The US Citizenship and Immigration Services (USCIS) released updated guidance clarifying the implementation of the $100,000 H-1B visa fee, following a presidential proclamation issued on September 19. The guidance addresses who is responsible for paying the fee, the circumstances in which it applies, and how employers may apply for rare exceptions.
Presidential proclamation and fee overview
The September 19 proclamation imposed a $100,000 fee on certain H-1B visa petitions, sparking confusion among employers. H-1B visas are often the primary pathway for high-skilled foreign nationals to work long-term in the United States.
USCIS clarified through its release on October 20: “The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” according to USCIS. “The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”
Change of status clarified
USCIS stated that the fee does not apply to petitions involving a change of status inside the US.
USCIS guidance states, “The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.”
When employers must pay
The guidance also clarifies situations where the $100,000 fee becomes applicable, particularly if the change of status or extension is denied.
“In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS,” the guidance reads.
USCIS emphasized that the fee does not apply to holders of currently valid H-1B visas or to petitions submitted prior to September 21, 2025.
“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,” USCIS stated.
How to pay $100,000 fee
Employers are instructed to submit the fee via the federal payment portal.
USCIS stated: “Petitioners should submit the required $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176
Rare exceptions to the fee
USCIS confirmed that exceptions are extremely limited and can only be granted by the Secretary of Homeland Security under extraordinary circumstances.
“Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance 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, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that 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 H1BExceptions@hq.dhs.gov,” the guidance reads.
Employers who believe their worker meets this high threshold may request an exception by submitting evidence to: H1BExceptions@hq.dhs.gov
Key takeaways for employers
-$100,000 fee applies only to new petitions filed after September 21, 2025, for beneficiaries outside the US.
-Change-of-status petitions inside the US are generally exempt unless denied.
-Current H-1B visa holders are not affected.
-Rare exceptions can be requested through the Secretary of Homeland Security.
-Fee payments must be made through pay.gov.
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