H-1B $100,000 Fee and Wage-Priority Plan: What Korean Firms and Talent Need to Know Right Now

The new $100,000 H-1B fee for new petitions and a revived wage-priority selection plan are reshaping the U.S. skilled-worker pipeline. Here's the practical impact for Korean companies, students, and visa holders.

The U.S. has moved fast to remake how employers bring in high-skilled workers. Over the weekend, U.S. Citizenship and Immigration Services (USCIS) clarified that a one-time $100,000 fee applies to new H-1B petitions filed on or after Sept. 21, 2025, while extensions/renewals are not included. The agency's updated FAQ also stresses timing: filings submitted before the effective time are under prior rules; anything after must include the payment.

Banks and consultancies that rely on global tech and quant talent are bracing for near-term friction. Reuters reports that finance firms could feel an outsized hit compared with cash-rich tech giants, potentially pushing more roles to Canada or offshore hubs.

Economists are already modeling the fallout. JPMorgan estimates the $100k charge could trim as many as 5,500 work authorizations per month, implying a materially smaller annual intake of new H-1B workers. That would tighten campus recruiting and raise the bar for first-time sponsorships.

At the same time, DHS has revived a wage-priority selection proposal: applications offering higher wages (by OES wage level or equivalent) would rank ahead of lower-paid roles during selection. The notice outlines a points-style weighting, with higher pay bands scoring more. If finalized as proposed, this would shift selection odds toward senior and niche roles and away from lower-paid entry positions. (Public comments are invited before the rule is finalized.)

What this means for Korean employers

-Budgeting & headcount: For net-new hires from abroad, model an additional $100,000 per petition on top of legal/government fees. That pushes many entry-level roles above internal thresholds and could make in-country transfers (no consular entry) or OPT→H-1B changes relatively more attractive where permitted. (USCIS guidance: fee is for new petitions; extensions not covered.)

-Role design & pay bands: If the wage-priority rule lands as drafted, upgrade compensation bands and job codes for critical roles so they qualify in higher wage tiers during selection.

-Location strategy: With Canada signaling it will court displaced talent, firms may see pressure to expand Toronto/Vancouver engineering pods rather than absorb the fee repeatedly in the U.S. market.

-Sector nuance: Finance/consulting may feel the sharpest near-term effect; product tech firms with deeper margins can selectively shoulder the surcharge for must-fill roles.

What this means for Korean students & early-career talent in the U.S.

-New filings costlier; status changes matter: For graduates planning an H-1B after OPT, the key distinction is whether your case is a "new petition." USCIS says the $100k applies to new H-1Bs filed on/after Sept. 21; it does not apply to routine extensions. Coordinate closely with counsel on timing and case type.

-Competition shifts upmarket: If wage-priority selection is adopted, offers at higher wage levels will have better selection odds. That nudges candidates to negotiate stronger salary bands and aim for roles mapped to higher OES levels.

-Fewer first-time opportunities: The JPMorgan projection of ~5,500 fewer permits per month suggests fewer entry points for brand-new H-1Bs-especially from overseas-until employers rework pipelines.

Practical next steps (checklist)

-Audit fall/winter hiring plans for any new H-1B needs; quantify the $100k impact per role and consider alternatives (TN, E-2, L-1 where eligible).

-Re-tier compensation for mission-critical roles in anticipation of wage-priority selection.

-Prioritize in-country candidates (e.g., F-1/OPT) where case posture avoids the new fee-confirm with counsel on a case-by-case basis.

-Expand Canada/EU options as relief valves; bankers already view Canada as a near-term beneficiary.

-Communicate with stakeholders (HR/finance/execs) about timing: petitions filed before the effective timestamp followed the old fee structure; after that, the $100k applies to new cases.

What's still fluid

-Final shape of the wage-priority rule. The proposal can change after public comments. Watch DHS's final text for the wage data sources and how occupations are mapped.

-Court calendar. Employer groups could sue over the surcharge or the rollout. If they do, timelines may slip or specific provisions may be revised.