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What Employers Need to Know About the New H-1B Executive Order
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Recent Contributors to The National Law Review
On September 19, 2025, the White House issued a Presidential Proclamation imposing a $100,000 filing fee for certain H-1B workers.
If they are overseas and their visa number is selected in the lottery, then the employer will have to file an I-129 petition, indicate consular processing, and pay the $100,000 filing fee prior to filing the petition.
If they are overseas and their visa number is selected in the lottery, then the employer will have to file an I-129 petition, indicate consular processing, and pay the $100,000 filing fee prior to filing the petition.
When Congress created the H-1B program in 1990, it did not tie it to proving that there was a shortage of U.S. workers.
Also, if the wage aspects of the EO withstand a court challenge, then employers can expect to pay higher wages to H-1B workers in the future.
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