The New $100,000 H-1B Filing Fee: Employer Considerations
On Sept. 19, 2025, President Trump signed a Presidential Proclamation introducing a mandatory $100,000.00 one-time fee for all “new” H-1B petitions filed on or after Sept. 21, 2025. This represents a significant increase to H-1B filing costs and may substantially affect employers’ immigration strategies and budgets. The fee is effective for 12 months, until Sept. 21, 2026 (unless extended).

Key Takeaway: Petitions submitted prior to Sept. 21, 2025, are unaffected by this fee increase. The practical impact may vary significantly between cap-subject and cap-exempt employers due to regulatory timing restrictions and uncertainty over petition classifications.
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Photo of Ian Macdonald Ian Macdonald

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and his team work closely with companies to manage and modify, where needed, corporate immigration programs to maximize efficiency, service and regulatory compliance levels. He is experienced with the full range of business immigration sponsorship categories (visas and permanent residence), anti-discrimination rules to reduce or eliminate risk of employment litigation, employer sanction cases, and I-9 and E-Verify compliance. Ian assists clients with establishing risk-based performance standards (RBPS) and Department of Homeland Security protocol, providing risk assessment assistance to corporations subject to Chemical Facility Anti-Terrorism Standards (CFATS) and assisting clients with ITAR/Export Control compliance within the immigration context.

Ian has developed strategic relationships abroad that he utilizes when working with clients to ensure compliance with foreign registration requirements. He is experienced with analyzing complex global mobility opportunities on country-specific matters to facilitate the transfer of personnel. Ian is also experienced in counseling employers on immigration strategy as well as immigration consequences of mergers and acquisitions, reduction in workforces, and furloughs.

Prior to joining the firm, Ian worked for the United Nations, various non-governmental think tanks and corporate law firms in London, Washington, D.C., New York and Atlanta.

Photo of Michael Eisenstadt Michael Eisenstadt

Michael Eisenstadt is a member of the Immigration & Compliance Practice in Greenberg Traurig’s Atlanta office. He has experience managing corporate immigration accounts including Fortune 100 companies. Throughout his career, Michael has partnered with clients regarding the development and implementation of immigration policies…

Michael Eisenstadt is a member of the Immigration & Compliance Practice in Greenberg Traurig’s Atlanta office. He has experience managing corporate immigration accounts including Fortune 100 companies. Throughout his career, Michael has partnered with clients regarding the development and implementation of immigration policies and procedures, immigration best practices, immigration planning, and compliance (I-9) matters. He handles the full range of immigrant and nonimmigrant employment-based matters, including H-1B, L-1, E-1/E-2, TN, O-1, as well as labor certification, multinational manager, extraordinary ability and national interest waiver petitions, investor (EB-5) green cards, adjustment of status, consular processing, and other employment-based immigration matters.