Is the $100,000 H-1B fee one-time or annual?

It is a one-time payment that must accompany any new H-1B petition filed after 12:01 a.m. EDT on September 21, 2025. It does not apply to renewals, extensions, or petitions filed before that time.

When did the new H-1B $100,000 fee take effect?

The effective time is 12:01 a.m. Eastern Daylight Time on September 21, 2025, as stated in the Presidential Proclamation and follow-on agency guidance.

Who is impacted by the new H-1B fee requirement?

It applies to new H-1B petitions, primarily affecting candidates outside the United States seeking entry. Agencies verify that the employer made the payment as part of adjudication.

When will the restriction end?

The Proclamation states the restriction lasts 12 months from the effective date unless extended by the Administration. Companies should monitor DHS/USCIS updates.

Are there waivers or exceptions?

Yes. National-interest exceptions may be granted at the Department of Homeland Security’s discretion, with interagency coordination during implementation.

How can we keep US marketing on track without H-1B sponsorship?

Engage EMEA-based leadership as a fast alternative: an Executive Growth Audit to prioritize the next 90 days, then a YouTube+CTV Lift Architect or an Experimentation & Incrementality PMO retainer. These options deliver CFO-ready decisions while hiring plans reset.

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Marketing Talent and the New $100k H-1B Fee

How US Companies Can Fill Leadership Gaps Fast with EMEA-Based Fractional & Interim Talent

Last updated: September 24, 2025 – Not legal advice.

TL;DR

On September 19, 2025, the White House issued a Proclamation that requires a $100,000 payment to accompany any new H-1B petition filed after 12:01 a.m. EDT on September 21, 2025.
USCIS has clarified this is a one-time payment (not a renewal fee) and does not apply to petitions filed before that time or to existing H-1B holders. The measure lasts 12 months unless extended and primarily impacts candidates outside the US.
Expect many firms to pause US sponsorship and shift to remote EMEA leadership: fractional C-level and interim leads who can start next week while you reassess hiring plans.

What changed (and why it matters for go-to-market teams)

Policy: Entry as H-1B is restricted unless the filing employer has made a $100,000 payment with the petition; agencies must verify payment and deny entry where payment isn’t made. The policy took effect at 12:01 a.m. EDT on Sept 21, 2025 and, absent extension, expires 12 months later.
Clarified by USCIS: The fee applies to new petitions only (including future lotteries), does not apply to renewals/extensions, and does not affect petitions submitted before the effective time.
Scope & exceptions: The Proclamation focuses on workers currently outside the US; national-interest exceptions may be granted at DHS discretion. Expect DOL and DHS rulemaking to raise prevailing wages and prioritize higher-paid, higher-skill cases.

Why you care now: Analysts and major outlets expect material slowdowns in H-1B authorizations and sector strain (healthcare, tech), pushing companies to re-route leadership needs to remote talent.

Fast alternatives to US sponsorship (that don’t stall your quarter)

Option A: EMEA-Based Fractional CMO / Interim Marketing Leader (remote, US time-zone overlap)

Spin up executive-level leadership for 90–120 days while you resize plans. Typical cadence: 2–3 days/week, weekly exec reviews, and a quarterly reallocation memo Finance can defend.

Where this shines:

You paused US hiring due to the $100k H-1B fee and need a decision-maker now.
You must ship paid media campaigns, YouTube/CTV brand lift, marketing experiments, incrementality tests, MMM governance, or AI in Marketing Enablement – without ramping a US hire.

Starter path: Book an Executive Growth Audit (2 weeks) → choose Lift Architect or Experimentation & Incrementality PMO for Q4 outcomes.

Cost, speed, and compliance (executive summary)

Speed: Fractional/interim leaders can start in days, not months.
Compliance routes: Direct B2B contractor or EOR (Employer of Record). (Get legal/tax counsel for your state/country specifics.)
Coverage: EMEA overlaps 4–8 hours with US mornings; on-site travel is ad-hoc.

What I deliver in the first 90 days

AI enablement playbooks and guardrails (hours saved, outputs shipped)

CFO-grade plan (budget reallocation rules; lift/MMM calibration)

Test & learn cadence (geo + A/B governance, pass/fail thresholds)

YouTube/CTV Lift design and readouts with finance-visible outcomes
Paid Search profit architecture (value-based bidding blueprint; PMAX guardrails)
AI Search visibility map (entity/schema strategy; AO presence tracking)

Frequently Asked Questions (H-1B $100k fee & hiring alternatives)

One-time, due with any new H-1B petition filed after 12:01 a.m. EDT on Sept 21, 2025. It does not apply to renewals, extensions, or petitions filed before that time.

USCIS guidance indicates the new payment requirement targets new petitions; existing visa holders and prior filings are not subject to the new payment. Always check your counsel on edge cases.

Candidates outside the US pursuing new H-1B petitions. Consular officers and DHS must verify the employer payment as part of adjudication.

The Proclamation states the restriction expires 12 months after the effective date unless extended by the Administration. Monitor DHS/USCIS updates.

Yes: national-interest exceptions are possible at the Secretary of Homeland Security’s discretion; agencies have been directed to coordinate implementation and verification.

The Presidential Proclamation (White House), USCIS FAQ, and State Department/consular guidance. For context and analysis, reputable legal alerts and mainstream coverage are also useful in internal memos.

Use EMEA-based leadership: hire an EMEA Fractional CMO or a full-time EMEA Interim Marketing Lead.

For internal memos: exact language Finance & Legal will ask for

“Effective 12:01 a.m. EDT on Sept 21, 2025, new H-1B petitions must include a $100,000 payment, verified by DHS/State during adjudication; restriction expires 12 months after the effective date unless extended.”
“USCIS clarifies this fee is one-time for new petitions; it does not apply to renewals/extensions or filings submitted before the effective time.”

Implementation checklist (what to do this week)

Freeze new H-1B sponsorship decisions pending legal review; log who is affected.
Backfill leadership remotely: commission an Executive Growth Audit → pick Lift Architect or Experimentation & Incrementality PMO for Q4.
Communicate the one-time nature of the fee and the 12-month window to stakeholders; link to the USCIS FAQ and White House Proclamation.
Plan contingencies: If the measure extends, scope EMEA fractional or EMEA interim for 2–3 quarters.

Sources & further reading

Presidential Proclamation: Restriction on Entry of Certain Nonimmigrant Workers (White House), Sept 19, 2025.
USCIS: H-1B FAQ (Release date Sept 21, 2025).
US Dept. of State: Visa News summary (consular guidance).
Legal analyses (Fisher Phillips; BakerHostetler; J.W. Law).
Impact coverage (JPMorgan estimates; physician-shortage concerns).

Need an interim leader while H-1B plans reset?
Book an Executive Growth Audit