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A shift is coming to U.S. immigration policy—and it's arriving fast. As reported on our blog, beginning Sept. 21, 2025, a new Presidential Proclamation will impose a $100,000 fee on new H-1B petitions. While this fee does not apply to extensions, its impact on corporate hiring and immigration strategy may be profound.
Implications of the Timing
By the third quarter of 2025, some companies have already locked in their 2026 budgets—including headcount, payroll, and legal expenses. The introduction of a six-figure fee per new H-1B petition was not on anyone's radar, and now organizations must pivot quickly.
Potential Consequences
- Freezing or postponing hires that require new H-1Bs;
- Shifting headcount toward domestic or alternative visa categories (L-1, E-2, O-1, TN);
- Making cost-versus-value decisions for each foreign hire; and
- Establishing corporate hubs in globally connected, mobility-friendly jurisdictions.
Six Immediate Considerations for Employers
To stay ahead of this policy change, employers may wish to consider following proactive measures:
- Tag Likely Impacted Roles Early – Identify which 2026 hires may require a new H-1B and distinguish them from extensions.
- Rework Your Immigration Budget – Collaborate with finance teams to allocate funds for the potential six-figure fee per accepted case.
- Focus on High-Value Positions – Prioritize filings for roles that offer the greatest strategic or financial return.
- Weigh Alternative Visa Pathways – Explore whether candidates qualify under L-1, E-2, O-1, or TN visas—all of which remain unaffected by the new fee. J-1 and H-3 training visas might also be considered.
- Rethink Remote and Global Models – Consider remote roles or overseas offices in economic hubs, while enhancing compliance with local tax, labor, and immigration laws.
- Get Documentation Ready – For new H-1B petitions, maintain a clean audit trail: proof of payment, petition attachments, and consular/CBP-ready documentation.
Strategic Considerations for Long-Term Resilience
Even if this fee is modified or challenged, it signals a broader trend: immigration risk and expense are now permanent business considerations. To build flexibility and control, employers might consider:
- Embedding immigration into business planning – Make visa cost and risk part of annual talent, operations, and growth strategies.
- Investing in analytics and scenario modeling – Use tools that simulate cost exposure across visa types, hiring volumes, and timing.
- Develop partnerships and infrastructure for mobility – Strengthen alliances with outside counsel, global mobility providers, and employer-of-record (EOR) platforms.
Takeaways
This $100,000 H-1B fee is more than a policy change—it's a strategic inflection point. For companies that have already finalized 2026 budgets, rapid alignment among HR, finance, legal, and operations will be essential. Immigration must be highly selective, tightly managed, and deeply integrated into corporate planning.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
