H-1B 100K Fee: What Employers Need to Know About the New Visa Integrity Fee
— Key Takeaways The H-1B 100K fee refers to a legislative proposal that would impose a $100,000 fee on certain employers sponsoring H-1B workers. The fee primarily targets H-1B dependent employers — those with a high percentage of H-1B workers relative to their total workforce. As of this writing, the fee is a proposal that has appeared in various immigration reform bills; it is not yet enacted into law. Existing H-1B fees already include base filing fees, training fees, and fraud prevention fees that can total several thousand dollars per petition. Employers should monitor legislative developments and consult with immigration counsel to plan for potential cost changes. The H-1B 100K fee — a proposed $100,000 visa integrity fee targeting certain employers of H-1B workers — has become one of the most discussed topics in immigration law. This proposal, which has appeared in various legislative forms, would represent a dramatic increase in the cost of H-1B sponsorship for qualifying employers, particularly those classified as “H-1B dependent.” For employers who rely heavily on H-1B workers, understanding this proposal, its current status, and its potential impact is essential for long-term workforce planning. In this article, we break down what the H-1B 100K fee is, which employers may be affected, how it differs from existing H-1B fees, and what compliance strategies employers should consider. What Is the H-1B $100K Visa Integrity Fee? The H-1B $100,000 visa integrity fee is a proposed fee that would be assessed on certain employers when they file H-1B petitions. The proposal has appeared in various forms in immigration reform legislation introduced in Congress. The stated goals of the fee include discouraging over-reliance on H-1B workers, funding immigration enforcement and processing, and encouraging employers to invest in training American workers. The specifics of the fee — including the exact amount, which employers would be subject to it, and any exemptions — have varied across different legislative proposals. Some versions target only the largest H-1B dependent employers, while others apply more broadly. The $100,000 figure has been associated with certain proposals aimed at employers with the highest concentration of H-1B workers. It is important to note that this fee is a legislative proposal and is not currently in effect. No employer is currently required to pay a $100,000 fee to file an H-1B petition. However, given the significant attention the proposal has received and its potential impact, employers should stay informed about its progress through Congress. Which Employers Would Be Affected? While the details depend on the specific legislative text, the primary targets of the proposed fee are: H-1B dependent employers: Companies whose H-1B workforce exceeds a certain percentage of their total U.S. employees. Under current law (INA § 212(n)(3)), an employer is H-1B dependent if it has 25 or fewer full-time employees and at least 8 are H-1B workers; 26 to 50 employees and at least 13 are H-1B workers; or 51 or more employees and at least 15% are H-1B workers. Large outsourcing and IT staffing firms: Many legislative proposals specifically target companies whose primary business model involves placing H-1B workers at third-party client sites. Employers with high H-1B petition volumes: Some versions of the proposal scale the fee based on the total number of H-1B petitions filed by a single employer. Smaller employers, startups, and companies that sponsor a modest number of H-1B workers may be exempt or subject to lower fee amounts under various versions of the legislation. Understanding H-1B Dependent Employer Status H-1B dependent employer status is a classification under current immigration law that subjects certain employers to additional requirements when filing H-1B petitions. Understanding this status is important because many proposed fee increases — including the $100K fee — use H-1B dependence as a triggering criterion. Current Thresholds Under existing regulations, an employer is classified as H-1B dependent based on the following thresholds: Total Full-Time Employees H-1B Workers Threshold H-1B Dependent? 1–25 employees 8 or more H-1B workers Yes 26–50 employees 13 or more H-1B workers Yes 51+ employees 15% or more are H-1B workers Yes Additional Obligations for H-1B Dependent Employers H-1B dependent employers currently face additional requirements, including: Non-displacement attestation: The employer must attest that it has not and will not displace a U.S. worker with an H-1B worker. Recruitment attestation: The employer must demonstrate good-faith efforts to recruit U.S. workers before hiring an H-1B worker. Higher fee obligations: H-1B dependent employers already pay additional fees under the current fee structure (e.g., the $4,000 Public Law 114-113 fee for employers with 50+ employees where more than 50% are H-1B/L-1 workers). For detailed information on current H-1B employer obligations, visit the Department of Labor’s H-1B fact sheet. Legislative History and Current Status The concept of a significant fee increase for H-1B dependent employers has appeared in several immigration reform proposals: Various Senate and House bills: Over recent legislative sessions, multiple bills have included provisions for increased H-1B fees, ranging from $10,000 to $100,000, targeted at employers who are heavy users of the H-1B program. Bipartisan support for reform: Both parties have expressed interest in reforming the H-1B program, though they often disagree on the specifics. Fee increases have been proposed alongside other reforms such as wage level requirements, lottery modifications, and enforcement enhancements. Executive action considerations: While fees of this magnitude generally require Congressional legislation, executive branch agencies have the authority to adjust certain fee levels through rulemaking. USCIS has raised its standard filing fees through the regulatory process in recent years. Current status: As of this writing, the $100,000 visa integrity fee has not been enacted into law. It remains a proposal that may be included in future immigration legislation. Employers should monitor Congressional activity and USCIS fee schedule updates for any changes. How the Proposed Fee Differs from Existing H-1B Fees To understand the magnitude of the proposed $100K fee, it helps to compare it with the current H-1B fee structure: Fee Current Amount (Approx.) Base filing fee (I-129) $780 (varies by employer size) ACWIA training fee $750 (small employers)