More details to this question:
I am currently on an H-1B visa and have been in the United States for the past 10 years. I am in the process of transitioning from my current employer to a new company. Recently, the HR at the prospective employer informed me that they are no longer processing H-1B transfers due to a newly introduced $100,000 policy. From my understanding, this policy applies only to new H-1B petitions and new applicants, not to existing H-1B holders like myself seeking a transfer. I would like guidance on how to clarify this situation with the employer and ensure that my H-1B transfer can proceed without being affected by this policy.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on or after September 21, 2025. Persons and companies doing H-1B transfers where the initial H-1B petitions were filed before September 21, 2025, are not subject to the fee. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 24th, 2025 at 2:41 PM