White House Clarifies $100,000 H-1B Fee for New Petitions Only — What Korean Employers and Workers Should Do Now

WASHINGTON/SEOUL - The White House says the newly announced $100,000 charge tied to H-1B will apply to new petitions rather than to the installed base of current H-1B workers. The clarification comes after a confusing rollout that left employers and visa holders unsure whether the levy would be annual, whether it would affect extensions, and how it would interact with existing fees. With the focus now on first-time sponsorships, companies are reassessing budgets and hiring calendars heading into the fall filing season.

What Changed

Early descriptions of the policy led many to believe the fee might be charged annually across the board. The administration now emphasizes a per-petition approach aimed at new filings. That distinction matters: an annual tax would have upended the economics of the program; a petition-linked fee concentrates the impact on new cohorts entering the pipeline.

What This Means Right No

For new H-1B petitions, employers should plan headcount and budgets on the assumption that a six-figure charge could apply once implementation details are published. For current H-1B holders, routine extensions without material changes are expected to follow the existing fee schedule. Cases that ordinarily require a new Labor Condition Application-such as amendments for worksite or role changes, or transfers to a new employer-remain the gray area to watch until agencies spell out mechanics, timing, payee and any limited exemptions.

The Cost Stack in Context

Sponsoring an H-1B already involves significant expenses. In the last two years, the base filing fee for Form I-129 increased, premium processing rose to nearly three thousand dollars, and the cap registration fee was slated to climb for the next lottery season. Statutory surcharges-training fees, fraud prevention and, for some employers, additional assessments-sit on top. Adding a $100,000 petition-linked charge would transform a process measured in the tens of thousands into a six-figure decision for first-time sponsorships.

Korea Angle

Korean companies building factories, labs and service hubs in the United States-especially in EV batteries, semiconductors and clean energy-depend on a steady stream of engineers, trainers and project managers. A fee targeted at new petitions shifts the pressure to future deployments rather than the workforce already on site. Large manufacturers can absorb some costs but are likely to narrow the roles they sponsor, sequence noncritical transfers more slowly and lean harder on local recruiting. Sub-suppliers, universities and hospitals, which operate on tighter margins, face the sharpest constraints and may delay start dates or redirect work across borders.

Travel and Day-to-Day Operations

The administration's clarification indicates that current H-1B workers re-entering the United States are not the intended target of the new charge, reducing immediate anxiety around visa stamping trips and short-term assignments. Consular processing and ports of entry continue under normal authorities, although travelers should still build buffer days into itineraries as a practical safeguard. Employers are circulating internal memos advising staff to keep documentation in order and to coordinate travel dates closely with counsel and HR.

Practical Steps for the Next 30-60 Days

The first priority is to separate filings that can move under the status quo from those that may be newly exposed. Prepare complete packets for extensions that do not require a new LCA, and stage supporting documents so cases can be filed quickly when needed. Where new LCAs or prevailing wage requests are unavoidable, front-load the labor steps to reduce downstream surprises.

Finance teams should model per-hire scenarios with and without the $100,000 charge and refresh quarterly hiring plans. HR should publish a short onboarding note that explains how to proceed if any employment-verification systems or interagency dependencies slow down at month-end. Leadership teams should brief sub-suppliers and university partners so timelines remain aligned across projects.

Outlook

The clarification narrows the blast radius to new filings, but the policy still marks a step-change in U.S. talent planning. Until agencies publish implementing instructions-and unless courts intervene-employers should expect higher entry costs, slower noncritical transfers and a stronger push toward localization through the winter. For Korean firms and professionals, the most effective response is early planning: lock critical roles now, keep extensions on schedule, and reserve budget for targeted first-time sponsorships where on-site expertise cannot be substituted.