On September 19, 2025, the United States announced a new requirement: a $100,000 payment tied specifically to H-1B petitions and entries. Major outlets and the White House published the details, with immediate impact on employers and workers.
The fastest, lawful way to avoid paying this fee is to stop using H-1B for affected roles and continue those roles from India under a compliant Employer of Record model. Elatre operates a 72-hour EOR pathway in India that keeps teams productive without U.S. filing exposure.
Strategy 1: Move the role off H-1B and keep it working from India under an Employer of Record
What this does
Your employee works from India under Elatre as the legal employer in India. You direct day-to-day work. We run payroll, contracts, and statutory filings, so you avoid the H-1B petition or entry that triggers the $100,000 payment.
Why this avoids the fee
The White House text and contemporaneous reporting describe the $100,000 requirement as specific to H-1B petitions and entries. If you do not file or rely on H-1B, the payment does not arise.
How we implement in as little as 72 hours
Elatre publicly documents a 72-hour onboarding target for straightforward cases, subject to quick verification and signed paperwork.
India compliance we operate
- EPFO Provident Fund registration and contributions when thresholds apply, with online filing via EPFO.
- ESIC registration where wage bands and notified areas apply, with the statutory wage ceiling referenced in ESIC guidance.
- Data handling aligned to India’s Digital Personal Data Protection Act, 2023.
| Option | Time to implement | First-year direct fee exposure | Compliance complexity | Business continuity | Best for |
|---|---|---|---|---|---|
| India EOR with Elatre | 2 to 5 days for straightforward cases | No H-1B fee | We handle EPFO, ESIC where applicable, payroll, contracts, DPDP alignment | High, employee continues work from India | Retain current Indian employees or hire in India fast |
| Keep H-1B and pay fee | Weeks to months | $100,000 per worker per year, plus normal legal costs | U.S. immigration filings, travel risk | Medium, subject to policy and litigation | Narrow cases where role must be U.S.-based immediately |
| Open your own India entity | 2 to 6 months | No H-1B fee | Full in-house registrations and ongoing compliance | Medium, slower start | Long-term headcount scale |
| Nearshore hiring in Canada or Mexico | 2 to 8 weeks | No H-1B fee | Country-specific HR, tax, data rules | Medium to high | Time zone alignment without U.S. filings |
Strategy 2: Short-term status management if someone already holds H-1B
Why this matters
The proclamation text and legal alerts describe restrictions on H-1B entries or petition decisions not accompanied by the $100,000 payment starting around September 21. Immediate steps can reduce sudden travel risk, although they do not eliminate fee exposure for future filings.
Immediate checklist
- Freeze non-essential international travel for H-1B staff while counsel reviews the proclamation and any court orders.
- If work can continue from India, shift to EOR to remove ongoing H-1B filing dependence.
- Communicate clearly with clients and teams about continuity plans.
Strategy 3: Consider a different U.S. visa where eligible
The $100,000 requirement is written for H-1B. Other categories have their own standards and fees. Examples include L-1 for intracompany transfers, O-1 for extraordinary ability, and TN for Canadian and Mexican professionals. Each has strict criteria. These options can avoid the H-1B-specific payment but require careful eligibility analysis.
How Elatre’s 72-hour EOR pathway works
| Step | What we do | What you do |
|---|---|---|
| 1. Strategy call | Confirm roles, locations, security needs, and payroll cutoffs | Share role details, compensation, start date |
| 2. Contracts and KYC | Issue compliant Indian employment contracts and collect IDs | Approve terms and provide employee docs |
| 3. Payroll setup | Register for applicable statutory programs, enroll benefits, set calendar | Fund payroll and employer costs |
| 4. Go live | Employee continues work from India, you manage daily tasks | Manage work, we handle employment |
Cost model transparency
Elatre’s fee starts from $699 per employee per month. Your total monthly cost equals salary, statutory contributions where applicable, plus the Elatre fee. We provide a written breakdown before you sign.
Governance, security, and tax notes
- EOR definition and role. An Employer of Record is the legal employer that runs payroll, contracts, and compliance while you direct the work. This is a recognized model for cross-border teams.
- Permanent establishment caution. EOR reduces entity setup needs but does not automatically eliminate permanent establishment risk. Use OECD concepts and your tax counsel to set boundaries.
- India data protection. Align processing with the Digital Personal Data Protection Act, 2023 and rules. We do this in our standard operating model.
Executive worksheet: which path fits your role
| Question | If “yes,” lean to | Notes |
|---|---|---|
| Can the role operate from India without harming delivery | India EOR | Avoids the H-1B payment immediately |
| Is the person eligible for L-1, O-1, or TN | Alternative visa | Not subject to the H-1B-specific payment, strict eligibility applies |
| Do you need long-term India presence with many hires | Own entity later | Start with EOR, migrate when headcount justifies |
| Do you need a physical, secure office in India | India EOR with managed office | We can place staff in a managed office in Chennai for secure desks and connectivity |
Ready to avoid the US$100,000 H-1B fee?
Speak with our founder for 15 minutes, get a written plan and cost breakdown today, and move to compliant India EOR in as little as 72 hours.
Frequently Asked Questions
Q1. How can my company avoid the $100,000 H-1B fee?
Answer: Do not file or rely on H-1B for that role. Keep the employee working from India under a compliant Employer of Record so there is no H-1B petition or entry to trigger the payment. Elatre provides a documented 72-hour India EOR pathway.
Q2. Is the $100,000 requirement only for H-1B?
Answer: Yes, as written, it targets H-1B petitions and entries. Alternative categories like L-1, O-1, and TN have separate criteria and fee schedules.
Q3. What is the fastest compliant alternative to paying the H-1B fee?
Answer: Shift the role to India under an Employer of Record. Elatre handles payroll, contracts, EPFO or ESIC where applicable, and DPDP alignment so the employee continues without disruption.
Q4. Can we keep current H-1B staff without paying right now?
Answer: The proclamation and legal summaries describe restrictions on entries or petition decisions not accompanied by the payment starting around September 21. Freeze non-essential international travel while counsel reviews your specific cases, and transition roles that can work from India to an EOR.
Q5. What will Elatre cost compared with the fee?
Answer: Our starting fee is from $699 per employee per month, plus salary and required statutory contributions. This avoids the $100,000 H-1B payment and keeps work going. We provide a written cost breakdown before you sign.
