On September 19, 2025, the President announced recent updates to the H-1B visa process, imposing a one-time $100,000 fee on petitions filed on or after September 21, 2025. This new measure is expected to remain in effect through September 21, 2026, unless further extended. This change will significantly increase the costs to employers who sponsor new H-1B employees from abroad, so here is what employers need to know moving forward.
The new order currently only impacts new H-1B petitions for employees outside the United States. Presently, any pending petitions filed before September 21, 2025, are exempt. Additionally, any extensions with the same employer for a pending petition are not subject to the new fee.
The order also directs federal agencies to increase prevailing wages, which will likely increase costs and compliance burdens for employers. The order also allows for exceptions if the Department of Homeland Security finds that hiring certain types of H-1B workers or hiring H-1B workers in certain industries is in the national interest. Unfortunately, the criteria and process for exceptions is not yet well defined.
Employers currently seeking to fill positions with international candidates should communicate new policy changes promptly to managers and recruiters. Employers may also want to consider alternative visa options such as L-1 Visa, O-1 Visa, TN Visa, or STEM OPT.
Lastly, U.S. Citizenship and Immigration Services is still not yet clear whether certain filings (transfers, amendments, change of employer) will count as “new” and therefore trigger the increased fee. Employers should be vigilant to monitor any updates from the DHS or USCIS for clarification on transfers, amendments, or exceptions.
Employers should expect these changes to impact their hiring process in a few ways:
- Financial Impact – Employers should budget $100,000 in addition to standard H-1B filing costs when hiring abroad. Also, increase monitoring for legal risk and compliance since the rules are changing rapidly.
- Recruiting Impact – Employers should expect possible hesitation from candidates if their visa path is uncertain or delayed.
- Mobility Impact – Employers should be mindful of any current H-1B employees abroad may face
re-entry complications if amendments or new filings are required. - Compliance – While the current wage obligations and Labor Condition Application requirements remain in place, employers should anticipate stricter enforcement to come.
Hunt Ortmann will continue to monitor developments and provide updates as new guidance is released. Please route any questions or candidate-specific scenarios to JoLynn Scharrer.
JoLynn Scharrer is a Shareholder at Hunt Ortmann and leads the Firm’s Labor & Employment and Insurance Practice. She can be reached at scharrer@huntortmann.com for further information and assistance.
