The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance to clear up confusion about the newly imposed $100,000 fee on certain H-1B visa petitions. This follows a presidential proclamation issued on September 19, 2025, which introduced the hefty fee.

What is the $100,000 H-1B visa fee?

The proclamation requires certain H-1B visa petitions to pay a $100,000 fee, primarily affecting high-skilled foreign workers applying to work in the United States. This fee has caused uncertainty among employers and applicants about when and who must pay it.

When does the fee apply?

According to the USCIS guidance released on October 20, 2025, the $100,000 fee applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025, for beneficiaries who:

  • Are outside the U.S. and do not have a valid H-1B visa.
  • Are inside the U.S. but the petition requests consular notification, port of entry notification, or pre-flight inspection.

When does the fee NOT apply?

USCIS clarified several important exceptions:

  • Petitions filed for change of status, extension, or amendment for workers already in the U.S. do not require this fee.
  • Holders of currently valid H-1B visas are exempt.
  • Petitions submitted before September 21, 2025, are not subject to the fee.

What if the change of status or extension is denied?

If USCIS denies a petition for change of status or extension, or if the worker leaves the U.S. before the petition is processed, the fee will then apply. Employers must pay the $100,000 fee in these cases.

How should employers pay the fee?

Employers must submit the payment through the federal government’s official payment portal, Pay.gov. The USCIS provides instructions and a direct link to the payment form for easy processing.

Are there any exceptions to this fee?

Exceptions are extremely rare and can only be granted by the Secretary of Homeland Security. To qualify, the employer must prove that:

  • The worker’s presence is in the national interest.
  • No American worker is available for the role.
  • The worker poses no security risk.
  • Requiring payment would harm U.S. interests.

Employers who believe their case meets these strict criteria can apply for an exemption by sending their request with supporting evidence to: H1BExceptions@hq.dhs.gov