USCIS Clarifies $100,000 Fee for H-1B Visa Petitions

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance regarding the applicability of the newly implemented **$100,000 fee** for certain H-1B visa petitions. This clarification, released on **October 20, 2025**, specifies that the fee requirement does not apply to petitions for amendments, changes of status, or extensions of stay for individuals already residing in the United States. However, new petitions for individuals outside the U.S. remain subject to the fee as outlined in a proclamation signed by **President Donald Trump** on **September 19, 2025**.

Under the proclamation, effective from **September 21, 2025**, all H-1B petitions submitted at or after **12:01 a.m. ET** must include the additional fee. This stipulation aims to regulate the influx of certain nonimmigrant workers, particularly affecting those seeking H-1B visas who are outside the country or those without valid H-1B status in the U.S. The guidance indicates that the fee is also applicable to beneficiaries requiring consular notification, port-of-entry notification, or pre-flight inspection.

Exemptions and Application Details

The recent guidance from USCIS provides some relief to employers and sponsored employees in the U.S. who are looking to change their H-1B status, extend their existing status, or amend their current petitions without incurring the additional fee. It explicitly states that individuals currently in the U.S. are not affected by the proclamation’s fee requirement, provided their petitions pertain to amendments or extensions filed on or after **September 21, 2025**.

Nevertheless, if a requested change, extension, or amendment is denied, the individual would then fall under the proclamation’s jurisdiction. This situation particularly affects those applying for H-1B sponsorship from abroad or individuals in the U.S. without valid H-1B visas who are aiming to secure consular notification or related processes. Examples of affected cases include applications for physicians seeking entry after the proclamation’s effective date and filings for individuals ineligible for changes in status, such as those under the Deferred Action for Childhood Arrivals (DACA) program.

Payment Process and National Interest Exception

USCIS has also provided instructions for petitioners on how to process the **$100,000 fee** online, where applicable. The agency outlined the cumbersome process for requesting a national interest exception from the proclamation. Employers seeking this exemption must demonstrate that hiring the foreign worker will not adversely affect U.S. workers and that the fee payment aligns with American interests.

The announcement comes amidst ongoing litigation challenging the legality of the proclamation. Two lawsuits are currently pending in federal courts—one filed on **October 3, 2025**, in the **U.S. District Court for the Northern District of California** by a coalition of non-profit organizations, including **Democracy Forward** and the **Justice Action Center**. The second lawsuit was initiated by the **U.S. Chamber of Commerce** on **October 16, 2025**, in the **U.S. District Court for the District of Columbia**.

If either lawsuit succeeds, it may result in a judicial determination that the proclamation exceeds executive authority, potentially invalidating the corresponding agency actions, including the current guidance on the H-1B fee. As the legal landscape evolves, employers and prospective H-1B applicants will need to stay informed about these developments and their implications for immigration processes.