-1B or L-1 workers are required to pay the fee.

Q3. Are startups or educational institutions affected?
No. Small businesses, universities, and non-profits are exempt from the new fee.

Q4. Why was this fee introduced?
The policy aims to prevent misuse of the H-1B program and promote domestic hiring within the U.S.

Q5. How can employers calculate their total H-1B filing cost?
Employers can use the USCIS H-1B Fee Calculator on the official USCIS portal for accurate estimates.

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