Latest USCIS Guidance on the $100,000 Fee for Certain H-1Bs

On October 20, 2025, USCIS posted additional guidance on the new one-time $100,000 fee for certain H-1B petitions filed on or after September 21, 2025, as imposed by President Trump’s recent proclamation.   Who must pay the $100,000 fee: 

• A petitioner, after September 21, 2025, filing a new H-1B petition for a beneficiary outside the U.S. who does not already have a valid H-1B visa. 
• A petitioner, after September 21, 2025, requesting notification of a U.S. consulate, port of entry, or pre-flight inspection. 
• A petitioner, after September 21, 2025, requesting an H-1B amendment, change, or extension of status on behalf of a beneficiary inside the U.S. where USCIS determines that the beneficiary does qualify for H-1B status but is not eligible for an amendment, change, or extension (e.g., because of invalid status or departure from the U.S. while the petition is pending). 

Who is not subject to the $100,000 fee: 

• Any H-1B petitions filed before September 21, 2025 (the date the proclamation was issued). 
• H-1B workers in possession of a previously issued and currently valid H-1B visa can travel and re-enter the U.S. without triggering the fee. 
• Any petitioner filing a new H-1B petition after September 21, 2025, requesting approval for H-1B amendment, change to H-1B status, or H-1B extension on behalf of beneficiaries inside the U.S. 

Note: Once an H-1B petition for amendment, change of status, or extension of status is approved, the H-1B beneficiary can subsequently leave the U.S. and return with a new H-1B visa without becoming subject to the new fee.  How and when to pay:  H-1B petitions subject to the fee must be submitted with proof of payment. This means the $100,000 fee must be paid by the petitioner in advance of filing, using this form on pay.gov. According to the form, the $100,000 fee will be fully refunded if an H-1B petition is not approved.  Exceptions  USCIS states that exceptions to the $100,000 fee requirement will be “extraordinarily rare” and require the Secretary of Homeland Security, Kristi Noem, to determine that: 

• The particular worker’s presence in the U.S. as an H-1B worker is in the national interest;
• No American worker is available to fill the role; 
• The worker does not pose a threat to the security or welfare of the U.S.; and 
• Requiring the employer to make the payment would significantly undermine the interests of the U.S. 

Requests for exceptions must be sent to H1BExceptions@dhs.gov., along with supporting evidence.  There are currently two lawsuits in federal court challenging the fee’s legality, so a judge may either temporarily pause or permanently prohibit collection of the fee. However, in the meantime, payment of the new H-1B fee is required where applicable. We will continue to monitor the situation and share relevant updates.