Some Future H-1B Petitions Might Require Additional Government Fee
This new summary is written as of Sunday, September 21, 2025.
A new executive order impacts H-1B petitions for workers who 1) are the beneficiaries of H-1B petitions filed starting September 21, 2025 and 2) are outside the United States starting September 21, 2025. The executive order would require an extraordinary, additional $100,000 government fee from the employer. There is a very limited exception.
Importantly, the executive order applies prospectively. It does not impact persons who are already the beneficiaries of H-1B petitions filed before September 21, 2025 and are in the United States when filing a petition. Thus, current H-1B employees are not subject to this additional fee to reenter the United States. Likewise, employers are not subject to this additional fee for this group of people when petitioning for H-1B extensions, change of employer, or amendments.
The new executive order expires in one year, unless extended. As with other questionable executive orders, there will very likely be a lawsuit to determine whether this executive order should be temporarily halted, or if it is unlawful and void.
The executive order initially issued on Friday night September 19, 2025 was broader and purported to impact current H-1B employees. The same night we contacted employees we represent for international travel that were immediately impacted. As always, we recommend clients engage our firm far in advance of international travel. More recent government policies narrowed the impacted employees. The news summary above supersedes our prior information. Undoubtably, many questions about implementation remain and this issue will continue to evolve. We will alert clients that are impacted.
The executive order also included a preview of upcoming proposals. The administration proposed some of these types of changes in the last administration and they were halted by lawsuits.
Prevailing wage level changes
Prioritizing H-1B status for high skilled and high paid workers.
Beneficiaries of H-1B petitions with the start date of October 1, 2026 might have restrictions on entering in B or ESTA before starting in H-1B status.
We stand resolute in continuing to help our clients.