The U.S. immigration community is closely watching as USCIS begins implementing the controversial $100,000 H-1B petition fee, even while a major lawsuit filed by the U.S. Chamber of Commerce seeks to block the rule before next year’s H-1B lottery.
Background: The Legal Challenge
Late last week, the U.S. Chamber of Commerce, representing over three million U.S. companies and organizations, filed a new federal lawsuit in Washington, D.C. The Chamber argues that the Department of Homeland Security (DHS) exceeded its legal authority in imposing such a steep fee and that the measure could undermine America’s competitiveness by discouraging access to global talent.
The case expands the scope of earlier legal actions and could influence how — and when — USCIS enforces the rule. A preliminary court hearing is expected in the coming weeks.
USCIS Issues Implementation Guidance
Despite the pending litigation, USCIS released official instructions confirming that the $100,000 fee:
- Applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. who do not already hold valid H-1B visas.
- Does not apply to changes of status, amendments, or extensions for individuals already in H-1B status.
- Requires payment through pay.gov before submission, with proof of payment included in the filing. Petitions missing proof will be automatically denied.
- Limits the National Interest Exception (NIE)Â to narrow cases where no qualified U.S. worker exists, the applicant poses no security risk, and payment of the fee would harm U.S. interests.
What Employers Should Do Now
The coexistence of ongoing litigation and active USCIS enforcement has created understandable uncertainty for employers. Based on current developments, NPZ Law Group recommends that companies:
- Continue standard H-1B workforce planning for FY2027.
- Avoid halting sponsorship programs based solely on the new fee until a court decision is issued.
- Monitor legal updates closely to adjust filing strategies as needed.
- Stay ready to comply should USCIS continue collecting the fee temporarily.
Until a court injunction or formal policy reversal occurs, employers should assume the $100,000 fee requirement remains in place.
Our Viewpoint
At NPZ Law Group, we believe that the new fee raises significant legal and policy concerns — including potential conflicts with statutory and constitutional principles. While the courts will determine the rule’s ultimate fate, USCIS appears intent on moving forward in the meantime.
Our team continues to track both the litigation and USCIS’s implementation guidance daily, ensuring that our clients receive the most up-to-date strategies for compliance and workforce planning.
FAQ – The $100,000 H-1B Fee (October 2025)
Q1: Does the new fee apply to all H-1B petitions?
No. It applies only to new H-1B filings for individuals outside the United States who are not already in H-1B status.
Q2: How must the payment be made?
Employers must pay through pay.gov before filing and attach proof of payment to the petition.
Q3: What if the fee is later struck down by the court?
If the rule is invalidated, USCIS will likely issue refund or credit guidance, but until then, filings must comply with current requirements.
Q4: How does this affect global talent strategy?
Employers relying on international recruitment should continue long-term planning and consult immigration counsel for alternate visa options if the fee remains active.
For assistance with H-1B planning or compliance under the new USCIS rules, contact NPZ Law Group at www.visaserve.com or call 201-670-0006.
Our immigration attorneys continue to monitor every update impacting employment-based visa programs and will share further guidance as new developments unfold.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.