What Dallas Visa Applicants and Employers Need to Know
The Trump administration recently announced a major update to the H-1B visa program: a $100,000 fee for new applicants entering the United States under the H-1B lottery, effective September 21, 2025. This fee applies to petitions filed from outside the U.S. and is designed to address alleged program abuses, where some employers reportedly use H-1B workers to replace U.S. employees at lower wages.
While this announcement raises questions for foreign professionals and U.S. employers alike, understanding the details, exceptions, and potential implications is essential for navigating the changing immigration landscape.
Key Provisions of the H-1B Visa Program Proclamation
The executive order introduces several important requirements.
$100,000 Fee for New H-1B Petitions
New H-1B petitions filed from outside the U.S. must include this fee. Failure to comply may result in visa denial or refusal of entry.
Entry Restrictions
The Department of Homeland Security and State Department are directed to deny entry or visa issuance to applicants who do not pay the fee, unless a waiver applies.
Temporary Duration
The restriction is set to expire 12 months after its effective date unless extended.
Waivers and Exceptions
DHS has discretion to waive the fee for individuals, employers, or entire industries if doing so serves the national interest without threatening U.S. security or welfare.
Prevailing Wage & Priority Guidance
The Department of Labor will initiate rulemaking to increase prevailing wages for H-1B positions. DHS is instructed to prioritize highly skilled, high-paid specialty occupation workers.
Who Is Affected by the New H-1B Fee
The fee primarily impacts:
- New Petitioners from Abroad. Applicants outside the U.S. filing for an H-1B visa after the effective date.
- Current H-1B Holders. Existing visa holders seeking extensions or renewals are not subject to the new fee.
- National Interest Exceptions. Individuals or employers meeting certain national interest criteria may qualify for a waiver.
Applicants should note that the fee does not apply to renewals, extensions, or other visa categories.
H-1B Fee Implications for Employers
Employers who sponsor H-1B employees from abroad may face significant financial considerations, including:
- Increased Costs. Large companies and startups alike may need to account for the $100,000 fee when planning new hires.
- Reduced Overseas Applications. Some employers may prioritize domestic change-of-status petitions to avoid the fee.
- Compliance Considerations. Employers must ensure all petitions meet fee requirements and consider available waivers.
- Strategic Planning. Workforce planning, wage compliance, and H-1B-dependent roles may need adjustments.
Legal Questions and Potential Challenges Surrounding the H-1B Fee
Several questions remain unresolved, including:
Does the Executive Branch Have Authority to Impose the Fee?
Critics may argue that Congress controls H-1B fee authority, and the executive branch may have exceeded its power.
What Is its Impact on Industries?
Sectors that rely heavily on H-1B talent, including tech and healthcare, may be particularly affected.
Is there a Waiver Process?
Details on how waivers will be applied are still limited, creating uncertainty.
What Are the Chances for Potential Litigation?
Lawsuits challenging the fee are anticipated. Courts could place temporary holds or clarify the scope of executive authority, affecting how and when the fee is implemented.
Steps for Applicants and Employers
Navigating H-1B petitions under this new fee requires careful preparation. We recommend:
- Starting Early. Complete all documentation, including labor condition applications (LCAs) and Form I-129 petitions.
- Budgeting Accordingly. Employers should plan for the $100,000 fee in advance.
- Evaluating Alternatives. Consider other visa categories such as L-1, O-1, TN, investor visas, or employment-based visas if the fee or eligibility poses challenges.
- Monitoring Legal Updates. Stay informed about potential litigation, guidance, or policy changes.
- Seeking Legal Counsel. Working with experienced immigration lawyers can help ensure petitions are accurate, complete, and timely.
Dallas-Based H-1B Attorney
The $100,000 H-1B visa fee marks a major shift in employment-based immigration from abroad. Its ultimate impact will depend on implementation, legal challenges, and employer adaptation. Applicants and employers should plan carefully, consider waiver opportunities, and stay informed about potential litigation.
At Mathur Law Offices, P.C., our Dallas-based immigration lawyers are ready to provide guidance on navigating this complex H-1B update. With over 25 years of experience and a combined 100+ years of immigration practice, our attorneys understand both the federal landscape and local employer needs.
We assist applicants and employers by:
- Navigating eligibility. We review your current Visa status, education, and job requirements to assess H-1B eligibility.
- Aiding employer compliance. We advise employers on fee obligations, Labor Condition Applications, and program requirements.
- Preparing petitions. We help applicants compile complete, accurate H-1B petitions, including supporting evidence.
- Considering alternatives. We offer guidance on visas where applicable.
- Communicating effectively. We offer services in Spanish, English, Hindi, Vietnamese, and Urdu, providing culturally sensitive guidance tailored to each client’s native language to avoid miscommunication and misunderstandings.
- Handling renewals & transitions. We support existing H-1B holders by reviewing and helping them file for extensions, job changes, and green card processes.
- Monitoring deadlines. We review filings to ensure they meet strict caps and procedural deadlines.
Our founding attorney, Sanjay Mathur, is board-certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. By combining deep legal knowledge with a culturally sensitive approach, we help clients understand their rights, obligations, and options through every step of the H-1B process.
For legal assistance on H-1B visas, fee compliance, and other immigration matters in Dallas, Fort Worth, and Denton, contact our law firm online or call (888) 867-5191 to schedule a consultation.