The New Visa Fee Could Reshape High-Skilled Immigration
by Christopher J. McNally, Esq
The recent executive order imposing a $100,000 fee on new H-1B visa petitions, which took effect on September 22, 2025, will undoubtedly reshape how American companies approach foreign talent acquisition and may force a complete recalibration of immigration strategies across multiple industries.
While the increased fee does not impact existing H1-B visa holders and extends coverage to three years, the rollout of this policy created immediate chaos, as evidenced by major technology companies frantically advising their H-1B employees to return to the United States before the deadline. Many employers issued urgent communications to their workforce, highlighting the widespread uncertainty about the policy’s scope. While the White House later clarified that the fee applies only to new petitions and not to renewals or existing visa holders, the initial confusion highlights the new policy’s potential to disrupt the implementation of immigration policy.
Fees Were Already Higher
Even before the introduction of the $100,000 one-time fee for new petitions, fees and costs for H-1B visa applications had increased, and/or new fees were introduced:
The H-1B registration fee had increased from $10 to $215 per beneficiary
The Form I-129 H-1B filing fee had risen to an average of $1,055
A new Asylum Program Fee of $600 ($300 for small employers) had been added
The optional Premium Processing Fee to speed review had increased from $2,500 to $2,805
The latest fee represents a 46,000% increase from the current lottery registration fee, transforming what was once an administrative cost into a substantial business expense. The fee structure appears designed not merely to generate revenue (the administration projects it will raise billions), but to fundamentally alter the economics of hiring foreign workers.
Industry-Specific Impact Analysis
Technology Sector
The technology industry will bear the heaviest burden of this policy change. Companies like Amazon, which had over 10,000 H-1B visas approved in the first half of 2025, face potential annual costs exceeding $1 billion if they maintain their current hiring patterns. For smaller technology firms and startups, where H-1B workers often comprise a significant percentage of their technical workforce, the fee could prove prohibitive. I anticipate that many tech companies will accelerate their offshore development strategies, establishing or expanding engineering centers in countries such as India, Canada, and Eastern European nations, where they can access similar talent without visa restrictions.
Healthcare
The healthcare sector, particularly hospitals and medical research institutions, relies heavily on H-1B visas for specialized physicians, researchers, and medical technicians. The financial impact will be especially acute for academic medical centers and rural hospitals that already operate on thin margins. Many of these institutions may find it financially impossible to sponsor foreign medical graduates, exacerbating physician shortages in underserved areas.
Financial Services
Major investment banks and financial institutions have historically used H-1B visas for quantitative analysts, risk managers, and specialized financial professionals. While these firms may have deeper pockets than healthcare institutions, the fee will force them to be far more selective in their hiring practices, potentially accelerating the trend toward expanding their operations in financial centers such as London, Singapore, and Toronto.
Consulting and Professional Services
IT consulting firms, particularly those with significant Indian and Chinese operations, face an existential challenge. Many companies have built business models around bringing specialized consultants to work on client projects in the United States. The new fee structure may force these companies to restructure their entire approach, potentially shifting toward more remote work arrangements or significantly increasing client costs.
Legal Compliance and Strategic Alternatives
For business owners and recruiters determined to continue accessing global talent, several strategic approaches merit consideration, though each carries its own legal and practical complexities.
Premium Talent Strategy
Companies may shift toward a “premium talent only” approach, where the $100,000 fee is justified by hiring only the most exceptional candidates, such as those with advanced degrees from top-tier institutions, proven track records of innovation, or highly specialized skills. This strategy requires developing more sophisticated talent assessment capabilities and may necessitate offering significantly higher compensation packages to justify the visa costs.
Alternative Visa Categories
The O-1 visa for individuals with extraordinary ability becomes increasingly attractive, despite its higher evidentiary requirements. Unlike H-1B visas, O-1 visas don’t have annual caps and allow for more flexible employment arrangements. L-1 visas for intracompany transfers remain viable for multinational corporations, though they require the foreign worker to have been employed abroad by the company for at least one year.
Canadian Pathway Strategy
Companies are already exploring establishing Canadian subsidiaries or partnerships to access talent through Canada’s more favorable immigration programs. Long term, foreign workers who gain Canadian citizenship – which requires three years of residence – may become eligible for TN visa status under NAFTA provisions, allowing them to work in the United States without H-1B restrictions.
Remote Work Arrangements
The post-pandemic normalization of remote work provides another avenue. Companies can maintain foreign workers as international employees or contractors, though this approach requires careful attention to tax implications, labor law compliance, and data security requirements. Some firms are looking at establishing “nearshore” development centers in countries with favorable tax treaties and strong intellectual property protections.
Long-Term Strategic Implications
The $100,000 fee represents more than a cost increase; it signals a fundamental shift in American immigration policy toward a merit-based, high-investment model. The simultaneous introduction of the “Trump Gold Card,” which requires a $1 million investment for expedited permanent residence, suggests that the administration views immigration primarily through an economic lens.
This policy will likely accelerate several existing trends in the global talent market. First, it will push more technology and innovation activity offshore, potentially weakening America’s competitive position in emerging technologies. Second, it may drive talented foreign students to choose universities in Canada, Australia, and the United Kingdom over American institutions, knowing their post-graduation employment prospects are more favorable elsewhere.
Companies that successfully adapt to this new environment will need to develop more sophisticated global talent strategies, invest heavily in domestic workforce development, and create more compelling value propositions for foreign workers. Those that fail to adapt may find themselves at a significant competitive disadvantage in accessing the specialized skills necessary for innovation and growth.
The ultimate test of the $100,000 H-1B fee will be whether it achieves its stated goals of protecting American workers and strengthening the economy, or whether it merely succeeds in making the United States a less attractive destination for the world’s top talent. Time will tell. Still, the initial signs suggest we may be witnessing the beginning of a significant shift in global talent flows away from American shores.
Contact Sayer, Regan & Thayer for more information on this topic.
Note: This article is for informational purposes only and does not constitute legal advice. Companies should consult with qualified legal counsel for specific guidance on regulatory compliance.
