Immigration Lawyer Provides Insights on New H-1B Visa Fees in 2025
(New York City, NY - October 2025) The landscape of immigration law in the United States is constantly evolving, and a major change is on the horizon for 2025. A new federal policy is set to introduce a substantial fee for new H-1B visa petitions, impacting employers across New York and the entire country. If your business relies on hiring foreign talent, understanding this change is critical. This guide breaks down the new H-1B visa policy, who it affects, and how an experienced immigration lawyer from John Nicelli & Associates can help you prepare.
Overview of the New H-1B Visa Fee Policy in 2025
A recent Presidential Proclamation has established a new rule for employers seeking to hire foreign professionals that started September 2025. A one-time fee of $100,000 will be required for all new H-1B visa petitions. This work visa is essential for bringing workers in specialty occupations to the United States.
This significant visa fee marks a major shift in how companies approach hiring international talent. While immigration lawyers in NYC handle many common immigration cases, from family petitions to asylum claims, this H-1B change will create a new layer of complexity for businesses. Preparing for this financial and procedural adjustment is now a top priority for many employers.
Presidential Proclamation Impacting H-1B Petitions
The new fee is based on a Presidential Proclamation issued September 19, 2025, directing federal agencies to regulate specialty occupation workers through revised fees. This marks a major shift in immigration law and increases costs for companies using the H-1B program.
Law firms and organizations like the American Immigration Lawyers Association are assessing the impact. Understanding the proclamation’s details requires legal guidance from a skilled immigration lawyer. An experienced immigration lawyer can help you interpret your obligations and ensure compliance with federal regulations.
Timeline for Implementation of H-1B Fee Changes
The new $100,000 H-1B fee took effect on September 21, 2025. Any H-1B petition filed on or after this date must include proof of fee payment.
USCIS will enforce this requirement, and employers should expect updated forms and instructions. Stay alert for official announcements about these changes.
Companies planning to sponsor H-1B workers should start preparing now. Consulting an immigration lawyer from John Nicelli & Associates can help ensure timely and accurate filings.
Key Differences Between Old and New H-1B Petition Fees
The new H-1B fee structure replaces multiple smaller fees with a single $100,000 government fee for new petitions, significantly impacting employer budgets.
Fee Structure | Before Sept 21, 2025 | After Sept 21, 2025 |
Core Fee | Multiple smaller fees | One-time $100,000 fee |
Applicability | All petitions | New H-1B petitions only |
Legal fees are separate and vary by case. Consult an immigration attorney from John Nicelli & Associates for your total costs.
Who Is Affected by the New $100,000 H-1B Visa Fee?
The new $100,000 H-1B visa fee targets U.S. employers filing initial petitions for foreign professionals. While not everyone is affected, prospective workers and dependent companies may feel the impact. To determine if the rule applies to your case, consult an immigration attorney from John Nicelli & Associates. Employers should ask about the immigration attorney’s H-1B experience and how the fee affects hiring strategies.
Employers Filing After September 21, 2025
If you plan to file a new H-1B petition after September 21, 2025, you must:
Budget for the $100,000 fee per petition.
Provide proof of payment with your filing.
Ensure your petition is fully prepared to avoid losing the fee if denied.
This applies to any company sponsoring a foreign worker for an H-1B. An experienced immigration attorney from John Nicelli & Associates can help you navigate these requirements and protect both your investment and the employee’s status.
Existing H-1B Visa Holders and Renewals
Good news for current H-1B holders and their employers: the new $100,000 fee does not apply to you. The Presidential Proclamation makes it clear that this policy is forward-looking and will not affect existing H-1B visas.
Renewals, extensions, amendments, and transfers for current employees remain unaffected by the new fee. These processes and costs are expected to stay separate from the initial petition policy.
If you’re unsure how this impacts your situation, consult an immigration lawyer from John Nicelli & Associates. Professional advice from an immigration lawyer can clarify your options for renewals, extensions, and future hires.
Foreign Workers in Specialty Occupations
While employers pay the fees, foreign workers seeking specialty roles in the U.S. are indirectly affected. High costs may deter companies from sponsoring new H-1B candidates, reducing opportunities for international talent.
As a prospective worker, it's important to present a strong case—your qualifications and role will face closer scrutiny. Employers want assurance their investment will succeed.
Legal representation from an immigration lawyer is invaluable. An immigration lawyer from John Nicelli & Associates ensures your credentials and job offer meet H-1B requirements, strengthening your petition and simplifying the immigration process.
National Interest Exceptions for H-1B Visa Petitions
The new policy does include a potential pathway for relief: a national interest exception. The proclamation allows for the $100,000 fee to be waived in certain cases where the H-1B worker's employment is deemed critical to the national interests of the United States.
Obtaining this exception will require a compelling and well-documented case. While some organizations in New York City offer legal aid for immigrants who cannot afford a lawyer for certain case types, navigating a complex business-related waiver like this typically requires legal help. An experienced immigration attorney from John Nicelli & Associates can assess your eligibility and build a strong argument for the waiver.
Criteria for Qualifying for an Exception
Qualifying for a national interest waiver from the H-1B fee will be challenging. The Department of Homeland Security will set specific requirements, likely centered on work with significant public benefit—similar to the National Interest Waiver (NIW) for green cards.
Potential qualifying sectors include:
Critical infrastructure and national security
Public health and medical research
Advanced technology and AI are vital to U.S. competitiveness
Non-profit research or education on nationally significant projects
To prepare a case, you must show that your candidate meets these strict criteria and that their work benefits the nation beyond your company’s interests.
Documentation Required for Exception Requests
To secure a fee exception, you need strong documentation proving the national importance of both the position and the sponsored worker. Claims alone aren't enough—substantial evidence is required.
Your documentation may include:
Letters of support from government agencies or field experts.
Evidence of project significance, like federal funding or contracts.
Proof of the worker’s unique skills is unavailable in the U.S. labor market.
Gathering this evidence is complex. Working with an experienced immigration law firm ensures you present persuasive documentation that meets government criteria.
Guidance from a NYC Immigration Attorney on Exceptions
Seeking a fee exception requires an experienced NYC immigration attorney. Choose one with expertise in complex business immigration and employment-based waivers.
An immigration lawyer from John Nicelli & Associates can interpret agency criteria, gather evidence, and build a persuasive case for your H-1B national interest exception. This professional support greatly improves your approval chances.
Employer Responsibilities Under the New H-1B Visa Policy
As an employer in New York State, you must be aware of your new responsibilities under this H-1B policy. The primary duty is ensuring the $100,000 fee is paid and properly documented for every new petition filed after the deadline. Failure to comply can lead to immediate rejection of the petition.
To prepare, you should consult with an immigration lawyer to fully understand the implications. When you have your first consultation, you should ask key questions like: "What is your firm's experience with H-1B petitions?" and "What is your strategy for handling petitions under this new fee structure?" The answers will help you navigate this new aspect of immigration law effectively.
Proof of Fee Payment Requirements for H-1B Visa
Starting September 21, 2025, all H-1B petitions must include clear proof of fee payment. USCIS will strictly enforce this rule, and unclear documentation may result in rejection.
Acceptable proof includes:
Copy of cashed check or money order
Credit card receipt from the USCIS online system
Bank confirmation of electronic transfer
Official Department of Homeland Security receipt
Keep thorough records. An experienced immigration attorney from John Nicelli & Associates can help ensure you submit the correct proof and avoid administrative errors that could jeopardize your petition.
Steps for Preparing H-1B Visa Petitions After September 2025
After September 2025, the petition process requires more than filling out forms—it needs strategic planning. To adapt to new financial and regulatory changes, take these key steps:
Consult an experienced immigration attorney: Get professional advice from an immigration attorney to develop your strategy.
Update your budget: Account for the $100,000 fee in your hiring and legal costs.
Identify candidates early: Start recruiting and screening well in advance.
Gather documentation early: Work with your law office to compile all necessary evidence before the filing window.
Proactive preparation helps prevent delays or denials. An experienced immigration attorney from John Nicelli & Associates can guide you through every stage for a smooth, compliant submission.
Consequences of Non-Compliance
Non-compliance with the new H-1B visa fee policy can result in immediate petition rejection, costing you time. Submitting false payment information or avoiding the fee may lead to fines and your company being barred from future immigration programs. While individuals aren't directly subject to removal for business-related non-compliance, strict adherence to immigration rules is essential, as violations carry serious consequences.
Role of an Immigration Attorney in Navigating H-1B Changes
With such a significant H-1B policy change, the role of an immigration attorney is more critical than ever. An experienced immigration attorney from John Nicelli & Associates can help you understand the law, assess your options, and prepare a flawless petition. They provide the legal representation needed to navigate these complex new requirements confidently.
For complex H-1B cases, especially those involving fee waiver requests or nuanced eligibility issues, an immigration lawyer from John Nicelli & Associates is essential. Their expertise and proven track record of success can be the deciding factor in achieving a positive outcome for your company and your prospective employee.
Legal Support Offered by NYC Immigration Lawyers at John Nicelli & Associates
The legal team at John Nicelli & Associates is equipped to provide comprehensive legal support to employers navigating the new H-1B fee policy. As experienced immigration lawyers in New York City, NY, John Nicelli and his team understand the challenges businesses face and are prepared to offer tailored solutions.
From the initial assessment of your case to the final submission of your petition, their law firm is dedicated to guiding you every step of the way. They can help you determine if a national interest exception is viable, ensure your financial documentation is in order, and meticulously prepare the entire H-1B package for submission.
With this new, high-stakes fee, there is no room for error. The personalized attention and oversight from the immigration lawyers at John Nicelli & Associates ensure that your petition is as strong as possible, maximizing your chances of success in this new regulatory environment.
How a NYC Immigration Attorney Can Assist in Document Preparation
Proper document preparation is vital for a successful H-1B petition; even one missing or incorrect form can cause delays or denial. A NYC immigration attorney from John Nicelli & Associates ensures every detail is accurate.
John Nicelli & Associates can help by:
Creating a customized checklist of required documents
Reviewing all forms and evidence for accuracy
Drafting strong support letters and legal arguments
An initial consultation explains how a NYC immigration attorney from John Nicelli & Associates manages your paperwork, providing peace of mind and allowing you to focus on your business while they handle the legal details.
Benefits of Consulting an Immigration Lawyer
Immigration law is complex, especially with recent H-1B visa fee changes. An experienced immigration lawyer from John Nicelli & Associates offers tailored guidance and clarifies legal terms, helping you understand each step of your case.
A skilled immigration lawyer from John Nicelli & Associates provides strategic advice for your specific situation, whether you're adjusting status or filing petitions. Their expertise reduces stress and gives you confidence throughout the process.
Spotlighting the NYC Immigration Lawyers on John Nicelli & Associates
At John Nicelli & Associates, a premier immigration law firm in New York City, NY, immigration matters are handled with care and expertise. Their team of experienced immigration lawyers understands the intricacies of immigration law and the challenges clients face when navigating the immigration process. Whether it's family immigration, work visas, or deportation defense, they strive to offer clients peace of mind through their proven track record of success. Every client receives personalized legal representation, ensuring they feel supported every step of the way.
Immigration Attorney Services Provided for H-1B Visa Applicants
John Nicelli & Associates offers comprehensive legal services for the H-1B visa process, helping both employers and applicants from initial filing to long-term residency goals like obtaining a green card.
Their experienced immigration attorneys assist with:
Case Strategy and Eligibility: Assessing your best options under current H-1B rules.
Petition Preparation and Filing: Carefully preparing and submitting your application to USCIS.
Responding to RFEs: Handling immigration authority inquiries to keep your case moving forward.
Whether you’re filing your first petition or planning for permanent residency, their team provides experienced guidance throughout the H-1B process.
Frequently Asked Questions
What are the typical costs to hire an NYC immigration lawyer for H-1B petitions?
Legal fees for an H-1B petition in New York City vary by law firm and case complexity. Costs can range from a few thousand to several thousand dollars. It is best to schedule an initial consultation with a NYC immigration lawyer to receive a precise quote based on your specific needs.
What should employers ask an NYC immigration attorney during their first consultation?
During an initial consultation, an employer should ask an immigration attorney about their relevant experience with H-1B visas, their law firm's success rate, their proposed strategy for the case, their communication process, and a clear breakdown of all potential fees, including the new $100,000 government fee.
Are You Searching for an "Immigration Lawyer Near Me?" Contact John Nicelli & Associates Today!
If you are searching for an "immigration lawyer near me" to understand new H-1B visa fees, John Nicelli & Associates is here to help. John Nicelli & Associates can help businesses and individuals navigate U.S. immigration. Their team of NYC immigration lawyers is available for consultations to answer questions you may have.
Don’t let legal complexities stop you—get guidance and move forward with confidence. Contact John Nicelli & Associates to schedule your consultation and secure your future in the U.S.
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