H-1B Update: USCIS Implementation Guidance for $100K Fee Requirement

USCIS has now released official guidance on the new H-1B fee requirement, which clarifies the requirements stemming from the September 19^th Presidential Proclamation. Below is a summary of the key clarifications.

Who Is Subject to the $100,000 Fee:

The fee applies to H-1B petitions filed on or after September 21, 2025, in the following situations:

• Beneficiaries who are outside the United States and do not have a valid H-1B visa

• Petitions requesting consular processing or port of entry notification (i.e., requiring that the beneficiary depart the U.S. in order to obtain a new H-1B visa once approved)

• Change of status or extension requests where the beneficiary is found ineligible for the status change/extension

  
  

Who Is NOT Subject to the Fee:

The fee does NOT apply to:

• Petitions filed before September 21, 2025

• Current H-1B visa holders traveling in and out of the U.S.

• H-1B workers who receive approved change of status/extension while in the U.S., even if they later travel and have their visa renewed

  
  

Payment Process:  Payment must be made through pay.gov before the employer files the H-1B petition. Proof of payment or evidence of a DHS exception must be submitted with the petition for the new H-1B visa.

Limited Exceptions:  Very limited exceptions may be granted by the Secretary of Homeland Security in extraordinarily rare circumstances involving national interest. The USCIS' official instructions provide an email address to which exception requests may be submitted for review, but it is not yet clear how the USCIS will determine whether a particular case meets the national interest exception's requirements.

How We Can Help:

The Schear Immigration team will work with you to:

• Assess which of your pending or planned H-1B cases are subject to this fee

• Determine filing strategies to minimize impact

• Evaluate whether fee payment or exception requests may be appropriate for your circumstances

If you have questions about how this guidance affects your specific cases, please contact our office. We are here to navigate these changes together.

For the full USCIS guidance, see: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations