On October 21, 2025, USCIS provided updates on the $100,000 H-1B fee announced by the September 19, 2025 Presidential Proclamation. The following are the main points:
Effective date & trigger: A Presidential Proclamation (signed September 19, 2025) requires an additional $100,000 payment for certain H-1B petitions filed on/after 12:01 a.m. EDT, September 21, 2025. The payment is a condition of eligibility.
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Who is subject to the new Fee: New H-1B petitions filed on/after the effective time for beneficiaries outside the U.S. who do not have a valid H-1B visa must include the $100,000 payment. Petitions filed with consular notification (or POE/pre-flight notification) are also covered.
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Petitions found ineligible for change of Status / extension are also covered: If a petition filed on/after the effective time seeks change of status (COS), amendment, or extension but USCIS finds the person ineligible for that benefit (e.g., not in valid status or departs before adjudication), the Proclamation applies and the $100,000 must be paid per USCIS instructions.
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What H-1B petitions are NOT covered:
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Previously issued, valid H-1B visas and petitions filed before 12:01 a.m. EDT on September 21, 2025 are not subject.
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Petitions filed on/after the effective time that request an amendment/COS/extension for an individual inside the U.S. are not subject if USCIS grants the amendment / COS / extension.
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If that beneficiary later travels and applies for a visa or reenters on the approved petition/current visa, they are not treated as subject to the payment.
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How to pay: Petitioners must pay via https://www.pay.gov/public/form/start/1772005176 and follow the instructions on that site.
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When to pay / filing mechanics: Before filing with USCIS, petitioners must have proof of a scheduled payment from pay.gov or written evidence of an exception from DHS. If required and missing, USCIS will deny the petition.
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Exceptions (extraordinarily rare): The Secretary of Homeland Security may grant an exception only if all are true: (1) the worker’s presence as an H-1B is in the national interest, (2) no U.S. worker is available, (3) the person does not pose a security/welfare threat, and (4) requiring the payment would significantly undermine U.S. interests. Employers may email a request with evidence to H1BExceptions@hq.dhs.gov. Expect a very high bar for exceptions to be granted.
Tips for Employers and Employees
1) “Who pays?” and compliance posture
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The $100,000 is a government-mandated condition tied to petition eligibility and—per USCIS guidance—borne by the employer. Passing the fee to the worker would likely conflict with H-1B worker-protection rules and invite enforcement risk.
2) Choose COS/extension (inside U.S.) over consular where possible
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If the beneficiary is already in the U.S. and eligible, file COS/extension and avoid consular processing; approved in-country amend/COS/extension petitions are not subject to the fee. Conversely, consular-notification filings are subject.
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Travel caution: If you file COS and the beneficiary leaves before approval, USCIS may deem COS ineligible, which triggers the Proclamation and fee requirement later. Delay any international travel until approval.
3) Evidence at filing
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Treat the pay.gov receipt/scheduling proof as mandatory initial evidence for any petition that could be deemed subject (e.g., consular). Build steps into your checklists when preparing H-1B petitions.
4) Beneficiaries abroad and current visa holders
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Current valid H-1B visa holders or those with petitions filed before September 21, 2025 are not subject and may travel (CBP/State guidance says the restriction concerns new petitions after the effective time). Nonetheless, it is advisable to reduce discretionary travel until agency practices stabilize.
5) One-year horizon & policy spillovers
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The Proclamation’s entry restriction tied to the $100,000 payment is slated to last 12 months from September 21, 2025 (to September 20, 2026) unless extended. The same Proclamation directs DOL to launch rulemaking to revise prevailing wage levels and DHS to reprioritize high-paid/high-skilled admissions—expect additional regulatory changes that could further raise costs or reshape selection criteria.
6) Exception requests (when to consider)
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Reserve for mission-critical cases where you can credibly show national interest, no available U.S. worker, no security risk, and that the fee would significantly undermine U.S. interests (e.g., urgent public-health, critical infrastructure, or national-security projects).
7) Guidance for workers
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If you’re inside the U.S., avoid international travel until your COS/extension is approved (leaving early can flip you into a fee-subject situation).
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If you’re outside the U.S. without a valid H-1B visa, expect your employer to decide whether to proceed with a new, fee-subject petition or to defer hiring.
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If you already hold a valid H-1B visa and your petition pre-dates September 21, the fee rule does not apply to your travel, per current State/USCIS materials. Carry evidence (visa, approval notice) and be prepared for port-of-entry questions.
If you hold F-1 (student), J-1 (exchange visitor), L-1(company transferee) or other valid temporary visa status, you must try to maintain your status by all means. Failure to maintain legal status will likely subject any future H-1B petitions to the $100,000 fee.