**This page offers only general information and updates and does not take into account the specific factual circumstances of any individual; it should NOT be constituted as legal advice.
Last updated: 9:48AM ET 10/21/2025
We finally have further guidance from USCIS regarding the Presidential Proclamation issued on September 19th related to H-1B petitions and the $100,000 fee — and overall, it’s good news for most people!
Who is NOT Subject to the $100,000 Fee
- Current H-1B holders in the U.S. seeking:
- H-1B transfers to new employers
- Extensions of stay or amendments
- Individuals in the U.S. in another visa classification (F-1, J-1, H-4, etc.) who wish to change status to H-1B, including:
- Cap-exempt employers filing H-1B change-of-status petitions
- H-1B lottery: While the guidance does not specifically address the upcoming H-1B cap season, the language does suggest that those individuals in F-1 or another non-immigrant status may enter the upcoming H-1B lottery and change status without the $100,000 fee
- H-1B holders traveling abroad for visa stamping, if their H-1B was approved while they were in the U.S. Keep in mind, however, that the USCIS has no jurisdiction over visa issuance, so if additional guidance is issued by the Department of State (DOS), this policy could change. Please remind your employees to monitor guidance carefully before planning travel and leaving the U.S.
- H-1B petitions approved before September 19, 2025 even for individuals outside of the U.S.
Who IS Subject to the $100,000 Fee
- Foreign nationals abroad filing H-1B petitions with consular processing (consular notification)
- In these cases, the $100,000 fee must be paid in advance of filing a petition, and proof of payment must accompany the petition, or it will be denied.
- Petitions filed as a change-of-status, amendment, extension, or transfer that USCIS ultimately approves for consular notification because the Service has determined the individual is not eligible for a change of status or extension of stay.
- In these cases, the $100,000 fee will need to be paid in accordance with additional USCIS instructions.
Exceptions
USCIS has confirmed that exceptions may be granted by the Secretary of Homeland Security in extraordinarily rare circumstances.
An exemption may be approved when:
- The worker’s presence in the U.S. as an H-1B is in the national interest,
- No qualified U.S. worker is available to fill the role,
- The worker poses no threat to U.S. security or welfare, and
- Requiring payment of the fee would significantly undermine U.S. interests.
Further details on the criteria and application process for these exemptions will be released in the coming weeks and months.
Read the Official USCIS Update
You can review the full USCIS announcement HERE. Once there, click the dropdown shown in the screenshot below to view the official language.
Direct links to governmental notices:
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