The US Citizenship and Immigration Services (USCIS) has issued guidance that clarifies how the new $100,000 fee requirement for H1-B visa petitions would be applied. The guidance also explains how businesses will submit payment.
When President Trump issued a proclamation announcing the new fee last month, there was initial confusion over who would be affected.
The proclamation requires all new H-1B petitions to be accompanied by a $100,000 payment, starting September 21, 2025, and ending September 21, 2026, unless extended. It also allows the Secretary of the Department of Homeland Security (DHS) to grant exceptions based on national security interests.
The new guidance states that the $100,000 fee does not apply to:
- H-1B petitions filed prior to or approved as of September 21, 2025;
- Beneficiaries of valid H-1B visa stamps as of September 21, 2025; and
- Petitions filed on or after September 21, 2025, requesting an amendment, change of status or extension of stay for a beneficiary inside the US.
The proclamation does apply to H-1B petitions filed on or after September 21, 2025:
- For a beneficiary outside the US who does not have a valid H-1B visa stamp;
- Requesting consular notification, port of entry notification, or pre-flight inspection; or
- Requesting a change of status, amendment or extension, but USCIS determines that the beneficiary is ineligible.
Businesses must submit the $100,000 payment using pay.gov before filing an H1-B petition with USCIS. A petition must include proof of payment or evidence of exception from the DHS Secretary, or it will be denied.
In a recent Brightmine webinar, Sachiyo Peterson, a partner with Vorys, Sater, Seymour and Pease, noted that employers should still use caution with regard to travel by employees holding H1-B visas. “While current H-1B visa holders should be able to travel, both employers and employees should anticipate potential delays in consular processing until agency practices are fully established,” Peterson said.
