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

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

• Any previously issued and currently valid H-1B visas, or any H-1B visa petitions submitted prior to 12:01a.m. EST 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 12:01a.m. EST 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 that is granted

• The petition requests an extension of stay that is granted

• 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 12:01a.m. EST 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. 

  
  

Also, it is possible that USCIS's guidance may be interpreted as extending to the situation where the beneficiary travels before approval of a petition requesting extension or amendment of H-1B status, and does not have a valid visa.

For USCIS's guidance, please see:

• https://www.uscis.gov/newsroom/alerts/presidential-proclamation-on-restriction-on-entry-of-certain-nonimmigrant-workers

• https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations.

For information on lawsuits filed against the Proclamation, please see:

• https://www.jackson-hertogs.com/post/u-s-chamber-of-commerce-files-2nd-lawsuit-against-the-100k-h-1b-proclamation

• https://www.jackson-hertogs.com/post/complaint-filed-against-100k-h-1b-proclamation.

For our prior posts on the Proclamation establishing the $100,000 fee, please see:

• https://www.jackson-hertogs.com/post/h-1b-travel-ban-day-one

• https://www.jackson-hertogs.com/post/h-1b-travel-ban-day-two