President Trump has signed an Executive Order (EO) to impose an $100K extra fee for H1B application. The key points of the EO are:
- The EO applies to H1B applications filed after September 21, 2025.
- The EO does not apply to individuals who are already in the U.S. seeking H1B “transfer of employer”.
- The fee applies to both cap-subject and cap-exempt H1B visa holder.
- The fee applies to Canadians even though they are “visa exempt”.
- The fee will expire on 09/21/2026, unless it is extended.
- There is an exception to this fee for an individual, a company, or an industry that is in the national interest and does not pose a threat to the security or welfare of the U.S. However, the EO has not defined what and who is covered by this exception.
It is expected that lawsuits will be filed in coming days. Please note that the situation is very fluid at this time.
Please don’t hesitate to contact Jared Leung at jleung@jclimmigration.com, if you have any questions.
