What is the 100k rule for H-1B?

The H-1B 100k rule is a significant new fee imposed by a September 2025 Presidential Proclamation requiring employers to pay a $100,000 fee for new H-1B petitions for workers entering the U.S. or changing status from abroad, effective September 21, 2025, with limited exceptions, primarily targeting overseas recruitment rather than existing U.S. workers or status changes within the U.S., aiming to protect American jobs and wages.

What is the new H-1B 100K rule?

The "new H-1B $100k rule" refers to a September 2025 Trump administration proclamation requiring a $100,000 fee for certain new H-1B petitions filed after September 21, 2025, intended to curb abuse, but it mostly impacts those outside the U.S. seeking initial entry, while exempting most common scenarios like extensions, amendments, and change of status for those already in the U.S., especially F-1 students. USCIS clarified that the fee applies to new entries from abroad or cases where an individual leaves the U.S. and needs a new visa, but generally not for those already in valid status applying to stay or switch jobs within the U.S. 

Do I need to pay 100k for an H-1B extension?

Additionally, the $100,000 fee will not apply to filings occurring after Sept. 21, 2025, that request an amendment, change of status, or extension of stay for an individual who has already been granted an H-1B visa (i.e., an H-1B beneficiary) and is eligible to extend his or her status in the United States.

Who is subject to the $100,000 fee USCIS?

The $100,000 USCIS fee applies to new H-1B petitions filed on or after September 21, 2025, for foreign nationals outside the U.S. who lack a valid H-1B visa and are seeking entry, or for those inside the U.S. who are ineligible for an H-1B change of status/extension/amendment and need to obtain one from abroad, with limited exceptions. It generally does not apply to existing H-1B holders seeking extensions, amendments, or change of employer within the U.S., or petitions filed before the September 21, 2025 deadline. 

Who has to pay 100,000 dollars for an H-1B visa?

The $100,000 H-1B fee, implemented in late 2025, primarily targets U.S. employers filing new H-1B petitions for workers outside the U.S. who need to obtain an H-1B visa abroad, rather than those already in the U.S. for change of status or extensions, or for current H-1B holders. Employers filing for new hires from overseas, especially for roles where a U.S. worker isn't readily available, often face this fee as a significant cost to bring talent in, with limited exceptions possible, according to guidance from USCIS. 

Breaking down how the new $100,000 H-1B visa application fee works

Will H-1B 100k be challenged?

Twenty U.S. states have filed suit challenging the September 19 Presidential Proclamation and related federal agency policies that impose a $100,000 fee on U.S. employers for certain H-1B nonimmigrant petitions. The case, State of California, et al. v Kristi Noem, et al., 1:25-cv-13829 (D.

How much does H-1B 100k cost doctors?

The presidential proclamation increased fees for new H1-B visa applications, which allow foreign doctors, advanced practice providers such as nurse practitioners and physician assistants, dentists, and other healthcare workers to work at U.S. healthcare facilities—from an average of $3,500 to a fee of $100,000.

What is the $100000 rule?

Many U.S. employers and H-1B workers panicked when the Trump administration issued a proclamation on September 19, 2025, that appeared to require a $100,000 payment for a noncitizen to enter the United States with an H-1B visa after 12:01 am Eastern Time on September 21.

What is the new H-1B rule 2025?

H-1B rules in 2025 saw major shifts, including a September 2025 Presidential Proclamation requiring a $100,000 fee for most new H-1B petitions filed after September 21, 2025, for those outside the U.S. and needing entry. Simultaneously, new USCIS rules implemented a weighted lottery system prioritizing higher wage levels (OEWS) for better odds and strengthened program integrity, alongside enhanced vetting and social media review.
 

How long can you stay on an H-1B visa?

An H-1B visa is typically valid for an initial period of three years, extendable for up to another three years, for a maximum of six years, but can be extended longer if you are pursuing a green card (with an approved I-140 petition). Validity is determined by your Form I-797 approval notice or I-94 record, with authorization ending on the listed date or your last day of employment, whichever comes first, and time spent in L-1 status also counts towards the 6-year limit. 

What is the salary requirement for H-1B in 2025?

For 2025, the H-1B salary requirement isn't a single number but depends on the job's prevailing wage (higher of actual or DOL's 4-level system) and experience, with recent rules implementing a weighted lottery favoring higher salaries, plus a new $100,000 fee for many petitions filed after September 2025, making high wages even more critical for selection and eligibility. While no fixed minimum exists, significant salary increases are expected due to these reforms aimed at prioritizing higher-skilled, higher-paid workers, says the {Margaret W. Wong & Associates blog. 

What is the 3 for 1 rule for H-1B?

The H-1B "3 for 1 rule" allows individuals without a bachelor's degree to substitute three years of relevant, progressively responsible work experience or specialized training for one year of college education, helping them meet the educational requirements for a specialty occupation H-1B visa. This rule, codified in USCIS regulations (8 C.F.R. §214.2(h)(4)(iii)(D)(5)), requires extensive documentation proving the experience involved theoretical and practical application of specialized knowledge, often with peers holding degrees, and is used to demonstrate the equivalent of the required bachelor's degree or higher, say immigration experts. 

Can I get a green card after 3 years of H-1B?

The H1B visa, however, is a 'dual intent' category, which means you can hold H1B status while also being the beneficiary of an immigrant (green card) case. You do not have to wait until you reach the maximum six-year H1B stay to start the green card process.

How much is the H-1B visa fee in 2025?

H-1B visa fees in 2025 are dominated by a new, significant $100,000 fee for certain new petitions filed after September 21, 2025, for workers outside the U.S. seeking entry, acting as a labor tariff, while standard processing fees (like $460-$500+ for I-129) remain for extensions/changes of status within the U.S. or for petitions filed before the Sept 21 deadline, with exceptions and potential National Interest Exemptions (NIEs) for critical sectors like healthcare.
 

Is Trump changing his H-1B visa?

The Trump Administration has announced a major overhaul of the H-1B visa program that will replace the long-standing lottery used to grant the visas for foreign workers with specialized qualifications with a new weighted system that favors higher-skilled and higher-paid workers.

Is it better to do premium processing for H-1B?

Regular processing has slowed dramatically in the past few years and as a result most cases will need to be premium processed. With premium processing, USCIS guarantees an response (approval, denial or a Request for Evidence) within 15 days of receiving the petition.

Is the H-1B 100k bill passed?

On October 21, 2025, US Citizenship and Immigration Services (“USCIS”) released additional information regarding the $100,000 H-1B fee mandated by Presidential Proclamation dated September 19, 2025. The easiest way to think of this fee is as a tariff on the importation of labor.

Who does the 100k H-1B fee apply to?

The Proclamation still only applies to H-1B beneficiaries (the employees who will hold H-1B status) who are outside the US and do not have a valid H-1B visa at the time the petition is filed after September 21, 2025.

Will H-1B 100k be challenged?

Jan 5 (Reuters) - A U.S. appeals court on Monday agreed to expedite an appeal of a court loss by U.S. business and research groups that are challenging President Donald Trump's $100,000 fee on new H-1B visas for highly skilled foreign workers.

What is the $100000 next day rule?

$100,000 Next-Day Deposit Rule

If you accumulate a tax liability of $100,000 or more on any day during a deposit period, you must deposit the tax by the close of the next business day, whether you're a monthly or semiweekly schedule depositor. The deposit period for monthly schedule depositors is a calendar month.

How much is the H-1B visa fee for 2026?

For H-1B visas in 2026, employers face the standard USCIS filing fees (around $460 base + $500 anti-fraud + ACWIA fees, etc.), a $215 electronic registration fee for the lottery, but a significant new $100,000 fee is required for new H-1B petitions (change of status or new employment from abroad) filed after September 20, 2025, unless exempt (like renewals or certain cap-exempt entities), significantly impacting costs for new hires. Premium processing adds $2,805.
 

How much did Trump charge for the 100k visa?

On September 19, 2025, the Trump Administration imposed an unprecedented $100,000 fee for new H-1B visa petitions, undermining the very purpose of the H-1B visa by making it harder to address severe labor shortages in critical fields such as education and healthcare and ultimately worsening the staffing crisis.

Who gets most H-1B visas?

Companies That Have the Highest Number of Employees on H-1B Visa

• Amazon – As one of the biggest e-commerce companies, Amazon had the highest number of approved H-1B petitions in 2024. ...
• Cognizant – An information technology firm, Cognizant comes second with 2,837 H-1B visas approved in 2024.

Do doctors get a green card faster?

The timeline to get a Green Card as a doctor can vary based on multiple factors, including your country of origin and your visa status. On average, it may take anywhere from 12 months to several years. If you are in a medical field with a shortage of professionals, your application could be processed more quickly.