If you’re a U.S. employer considering hiring a Canadian professional on an H‑1B visa or a Canadian planning your work path you’ve likely seen headlines about a $100,000 supplemental fee tied to certain H‑1B filings. Yes, this fee is real and effective as of September 21, 2025. However, it only applies in specific circumstances, and many Canadians, especially those already inside the U.S., will not be subject to it. This post breaks down what triggers the fee, who pays it, when it doesn’t apply, and practical strategies for employers and applicants.
What the $100,000 H‑1B Fee Is (and Isn’t)
- The $100,000 fee is a supplemental filing requirement for certain new H‑1B petitions filed on or after September 21, 2025.
- It is not a penalty for fraud or misconduct. Instead, it was introduced under a 2025 Presidential Proclamation and implemented by USCIS as a condition for eligibility.
- The fee applies once per applicable petition, not annually or per employee.
- USCIS requires the fee be paid via pay.gov before petition submission, with proof included in the H‑1B package.
When the $100K Fee Does Apply
The fee is triggered only when all of the following are true:
- The petition is filed on or after September 21, 2025
- It is a new H‑1B petition
- The beneficiary is physically outside the U.S. at the time of filing
- The beneficiary does not already hold valid H‑1B status or visa
- The petition requests consular processing (i.e., visa issuance abroad)
Example: When It Applies
A U.S. firm sponsors Emma, a Canadian engineer living in Toronto, with no prior U.S. immigration history. The H‑1B petition requests consular processing so she can apply for a visa at a U.S. consulate in Canada. Because Emma is outside the U.S., without an H‑1B, and requires consular processing, the $100,000 fee applies.
When the $100K Fee Does Not Apply
No $100K fee is required if:
- The beneficiary is already in the U.S. in valid status (e.g., TN, F‑1) and files a change of status to H‑1B
- The petition is for an H‑1B extension, amendment, or transfer
- The beneficiary already holds H‑1B status or visa
- The petition is filed before September 21, 2025
Who Pays the Fee
- The U.S. employer (petitioner) must pay the $100,000
- It cannot be charged back to the employee
- Payment must be made before filing, and proof must be included with Form I‑129
| Fee Type | Amount | Notes |
| Base Filing Fee (Form I‑129) | $460 | Applies to all H‑1B petitions |
| ACWIA Training Fee | $750 or $1,500 | $750 if ≤25 employees; $1,500 if 26 or more |
| Fraud Prevention and Detection Fee | $500 | Applies to all initial H‑1B filings and transfers |
| Premium Processing (optional) | $2,805 | 15-day expedited processing by USCIS |
| Public Law 114‑113 Fee | $4,000 | Applies only if 50+ U.S. employees and over 50% in H‑1B or L‑1 status |
Strategies to Avoid the $100,000 Fee (Legally)
- File change of status inside the U.S. if the Canadian worker is already present (e.g., TN, F‑1/OPT)
- Avoid consular processing unless necessary
- Enter the U.S. first under another valid status, then file a change of status to H‑1B
- Plan filing timelines around travel and status to avoid fee-triggering conditions
- Consult experienced immigration counsel early for tailored guidance
Canadians Still Strong H‑1B Candidates
The $100,000 H‑1B fee only applies in narrow cases, specifically when bringing a new candidate from abroad who doesn’t already have H‑1B status or a visa. Most Canadians already in the U.S. can avoid this fee entirely with the right filing strategy. Employers should plan carefully, consult immigration counsel early, and continue tapping into the Canadian talent pipeline with confidence.
Sources:
- U.S. Citizenship and Immigration Services (USCIS): H‑1B Fee FAQs
- U.S. Department of Labor (DOL): H‑1B Program Overview
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding H-1B Visas, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
