Client Alert: What Employers Need to Know About the $100K H-1B Visa Fee

You may have seen the news about the newly announced $100,000 H-1B visa fee. At this point, we don’t yet know how the fee will be implemented—or even if it will survive the legal challenges that are already being drafted.

Several lawsuits are expected, with challengers arguing that the fee goes beyond executive authority and an improper invasion into Congress’s rulemaking role. Because these cases will take time, we don’t expect a quick resolution.

Because there’s likely litigation and no clear payment schedule on the USCIS page or official guidance yet, our recommendation is to consider a wait-and-see approach. For clients with urgent H-1B needs, we will continue filing petitions without the $100,000 fee. Please keep in mind, however, that USCIS may later require payment. If that happens, employers would need to either pay the fee or consider a federal court challenge.

This is a rapidly developing situation, and we’ll continue monitoring it closely. As soon as there are meaningful updates, we’ll bring them to your attention.

Questions? Please reach out to Fennemore Immigration Attorney Alycia Moss at amoss@fennemorelaw.com for more information about our Immigration Law practice and guidance tailored to your specific situation.

This client alert is for general educational purposes only and does not constitute legal advice. If legal advice is needed, please consult with an attorney.