USCIS Clarifies the $100,000 H-1B Fee

On October 20, 2025, USCIS clarified that the new $100,000 fee does not apply to: 

• Any previously issued and currently valid H-1B visas, or any H-1B visa petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025 

• Any holder of a current H-1B visa, or any alien beneficiary following petition approval, who travels in and out of the United States. 

  
  

The guidance further clarifies that the new $100,000 fee does not apply to individuals in the United States who have an H-1B petition filed on their behalf on or after 12:01 a.m. eastern daylight time on September 21, 2025 in the following circumstances: 

• The petition requests an amendment due to material change to existing terms 

• The petition requests a change of status 

• The petition requests an extension of stay  

• Beneficiaries seeking to reenter the United States on a current H-1B visa 

• Beneficiaries of an approved H-1B petition that subsequently depart from the United States and apply for a visa based on the approved petition  

  
  

However, the $100,000 does apply if USCIS denies an H-1B petition request to change status or amend or extend a period of H-1B stay (e.g., the USCIS finds that the H-1B beneficiary failed to maintain nonimmigrant visa status, or if the H-1B beneficiary departs the United States prior to adjudication of a change of status request). 

Thus, the $100,000 fee appears to apply to new H-1B petitions filed after 12:01 a.m. eastern daylight time on September 21, 2025 in the following circumstances: 

• The H-1B beneficiaries are outside the United States and have no valid H-1B visa 

• The H-1B visa petition requests consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the United States.