Project Firewall & the $100,000 H-1B Fee: What We Know and What We Don’t

On September 19, 2025, the Trump administration issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” That proclamation introduced a $100,000 fee for certain H-1B visa applications. At the same time, the Department of Labor announced Project Firewall, a new enforcement initiative focused on preventing misuse of the H-1B program.

Project Firewall is aimed at investigating wage underpayment, misrepresentation of job duties or worksites, fraudulent Labor Condition Applications, and situations where employers may be displacing U.S. workers. Employers found in violation could face back wages, civil penalties, and even temporary bans from using the H-1B program.

What We Know So Far

The $100,000 fee appears to apply only to new H-1B applications for individuals outside of the United States. It does not apply to current visa holders, nor to those renewing existing visas.

Officials have also confirmed that this is a one-time fee tied to the petition, not an annual recurring charge.

The proclamation also references the possibility of waivers in the “national interest.” These waivers have been announced, but no criteria or application method has been announced thus far.

There is no retroactive enforcement. The fee applies only going forward from the effective date of the proclamation.

What This Could Mean for Employers and Workers

Employers with new H-1B petitions for workers outside of the U.S. are likely to face significantly increased costs if the fee is implemented as written. For some, this may lead to delays or adjustments in hiring plans until there is greater clarity.

With Project Firewall now in place, employers should also prepare for more active audits and closer oversight of H-1B compliance, particularly around wages, job duties, and worksite locations. This new layer of enforcement makes it all the more important for employers to review their filings and documentation carefully.

What to Watch For

Several areas remain uncertain:

• Further guidance from USCIS, the Department of Labor, or DHS clarifying exactly which petitions will be subject to the fee.
• Details on how the “national interest” waiver process will work, and which industries or roles might qualify.
• How Project Firewall will be implemented in practice — what will trigger an investigation and what employers will need to show in order to remain in compliance.

Final Thoughts

While much about the fee and Project Firewall remains unsettled, one thing is clear: employers should be prepared for higher costs and greater scrutiny when hiring foreign workers through the H-1B program. Careful compliance and strong documentation are more important than ever.

If you have questions about whether the $100,000 fee or Project Firewall might impact your organization, contact us for an evaluation of your situation.