Commerce Secretary Howard Lutnick said that the H-1B visa, the primary immigration route for the US technology sector, will require an annual fee of $100,000 per application
Engage with immigration officials: Consider talking with immigration officials to address the fee increase or looking into alternative methods to mitigate the impact on your organisation.
Request clarification on the rationale for the fee increase, and look into possible exclusions or reductions.
Evaluate Recruitment Strategies: Review your recruitment strategy and consider prioritising local talent or migrating to remote work to reduce reliance on foreign workforce. Investigate alternate visa or sponsorship options that may be less expensive.
Evaluate Legal Options: Seek legal advice to understand the implications of the fee increase and look into any legal avenues to oppose or appeal the verdict. Ensure compliance with all applicable laws and regulations.
Engage with Employees: Communicate openly with impacted employees about the price increase and its potential ramifications for their employment status.
Provide assistance and guidance in addressing the issue, including possible visa choices and resources for help.
Disorder and disarray spread from Silicon Valley to other companies that relied on competent foreign workers. Many visa holders overseas rushed to book flights back to the United States to dodge the coming deadline, while businesses sought clarification.
the administration surprisingly clarified that the amount would be levied as a one-time fee and would not apply to renewals. However, queries persisted.
Visa Fees Raised to $100,000 – Strategies for Employer Response
we held a webinar to clarify the ambiguity. Lucy Magardichian, an experienced US immigration attorney, cooperated with our co-founder, Asma Bashir, to address critical client enquiries following the declaration.
If you were unable to attend, you may see the entire session here.
However, if you only want the basics, here’s a recap of our conversation.
Current knowledge about revisions to the H-1B visa
Lucy and Asma began the talk by clarifying some unanswered questions about the fee increase mechanics.
Who is affected by the revised H-1B visa fee?
In contrast to the earlier proclamation, the additional cost will only affect new H1-B applications submitted after September 21, 2025. This will not apply to renewals.
Nevertheless, it is unclear if this will apply to transfers or changes in status.
Is the new cost a single charge?
The question of whether the cost will be charged per application or as a single charge that allows corporations to file several H1-B applications remains unclear.
Project Firewall and Novel Immigration Enforcement Strategies
In conjunction with the visa fee announcement, the administration announced the launch of Project Firewall, which aims to address alleged ‘abuse’ of the H-1B program.
What are the most recent enforcement measures for Project Firewall?
The US Department of Labour will add an additional layer of supervision to the current USCIS system, strengthening enquiries into firms’ compliance with domestic employment standards.
Employers who violate the H-1B laws may face:
Payment of arrears to affected employees.
The government levied monetary sanctions.
The use of H-1B and other immigration categories is prohibited for a set period of time.
What are the current focal points for Project Firewall?
Visa Fees Increased to $100,000: Employer Response Strategies
If visa prices have significantly increased to $100,000, organisations may need to consider the following reaction strategies:
Examine the implications of the increased visa fees for your organisation, particularly in terms of financial impact and employment strategy.
Understand the ramifications for your ability to attract and retain skilled international talent.
Compensation: Are wages given in accordance with the Labour Condition Application or offer letter?
Job Sites: Do employees work entirely in LCA-listed establishments, including client locations?
Reduction in workforce: Have there been any recent layoffs of U.S. personnel before the employment of H-1B visa holders?
Equivalence: Do H-1B workers receive benefits comparable to similarly situated U.S. workers?
Are payroll records, W-2 forms, timesheets, and other papers properly maintained and consistent?
Public Access Files (PAF): Is the PAF completed and available?