A $100,000 Filing Fee? Here’s What It Means for You

On September 19, 2025, the U.S. government announced a significant change to the H-1B visa program: a $100,000 filing fee for new foreign workers entering the U.S. under H-1B petitions. This policy, which took effect on September 21, 2025, and is set to last for one year, has already raised concerns across industries that depend on global talent—including small businesses.

Initial data indicates enterprises like Amazon, Tata Consultancy Services, Google and Microsoft will be hit hardest. But what does it mean for small to medium sized businesses? What about those on the cusp of expansion?

While large corporations may be able to absorb the cost, small and mid-sized businesses face a much tougher challenge. If your company has ever considered bringing in international talent (or already does) this change could significantly affect your bottom line.

What’s Changing with the H-1B Visa?

Before we explore the impact, let’s look at what exactly will change under the new federal regulations.

The new policy introduces a one-time $100,000 filing fee for new H-1B petitions filed from abroad. It applies only to new entrants and does not affect:

• renewals,
• current visa holders,
• or individuals already in the U.S.

The fee is enforced by the U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and the State Department. It impacts petitions filed on or after September 21, 2025, including those selected in the FY2027 H-1B lottery.

Additionally, when using the H-1B process, DHS is proposing a weighted selection system where higher-tiered wage structures will carry greater weight, potentially prioritizing higher-paid foreign workers for approval.

Why These Visa Changes Matter to Small Businesses

The financial burden of this policy is substantial. The cost of sponsoring a new H-1B worker has increased from approximately $3,000 to over $100,000 per petition. For startups and small businesses, this could mean reconsidering international hiring due to budget constraints.

Access to specialized talent may also be limited. Industries such as technology, healthcare, and life sciences often rely on foreign professionals to fill roles that require advanced skills. This policy could restrict access to those skills, making it harder for small businesses to compete and innovate.

Additionally, the new rule may force small businesses to rethink their workforce strategies. Many may need to prioritize hiring U.S.-based talent, which can be in short supply for certain technical or specialized roles. The U.S. is behind countries like India, China and Japan in competitive STEM expertise, putting businesses in a competitive pinch for qualified talent that meet their needs. Other businesses might delay or cancel international hiring plans or reallocate budgets to cover compliance and legal costs associated with the new regulation.

What’s Still Unclear?

There are several unanswered questions surrounding the policy. It remains uncertain whether exemptions will be made for nonprofit or educational institutions. The process for collecting and enforcing the fee has not been fully clarified. Furthermore, it is unclear whether the policy will be extended beyond its initial one-year duration.

These uncertainties make it even more important for small business owners to stay informed and proactive in their workforce planning.

How VensureHR Can Help

At VensureHR, we understand how complex and overwhelming immigration compliance can be, especially for businesses in need of reliable consulting. Our experts are here to help you evaluate your hiring strategy considering the new H-1B rules, especially in understanding your compliance obligations. Sometimes, H-1B hiring is inevitable. We’re here to help you plan for workforce continuity without breaking your budget. We also help businesses stay ahead of future immigration reforms by providing timely updates and strategic guidance.

For business owners looking to expand internationally, partnering with an Employer of Record (EOR) offers a streamlined and cost-effective alternative to navigating the complexities of H-1B visa sponsorship. Instead of relocating talent to the U.S., Vensure’s EOR enables companies to hire skilled professionals in their home countries while ensuring full compliance with local labor laws, payroll, and tax regulations. This approach eliminates visa quotas, reduces legal risk, and accelerates global expansion by allowing businesses to quickly establish a presence in new markets without setting up legal entities. It’s a smart solution for scaling internationally while maintaining flexibility and control.

Additionally, Vensure Employer Solutions can connect businesses with nearshore staffing solutions through BPO providers like Solvo. Nearshore staffing can be leveraged to offset costs up to 60% with skilled employees outside the U.S.

Ready to Navigate the H-1B Changes with Confidence?

Contact VensureHR today to schedule a consultation with our HR compliance experts. We’ll help you build a workforce strategy that’s both compliant and cost-effective, so you can focus on growing your business.