The U.S. Citizenship and Immigration Services (USCIS) has released new guidelines regarding the controversial $100,000 fee for certain new H-1B visa applications. This fee, introduced through a presidential proclamation on September 19, 2025, applies to petitions filed on or after September 21, 2025, for individuals outside the U.S. who don’t already hold a valid H-1B visa. It also applies when consular or border processing is requested.
Importantly, the fee does not apply to “change of status” cases, where foreign nationals already in the U.S. switch from another visa category to H-1B without leaving the country. Also exempt are amendments, status changes, or extensions filed for individuals inside the U.S. If approved, these individuals won’t be subject to the fee even if they travel and reenter the U.S. on a valid H-1B visa. However, the fee will still apply if USCIS denies the change or if the person leaves the U.S. during their application process.
USCIS has specified that the $100,000 fee should be paid online via pay.gov. Employers seeking an exception must prove that hiring the individual is in the national interest, no American worker is available for the job, the foreign worker does not pose a security threat, and paying the fee would harm U.S. interests. These exemptions are reserved for “extraordinarily rare” cases.
Employers can request these exceptions by emailing USCIS with supporting documentation. Though the new guidelines offer some clarity, many employers remain concerned about the fee’s impact and fairness.
