USCIS Publishes Additional Guidance Regarding $100,000 H-1B Fee

in Immigration Actions Trump 2.0
October 20th, 2025

USCIS published additional guidance offering clarification that the fee is intended for new petitions submitted after September 21, 2025 for employees outside the US as it exempts H-1B petitions approved for an extension of stay, amendment, or change of status – including change of employer petitions.

Who is subject to the Proclamation?

The $100,000 fee and the travel restrictions apply to:

  • new H-1B petitions filed after September 21, 2025 that request consular notification on behalf of beneficiaries (employees) who are outside the US
  • new H-1B petitions filed after September 21, 2025 on behalf of beneficiaries (employees) inside the US if USCIS denies a change of status, amendment or extension of stay and instead approves for consular processing requiring the beneficiary (employee) to depart the US to apply for a new H-1B visa.

Who is NOT subject to the Proclamation?

The $100,000 fee and the travel restrictions in the Proclamation do not apply to:

  • H-1B petitions submitted before September 21, 2025
  • a H-1B petition filed after September 21, 2025 where the beneficiary (employee) is inside the US and is approved for an amendment, change, or extension

How and when to pay the $100,000 payment:

Petitioners (employers) must submit either proof of the payment receipt from pay.gov or evidence of an approved exception from the Secretary of Homeland Security at the time of filing the H-1B petition or the petition will be denied by USCIS.

National Interest Exceptions

Petitioning employers who believe their employee satisfies a high threshold in rare circumstances can request an exception via email from the Secretary of Homeland Security. Requests must articulate that:

  • a particular alien worker’s presence in the United States as an H-1B worker is in the national interest
  • no American worker is available to fill the role
  • the alien worker does not pose a threat to the security or welfare of the United States
  • that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.

See ISSO news for more about the Proclamation. This clarification narrows the scope of when the employer must pay the $100,000 fee and will come as a relief for individuals in the US hoping for a change to H-1B status. In addition, litigation challenging the proclamation continues, and it is possible that the plaintiffs will seek interim relief to temporarily bar the U.S. government from implementing the proclamation and related guidance.

Please contact your ISSO advisor if you have questions while we continue to monitor developments.