The new H-1B visa fee: what changes, who it affects, and when

The United States has introduced a single rate of $100.000 for new H-1B visa applications, the temporary work permit for skilled professionals. The measure, which is part of a broader package of immigration changes, seeks to limit what the White House considers misuse of the program and Strengthen incentives to hire national talent.

According to spokeswoman Karoline Leavitt, the payment obligation is will apply only to future H-1Bs which are allocated by the usual lottery system, while Those who already have this visa or intend to renew it are excluded from the new rate.Authorities also emphasized that this is not an annual fee and that current holders can leave and re-enter the country as before.

What changes with the new H-1B rate

El new payment of $100.000 per petition represents a notable leap forward compared to the pre-administrative costs (around $1.500)The obligation falls on the employer and, according to the official clarification, It will be paid only once within the framework of the process, not year after year. The Department of Homeland Security and the Department of State will verify payments during processing.

The H-1B visa is limited by law to 85.000 places per year (65.000 general plus 20.000 additional for US master's graduates) and, When demand exceeds the quota, a lottery is usedThe government has indicated that the new rules will take effect for the program's next drawing, maintaining the electronic registration system.

The H-1B holders and those renewing are not subject to the fee.Furthermore, current visa holders' international travel is not subject to the new payment, so they can enter and leave the country in accordance with normal visa requirements.

In parallel, the Administration has entrusted the Department of Labor revisar los current salary levels del programa, with the intention of discouraging H-1Bs from being used to lower wages compared to those received by local workers.

• Qué incluye: new applications subject to lottery, Payment verification by the State and National Security, and additional documentary checks for employers.
• What's left out: current holders and renewals of H-1B, as well as the travel capacity of those who already have it.

Impact on companies, sectors and states

The blow will be asymmetrical: large technology companies with large treasury could absorb the rate, but for SMEs and startups the figure is potentially unaffordableImmigration experts warn of a slowdown in the competitiveness of startups and research organizations that rely on highly specialized profiles.

Official figures show that companies such as Amazon, Tata, Microsoft, Meta, Apple and Google are among the largest H-1B employers. By country of origin, India accounted for the 71% approval rate most recent, followed by China with around 12%, according to data cited in official sources and Reuters.

On the geographical level, states such as California, Texas y Nueva York They accumulate a large part of the approvals due to the weight of technology, finance, biomedicine and consultingThe introduction of the tax reconfigures the costs of international deposits and can promote alternatives such as outsourcing or automation of tasks in certain segments.

Following the announcement, some multinationals recommended caution in the movement of H-1B workers, with internal communications in the sector suggesting avoid non-essential travel until all the operational details are knownThese types of corporate guidelines have been more preventive than mandatory and will be adjusted based on agency guidelines.

En cuanto a la demanda, Recent USCIS data points to approximately 359.000 applications for the next fiscal year., the lowest rate in four years, a context in which the new rate adds another layer of decision-making for employers considering submitting applications for the lottery.

Calendar, operational doubts and regulatory front

The proclamation came into force at the end of September and the Practical application will be noticeable in the next H-1B draw cycle, previsto para comienzos de 2026The agencies have indicated that they will issue procedural guides for channeling payments and verifications within the standard workflow (registration, LCA, and I-129 petition).

The text contemplates that the measure has a initial validity of 12 months, with review by the relevant departments to decide on its continuation. During this period, The Executive has also ordered to prioritize better paid and highly qualified profiles in the selection process..

Some technical issues remain open, including whether the rate will be applied in the same way to organizations exempt from quotas (non-profit universities and research centers) or if there will be specific exceptionsAdjustments are anticipated via administrative guidelines as the new controls are implemented.

The political and legal discussion will not cease: sector associations and experts They anticipate challenges that question the method used to set the fee and the appropriateness of the measure. with the parameters defined by Congress for the H-1B.

With the focus on the 2026 lottery, Companies will have to decide whether to accept the new economic barrier to attracting scarce profiles or whether to redesign their talent strategy.The impact will be especially felt in technology hubs and smaller entities, as regulators fine-tune the details and the labor market digests the change.