The $100K H-1B Fee and What Comes Next: Key Takeaways and Alternatives for Attorneys

The immigration landscape shifted sharply after the Trump administration announced a $100,000 fee for new H-1B petitions. The announcement sent shockwaves through employers, workers, and immigration attorneys, creating widespread uncertainty about what the rule means in practice — and how to move forward. 

To unpack these developments, Joshua Wallace, VP of Sales at Joorney, sat down with Toni Xu, immigration attorney and founder of Xu Law Group, in a live webinar: “The $100K Update & Alternative Pathways to the H-1B.” 

Together, they explored the rule’s implications, the legal and business impact, and the H-1B alternatives attorneys should now consider for their clients. 

 Watch the full webinar recording or read the summary below. 

Understanding the $100K H-1B Fee 

As Toni explained, the new rule “essentially imposes a $100,000 fee on each new H-1B petition filing,” marking one of the most significant cost increases in employment-based immigration history. 

She clarified that “the fee applies only to new petitions and not to extensions or amendments,” but warned that it may still “create confusion for cases filed right before or after the implementation date.” 

Attorneys should be mindful of timing and documentation, as she noted: 

“If you filed before September 21, you’re safe. Anything after that date falls under the new fee rule.” 

The Immediate Impact on Employers and Workers 

For employers, especially startups and small businesses, the new fee presents both financial and strategic challenges. Toni observed: 

“Large tech companies can absorb this, but smaller companies and early-stage startups are the ones who will be priced out.” 

She added that attorneys should help clients plan not only for the upfront costs but also for the ripple effects in hiring and workforce strategy. 

From an employee perspective, the uncertainty is leading many professionals to reconsider their options. As Toni put it: 

“A lot of H-1B workers are asking, ‘Does this mean I’ll lose my job?’ And the truth is, it depends on how their employer responds and whether alternatives are available.” 

Can Employers Pass the Fee to Workers? 

One of the most common questions from attorneys and clients has been whether the $100,000 can legally be passed on to the employee. Toni was clear: 

“No, the employer cannot ask the worker to pay. That would be a violation of the law.” 

This restriction adds further pressure on companies, particularly those sponsoring multiple H-1B employees, to explore other visa categories that are more financially and strategically sustainable. 

Exploring H-1B Alternatives 

With H-1B petitions becoming less accessible, attorneys are increasingly guiding clients toward H-1B alternatives like O-1, EB-2 NIW, EB-1, and E-2. Toni emphasized that there’s no one-size-fits-all solution — it depends on the client’s profile, achievements, and nationality. 

“For highly accomplished professionals — especially in STEM or creative fields — the O-1 is often a stronger option. It’s flexible, faster, and doesn’t depend on the lottery.” 

 She also noted that EB-2 NIW has become a compelling route for qualified professionals seeking permanent residency without employer sponsorship: 

“The National Interest Waiver is perfect for people who already have strong credentials and want independence from employer control.” 

For entrepreneurs and investors, E-2 visas remain a viable option for those from treaty countries: 

“The E-2 gives founders and business owners more autonomy. If you can demonstrate investment and job creation potential, it can be a great pathway.” 

What Attorneys Should Do Next 

Toni encouraged attorneys to be proactive, not reactive, as immigration policy evolves. 

“This is a moment to educate clients. Don’t wait until they panic about fees — start the conversation now about alternatives and long-term planning.” 

She also advised firms to strengthen their internal strategy and collaboration: 

“Immigration law is becoming more advisory. Attorneys who can help clients think strategically about business models and visa planning will stand out.” 

Looking Ahead 

The introduction of the $100K H-1B fee marks a turning point for employment-based immigration. Whether the rule remains or evolves, it’s clear that H-1B alternatives will play an increasingly vital role in how attorneys guide their clients. 

For those who missed the live discussion, you can watch the full webinar recording here.  

Joorney Business Plans 

Joorney partners with immigration attorneys and their clients to prepare professional, persuasive business plans, case preparation, and other supporting documentation for a wide range of visa categories — including H-1B, E-2, L-1, EB-2 NIW, and EB-5. 

To learn how Joorney can support your cases or help you present stronger petitions for your clients, reach out to us today.