U.S. Citizenship and Immigration Services (USCIS) has released guidance clarifying the implementation of the controversial $100,000 H-1B fee introduced by a presidential proclamation in September. According to the guidance published on October 20, 2025, the hefty fee applies only to new H-1B petitions filed on or after September 21, 2025, for individuals who are outside the United States and do not have a valid H-1B visa. Crucially, the fee is not required for many common H-1B filings. Specifically, petitions for extensions of stay, amendments to existing H-1B status, or changes of status (such as from an F-1 student visa to H-1B) are exempt from the $100,000 payment, provided the individual is in the United States. This clarification comes as a relief to many U.S. employers and H-1B workers who feared the fee would apply broadly, making it prohibitively expensive to hire or retain foreign talent. The fee must be paid through the pay.gov portal before the H-1B petition is filed with USCIS.
USCIS Clarifies $100,000 H-1B Fee: Who Pays and Who is Exempt - Immigration News 2025
USCIS has clarified that the new $100,000 H-1B fee only applies to new petitions for workers outside the U.S. without a valid visa, exempting extensions and changes of status.
What This Means for You:
- Key Point 1: The $100,000 fee is narrowly applied and does not affect most H-1B petitions for individuals already in the U.S.
- Who Should Be Concerned: U.S. employers seeking to hire new H-1B employees who are currently located outside the United States.
- Timeline for Action: This policy is currently in effect for petitions filed on or after September 21, 2025.
- Next Steps: Employers planning to file new H-1B petitions for overseas workers must first pay the fee via pay.gov. Consult with an immigration attorney to confirm if the fee applies to your specific case before filing.
Source: Americanimmigrationcouncil.org