An H-1B worker is a foreign national authorized to work temporarily in the United States in a qualifying specialty occupation. Eligibility depends on the position, the individual's qualifications, and applicable H-1B requirements.

The payment requirement does not itself eliminate the existing H-1B cap structure. Certain employers and positions may continue to qualify for cap-exempt treatment under applicable immigration rules.

Employers should assess the petition type, candidate circumstances, and current government guidance when determining whether the additional payment requirement applies.

H-1B employers must address applicable wage requirements through the Labor Condition Application process. Compensation therefore remains an important component of H-1B workforce planning.

The September 2025 proclamation also directed the Department of Labor to pursue rulemaking concerning prevailing wage levels and directed DHS toward prioritizing higher-skilled and higher-paid workers.

US Citizenship and Immigration Services (USCIS) adjudicates H-1B petitions and determines whether petitions satisfy applicable immigration requirements.

Employers should maintain accurate employment, role, location, wage, and supporting documentation and be prepared to respond to additional government review when required.

The $100,000 H-1B payment requirement originated in a presidential proclamation issued by the White House on September 19, 2025. Implementation involves federal agencies including USCIS, the Department of Homeland Security, the Department of State, and the Department of Labor.

USCIS stated that the September 2025 proclamation applies prospectively. It does not apply to beneficiaries of petitions filed before the effective date, beneficiaries of currently approved petitions, or individuals holding validly issued H-1B visas.

Employers should still review the circumstances of individual cases because subsequent petitions or immigration actions may involve different requirements.

Depending on nationality, qualifications, role, employer structure, and other circumstances, potential alternatives can include O-1, L-1, TN, E-3, H-1B1, E-1/E-2, OPT-related pathways, or employment-based permanent residence options.

Another option is employing the individual in another country through an appropriate local structure or Employer of Record while evaluating longer-term relocation plans.

A National Interest Waiver is an employment-based permanent residence pathway generally associated with the EB-2 category. Eligible individuals may request that certain standard job-offer and labor-certification requirements be waived when the applicable national-interest criteria are satisfied.

Eligibility is case-specific and should be assessed with qualified immigration counsel.

Before filing most H-1B petitions, employers must obtain certification of a Labor Condition Application from the Department of Labor.

The LCA includes employer attestations concerning matters such as required wages and working conditions. Employers should ensure that the information remains consistent with the employment arrangement and applicable H-1B requirements.

Yes. If a role can be performed internationally, an Employer of Record can provide a way to employ talent in a country where your organization does not have its own employing entity.

Komp supports EOR and connected global workforce operations across 150+ countries, helping organizations manage international employment, payroll, compliance, and workforce information while preserving the option to evaluate relocation later.

Nearshoring involves building teams in countries geographically or operationally close to the organization's primary market. For US companies, this can include talent markets across Latin America and other nearby regions.

It can be useful when organizations need specialized skills, greater time-zone overlap, or an international workforce strategy that does not depend on immediate US visa sponsorship.

Government compliance reviews can require employers to demonstrate that the employment arrangement matches information provided in immigration filings.

Maintaining accurate role descriptions, work locations, wage information, LCAs, payroll records, and supporting documentation can help organizations remain prepared for regulatory review.

An advanced degree may be relevant to specialty-occupation eligibility and certain H-1B cap considerations. For example, US immigration law provides a separate cap exemption for up to 20,000 qualifying beneficiaries who have earned a master's degree or higher from an eligible US institution.

However, degree qualifications should be evaluated separately from any additional petition payment requirements.

Potentially. Depending on the candidate, position, employer, qualifications, and long-term workforce plans, employment-based permanent residence options may be available without first relying on H-1B status.

Organizations may evaluate PERM-based sponsorship or categories such as EB-1 and EB-2 National Interest Waiver with qualified immigration counsel to determine the most appropriate pathway.