A recent U.S. presidential proclamation has created a new and significant financial barrier for foreign professionals, including those from Kenya, hoping to work in the United States on an H-1B visa. As of September 21, 2025, many new H-1B petitions will require a $100,000 payment, a measure that adds to the already complex and costly application process.
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations, which are jobs that require a bachelor’s degree or higher in a specific field. For many Kenyans, the H-1B visa has been a key pathway to career advancement and earning higher salaries in the U.S.
To qualify, an applicant must have a bachelor’s degree (or its equivalent) that is directly related to the offered position. The U.S. employer must sponsor the visa and promise to pay the employee either the prevailing wage for that job in the specific location or the actual wage paid to other similar employees, whichever amount is higher. This is designed to prevent employers from undercutting American workers’ salaries.
The new proclamation, while set to expire in 12 months unless extended, introduces a substantial one-time payment for employers. This fee is distinct from and in addition to the standard filing fees. It specifically targets new petitions filed for workers who are currently outside the U.S. This means that a Kenyan professional applying for a new H-1B visa from their home country would be subject to this new cost.
This significant financial increase could deter some U.S. companies, especially smaller businesses, from sponsoring foreign talent. It may force employers to be more selective, prioritizing candidates for highly specialized or senior roles where the return on investment justifies the steep expense. This could make the job market even more competitive for prospective Kenyan employees.
H-1B visa fees (paid by the employer)
The total cost to an employer can vary widely but includes several fees in addition to the new $100,000 payment:
- Registration Fee: $215
- Base Filing Fee: $780
- American Competitiveness and Workforce Improvement Act (ACWIA) Training Fee: Ranging from $750 to $1,500, depending on the company’s size.
- Fraud Prevention and Detection Fee: $500
- Public Law 114-113 Fee: A $4,000 fee for certain employers with a high percentage of foreign workers.
- Asylum Program Fee: $300 or $600
- Premium Processing: An optional $2,805 fee to expedite the visa’s processing time.