Earlier this month, we shared a detailed blog explaining the September 21, 2025, Presidential Proclamation introducing a $100,000 fee for certain H-1B visa petitions. Since then, the administration has released additional guidance clarifying who is subject to the fee, how to pay it, and the exceptions available. Here’s what you need to know in this updated landscape.
What Has Changed?
The recent proclamation, issued on September 19, 2025, emphasizes that new H-1B petitions filed on or after 12:01 a.m. Eastern Daylight Time (EDT) on September 21, 2025, must include a $100,000 payment as a condition of eligibility. This applies primarily to beneficiaries outside the United States who do not hold a valid H-1B visa and to certain petitions requesting consular notification, port-of-entry notification, or pre-flight inspection.
It also applies in limited cases of change of status, amendment, or extension petitions, if USCIS determines that the beneficiary is ineligible for a change of status or departs the U.S. before adjudication.
Who Is Exempt?
The proclamation confirms several important exemptions:
- Current H-1B visa holders and petitions filed before September 21, 2025.
- Amendments, extensions, or changes of status for beneficiaries already inside the U.S. and approved.
- Individuals applying for a change of status from within the United States, such as F-1 to H-1B, provided they do not depart the U.S. during the adjudication process.
- H-1B visa holders re-entering the U.S. with a valid visa stamp.
- Petitions filed by nonprofit research organizations, institutions of higher education, and their affiliated nonprofit entities.
- Requests for concurrent employment where the employee already holds a valid H-1B status.
It’s important to note that the Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. Eastern Daylight Time on September 21, 2025.
How to Pay the $100,000 H-1B Fee
Petitioners must submit the required $100,000 payment using pay.gov, following the instructions provided on the site. Payment must be made prior to filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without a copy of the proof of payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.
Exceptions Granted by the Secretary of Homeland Security
Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in extraordinarily rare circumstances where the Secretary has determined that:
- A particular alien worker’s presence in the United States as an H-1B worker is in the national interest.
- No American worker is available to fill the role.
- The alien worker does not pose a threat to the security or welfare of the United States.
- Requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.
Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to [email protected].
Impact on Employers and Applicants
The introduction of this substantial fee has significant implications for employers and prospective H-1B applicants. Employers may need to reconsider their hiring strategies and budget allocations, while applicants should be prepared for the additional financial requirement. It’s advisable for both parties to consult with immigration attorneys to navigate the complexities of this new policy effectively.
Wrapping Up
The $100,000 H-1B fee represents a major shift in U.S. immigration policy, particularly affecting new applicants and certain change-of-status petitions. While exemptions exist, understanding the nuances of this policy is crucial for employers and applicants alike. Staying informed and seeking professional guidance will be essential in adapting to these changes and ensuring compliance with the new regulations.
