USCIS Clarifies $100,000 H-1B Fee
On September 19, 2025, former President Donald J. Trump issued a proclamation imposing a $100,000 supplemental fee on certain new H-1B visa petitions filed with U.S. Citizenship and Immigration Services (USCIS). The measure, which took effect at 12:01 a.m. EDT on September 21, 2025, immediately generated widespread concern among employers, foreign workers, and immigration attorneys. On October 20, 2025, USCIS released new guidance clarifying who will be subject to this fee and identifying several important exemptions.
Key Points
- Scope of the $100,000 Fee:
- The supplemental fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who are not currently in valid H-1B status.
- New petitions mean any petition requesting consular/port of entry notification.
- This includes petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for beneficiaries who will obtain H-1B status abroad.
- Exemptions for U.S.-Based Change of Status or Extension:
- The fee does not apply to petitions seeking an amendment, change of status, or extension for individuals already inside the United States in valid non-immigrant status, provided the change or extension is granted.
- This exemption shields many F-1 students and L-1 transferees transitioning to H-1B status domestically.
- Existing H-1B Visa Holders Remain Unaffected:
- Individuals who already hold a valid H-1B visa issued before 12:01 a.m. EDT on September 21, 2025, are not subject to the fee.
- They may continue to travel and re-enter the U.S. without penalty, and petitions filed before the effective date remain unaffected.
- Payment Procedures and Limited Waiver Authority:
- Employers must submit payment through pay.gov before filing, and proof of payment or exemption must accompany the petition.
- In “extraordinarily rare” cases, the Secretary of Homeland Security may waive the fee if the employment is in the national interest, no U.S. worker is available, no security risk is posed, and the fee would harm U.S. interests.
- Economic and Legal Implications:
- The fee places a heavy financial burden on U.S. employers sponsoring foreign talent, particularly for roles filled by overseas professionals.
- Legal challenges have already been filed, most notably by the U.S. Chamber of Commerce, which argues that the fee violates statutory and administrative law. The outcome of these lawsuits could determine whether the policy survives long term.
The latest USCIS guidance provides much-needed clarity on the scope and implementation of the new $100,000 H-1B fee, narrowing its reach primarily to new hires outside the United States while exempting domestic status changes and existing visa holders. Still, the rule introduces unprecedented costs and administrative complexity for U.S. employers seeking global talent. With litigation ongoing and further adjustments possible, companies and foreign workers are urged to consult immigration counsel, verify eligibility for exemptions, and closely monitor future USCIS and court updates.
For more information, please click on this USCIS link: H-1B Specialty Occupations | USCIS and then go to “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”
The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions