H-1B Visa: The impact of the US$100,000 fee on professionals and companies

The proposal to impose a US$100,000 fee for H-1B visas, which will take effect in 2026, has created significant uncertainty among both foreign professionals and employers in the United States. This measure would not only make immigration processes more expensive, but also change how companies and workers plan their professional futures.

Impact on the labor market

  1. Economic barriers for foreign professionals: The dream of working in the U.S. may become unattainable for thousands. On top of relocation costs, legal procedures, and adaptation expenses, this extraordinary fee would limit opportunities for those without solid financial backing.
  2. Disincentive for small and medium-sized businesses: Large corporations may be able to absorb the cost, but small and medium-sized businesses would likely withdraw from sponsoring foreign talent. This would concentrate opportunities among a few players and reduce diversity and equity in the labor market.
  3. Competition for fewer slots: While the high cost could reduce the number of applicants, the pressure on available slots would increase, making the process even more competitive and selective.
  4. Collateral immigration effect: Those already in the U.S. under different statuses may accelerate their adjustment of status to permanent residency, reducing their reliance on the H-1B.

Alternatives for those seeking opportunities

  1. Alternative visas: Categories like O-1 (extraordinary ability) or L (intra-company transfer) may provide viable paths without the direct impact of the fee.
  2. Existing H-1Bs or renewals: Those who already hold an active H-1B may process renewals before the new measure takes effect.
  3. Adjustment of status: Moving toward permanent residency (Green Card) is a strategic path for those already legally in the U.S.
  4. Early planning: Preparing documentation ahead of time and having reliable legal counsel will be key to minimizing risks.

The proposed H-1B visa fee represents much more than an economic cost — it poses a structural challenge for both professionals and companies. At Benme Legal, we believe that information and planning are essential. Intention alone is not enough; you need a clear legal strategy to achieve your goals.

Watch our latest interview where we dive deeper into this topic and share useful recommendations: Watch here