The U.S. immigration landscape continues to evolve. Following the Presidential Proclamation on September 19 introducing a $100,000 supplemental fee for certain H-1B petitions, the DHS and USCIS have now released further guidance on how the rule will be implemented – including who must pay, how payment must be made, and which rare cases may qualify for exemption.
At Movenet, we continue to track these developments closely to support our corporate clients as they plan global assignments and international relocations. In our September 24 article, we explained the initial framework of the new regulation. Since then, additional details have provided more clarity – and new challenges – for global employers managing talent mobility into the U.S.
The $100,000 H-1B Fee Now in Effect
As of September 21, 2025, all new H-1B petitions must include a $100,000 payment if the beneficiary:
- Is outside the United States and does not hold valid H-1B status, or
- Is the subject of a petition requesting consular processing or port-of-entry notification.
The fee does not apply to:
- Petitions filed before September 21, 2025.
- Extensions or amendments for employees already in valid H-1B status.
- F-1 students changing status to H-1B while in the U.S.
Employers should note that if a change-of-status or extension request is denied because the individual is no longer in valid status, the case may still trigger the $100,000 requirement – a costly outcome that underscores the importance of precise timing and compliance.
Payment Procedure and Documentation
The U.S. Department of Homeland Security (DHS) has clarified that the $100,000 fee must be paid in advance through www.pay.gov, the U.S. government’s online payment system.
Employers must include proof of payment – or official confirmation of an approved exception – with every H-1B petition.
Petitions submitted without payment evidence or an approved exemption will be automatically denied.
For corporate mobility and HR teams, this adds a new layer of administrative coordination between finance, legal, and mobility functions. Ensuring correct payment documentation at the time of filing will be critical to avoiding costly delays or denials.
Exception Requests Are Extremely Limited
While DHS has outlined a process for requesting exceptions, these will be granted only in extraordinarily rare circumstances, such as when:
- The case is deemed in the U.S. national interest,
- No American worker is available for the role, or
- Payment of the fee would significantly undermine U.S. interests.
Employers seeking exceptions must provide detailed justification and supporting evidence directly to the U.S. government. In practice, very few petitions are expected to qualify. For most global companies, budgeting for the fee should be considered the operational norm moving forward.
Legal Challenge and Industry Response
The U.S. Chamber of Commerce has filed a lawsuit challenging the legality of the $100,000 fee, arguing that the measure exceeds presidential authority and creates unnecessary barriers to hiring global talent.
While the case proceeds, the rule remains in effect, and employers are advised to comply with the current requirements to avoid disruption.
Across industries, reactions have been strong – particularly from technology and innovation sectors that rely heavily on skilled international professionals. Many organizations are reviewing how this change affects their hiring strategies, relocation budgets, and workforce planning for 2026.
Broader Policy Shifts on the Horizon
The $100,000 fee aligns with a broader policy trend toward tightening U.S. work visa access. DHS has also proposed shifting the H-1B lottery to favor higher-wage positions, effectively prioritizing “specialty occupation” roles and organizations offering higher salaries.
This shift reinforces a government focus on protecting domestic labor markets and attracting only top-tier foreign talent – a dynamic that global employers must account for when designing workforce and mobility strategies.
What This Means for Global Employers
For companies managing cross-border talent flows, these developments call for careful adjustment in both mobility strategy and compliance processes:
- Plan Ahead: Allow additional lead time for petition preparation, payment, and verification.
- Budget Accurately: Incorporate the new fee into cost forecasts for U.S. assignments and transfers.
- Coordinate Internally: Ensure HR, mobility, and immigration counsel collaborate on timing and documentation.
- Review Visa Mix: Consider alternative visa categories or local transfer solutions when appropriate
Proactive planning and precise documentation will help mitigate risk and maintain the momentum of international assignments.
How Movenet Supports Corporate Mobility Compliance
At Movenet, we partner with global organizations to navigate complex relocation, immigration, and compliance landscapes. Our teams continuously monitor evolving visa regulations to help companies stay compliant while maintaining agile and competitive talent strategies.
From pre-assignment planning to on-the-ground relocation support, we ensure your business and your people move confidently – even as policies change.
If your organization is planning new assignments to the U.S. or reassessing its global mobility strategy in light of the recent H-1B developments, our advisors are here to help you evaluate options and maintain compliance.
For tailored support, feel free to contact us at contact@movenet.com.
