H-1B visa fee sparks GOP revolt: Republicans and Democrats oppose Trump’s $100,000 fee citing burden on small tech

Three Republican lawmakers joined Democrats in opposing President Donald Trump’s $100,000 annual fee for H-1B visa applicants, The Wall Street Journal reports, adding to mounting resistance from the tech industry.

Reps. Jay Obernolte (R., Calif.), Maria Salazar (R., Fla.) and Don Bacon (R., Neb.) signed a letter on Tuesday, the news outlet stated, with three Democrats urging President Trump and Commerce Secretary Howard Lutnick to reconsider the new fee.

“We have heard clearly from technology innovators that the proclamation’s $100,000 annual fee is prohibitively expensive for early-stage employers and small companies,” the news outlet quoted the six lawmakers, led by Rep. Sam Liccardo (D., Calif.), writing in the letter.

USCIS clarifies implementation of $100,000 H-1B visa fee

The US Citizenship and Immigration Services (USCIS) released updated guidance on Monday (October 20) clarifying how the $100,000 H-1B visa fee, announced in a presidential proclamation on September 19, will be implemented. The fee, aimed at certain H-1B visa petitions, has sparked confusion among employers and backlash from the tech industry.

Fee applies to new H-1B petitions abroad

According to USCIS, the fee applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025, for beneficiaries outside the United States who do not hold a valid H-1B visa.

“The Proclamation applies to new H-1B petitions filed…on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” USCIS said. The guidance also applies if a petition requests consular notification, port of entry notification, or pre-flight inspection for a beneficiary already in the US.

USCIS clarified that the fee does not apply to petitions involving a change of status inside the United States.

Exceptions and special cases

USCIS detailed situations in which the fee becomes applicable, particularly if a requested change of status or extension is denied.

“In addition, if a petition…requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible…the Proclamation will apply and the payment must be paid,” the guidance reads.

The agency emphasized that the fee does not affect holders of currently valid H-1B visas or petitions submitted prior to September 21, 2025.

How to pay the $100,000 fee

Employers must submit the payment via the federal payment portal at Pay.gov. USCIS instructed, Petitioners should submit the required $100,000 payment using pay.gov, following the instructions at https://www.pay.gov/public/form/start/1772005176

Rare exceptions granted by Secretary of Homeland Security

USCIS confirmed that exceptions are extremely limited and granted only under extraordinary circumstances.

“Exceptions…are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where…requiring the petitioning employer to make the payment…would significantly undermine the interests of the United States,” the guidance stated.

Employers who believe their worker meets this high threshold may request an exception by sending supporting evidence to: H1BExceptions@hq.dhs.gov