Understanding the New $100,000 H-1B Visa Fee

What Houston Applicants Should Know About the Upcoming H-1B Visa Lottery

The Trump administration recently announced a significant update to the H-1B visa program: a $100,000 fee for new applicants entering the United States under the H-1B visa lottery starting in February 2026. This new requirement has created questions and concern among foreign professionals, employers, and families who rely on the H-1B program to work and live in the United States.

Understanding what this fee entails, who it impacts, and how it fits into the broader H-1B process is essential for navigating the changing U.S. immigration landscape. For foreign nationals and U.S. employers, working with an experienced immigration attorney can ensure compliance and minimize unexpected complications.

Key Details of the H-1B Visa Program

The H-1B visa remains one of the most competitive work visas in the United States.

Some key aspects include:

• Annual caps. There is a maximum of 65,000 visas issued per year, plus 20,000 additional visas for applicants with a U.S. master’s degree or higher.
• Eligibility requirements. Applicants must have at least a bachelor’s degree in their field and a job offer from a U.S. employer in a specialty occupation.
• A lottery system. Visas are awarded through a random selection process due to high demand.
• Wage requirements. Employers must pay the prevailing wage or the actual wage of similarly qualified U.S. workers, whichever is higher.

Given these rules, it is clear why careful preparation and strategic guidance are critical to improving an applicant’s chances of success.

Who Is Affected by the New Fee

According to a White House announcement, the $100,000 fee only applies to new H-1B visa applicants outside the United States who are selected in the February 2026 lottery.

It does not apply to:

• Current H-1B visa holders traveling in and out of the U.S.
• Individuals who applied for or received a visa through the 2025 lottery.
• Visa renewals or extensions for existing H-1B workers.

This means that many current H-1B visa holders—including those employed by major tech companies, startups, or other U.S. businesses—will not face additional charges.

Types of Visas Not Impacted by the Fee

It is important for applicants to understand that the $100,000 fee is specific to new H-1B applicants entering the U.S. for the first time. It is also a one-time requirement for new applicants and is not an annual cost.

Other visa types are unaffected, including:

• H-1B renewals or extensions.
• Employment-based visas for investors (EB-5).
• L-1 intra-company transfers.
• P-1 visas for athletes and entertainers.
• R-1 visas for religious workers.
• TN visas for Canadian & Mexican professionals under NAFTA.

These distinctions are crucial for ensuring individuals already in the U.S. or holding other employment-based visas are not caught off guard or unnecessarily concerned.

Purpose of the Fee

Officials say the $100,000 fee aims to ensure that only highly skilled professionals enter the U.S. workforce through the H-1B program.

The administration has framed it as a measure to:

• Discourage companies from submitting multiple applications for low-level positions that could otherwise be filled by U.S. workers.
• Protect American wages in industries that rely heavily on H-1B workers.
• Maintain a pathway for truly extraordinary talent to enter the country for specialized roles.

While the stated goal of the fee is to regulate demand for H-1B visas, the change introduces new legal and financial considerations for both employers and applicants.

How the Fee Impacts Employers

The new $100,000 fee is typically paid by employers sponsoring an H-1B applicant. Large tech companies, which have historically relied on the program to fill thousands of specialized roles, will likely feel the most significant impact. Some companies, including Amazon, Microsoft, Google, and IBM, frequently sponsor H-1B visas for roles ranging from software developers to research positions.

While the fee does not apply to renewals or current employees, companies planning to hire new foreign talent in 2026 must consider the additional cost when budgeting and submitting visa petitions. Businesses sponsoring foreign professionals will also need to carefully evaluate compliance requirements and contract structures in light of the added costs and changes.

Planning Ahead in Light of Fee Changes

Given the high cost and limited availability of H-1B visas, careful planning is critical. Applicants and prospective employers should understand how the fee interacts with existing eligibility rules, prevailing wage obligations, and the overall petition process to ensure filings remain properly prepared and aligned with U.S. immigration law.

We recommend:

• Starting early. Ensure all documentation, including labor condition applications and petition forms, is prepared in a timely manner.
• Budgeting for the fee. Employers should anticipate the one-time $100,000 fee for new applicants in the February 2026 lottery.
• Evaluating alternative visa options. Consider whether other employment-based work visas might better suit your business needs or personal situation.
• Working with experienced counsel. Navigating complex immigration regulations may be easier and less stressful with an attorney familiar with H-1B and employment-based visas.

Taking proactive steps can help minimize risk, avoid costly mistakes, and increase the likelihood of a smooth application process.

Could the $100,000 H-1B Fee Face Legal Challenges?

Because of its unprecedented cost, the new $100,000 H-1B fee will almost certainly face legal scrutiny. One argument that is already surfacing is that the executive branch may have overstepped its authority: Congress has historically set and delegated the framework for H-1B fees, and critics argue this change conflicts with congressional intent.

If lawsuits are filed, courts could consider whether to temporarily block or permanently strike down the fee. For both applicants and employers, this creates additional uncertainty as the February 2026 lottery approaches. At The Modi Law Firm, PLLC, we will be carefully monitoring any developments in this area, keeping clients informed about whether legal challenges could delay or even eliminate the new fee requirement.

How Our H-1B Immigration Attorneys Can Help

At The Modi Law Firm, PLLC, our H-1B immigration attorneys provide informed legal guidance on navigating the recent H-1B updates. Whether you are a first-time H-1B applicant, a multinational company transferring employees, or a professional pursuing long-term U.S. opportunities, we can provide detailed legal guidance to help you with the challenging process.

Our H-1B legal counsel includes:

• Determining eligibility. We can review an applicants current standing to see if they already meet requirements for H-1B status, including specialized occupation criteriaand educational qualifications.
• Establishing employer compliance. We can advise employers on navigating the new $100,000 fee, securing a certified Labor Condition Application (LCA) through the iCERT portal, and handling program costs.
• Preparing petition strategies. We can guide applicants through the H-1B lottery process and assist in preparing the full petition package, including Form I-129 and supporting evidence, ensuring all documentation meets USCIS requirements and procedural standards.
• Providing guidance on related visas. We can explore alternatives such as the L-1 visa, O-1 Visa, TN Visa, or Investor Visas when H-1B eligibility is limited or costs are prohibitive.
• Handling renewals and transitions. We can assist current H-1B holders with extensions, changes in employment, or green card processing.
• Offering advisory support on wages & processing. We can review and document prevailing wage requirements and evaluate whether premium processing is beneficial for time-sensitive cases.
• Managing deadlines. Given the strict annual caps and limited filing windows, we can carefully structure and prepare applications to be as accurate and comprehensive as possible and submitted without delay.

Stressed About the H-1B Visa Announcement? We Provide Counsel.

For foreign nationals and U.S. employers navigating the updated H-1B process in Houston, The Modi Law Firm, PLLC is here to help you understand how the new fee informs your long-term immigration goals, including transitioning from H-1B to permanent residency.

Backed by experience teaching law at the University of Houston and a background at Harvard Law School, our lead attorney Susham M. Modi combines academic excellence with hands-on immigration practice. This blend of skills and knowledge allows our law firm to approach each case with precision, clarity, and a thorough command of legal requirements.

Contact our office online or call (832) 514-4030 today for legal advice tailored to your immigration goals.