Under the Presidential Proclamation issued on September 19, 2025, certain H-1B petitions filed on or after 12:01 am EDT, September 21, 2025, must include a $100,000 payment as a condition of eligibility.
On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its website to clarify which H-1B case types are subject to the new $100,000 payment and which case types are not. The USCIS update also provides information on how to make the payment for the fee, as well as how to request an exception to the payment for those cases that are subject to the fee. The full USCIS update can be found under the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers dropdown on the H-1B Specialty Occupations webpage.
H-1B Petitions Subject to the $100K Filing Fee
The following H-1B petitions require the $100,000 filing fee:
- H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. and who do not have a valid H-1B visa.
- H-1B petitions filed for beneficiaries in the United States on or after September 21, 2025, which request consular notification, port of entry notification or pre-flight inspection.
- Petitions filed on or after September 21, 2025, requesting a change of status to H-1B, an amendment to an H-1B or an extension of H-1B status if USCIS determines that the alien is ineligible for a change of status, or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request).
H-1B Petitions Not Subject to the $100K Filing Fee*
The following H-1B petitions are not subject to the $100,000 filing fee:
- Any H-1B petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
- A petition filed on or after September 21, 2025, requesting an amendment, change of status or extension of stay (including a change of employer petition that requests an extension of stay) for an H-1B worker inside the United States if USCIS approves such amendment, change or extension. USCIS also confirmed that beneficiaries of these petitions will not be considered subject to the payment if after the petition is approved, the beneficiary subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.
*Beneficiaries of the above approved petitions that are not subject to the fee may depart the U.S. and apply for an H-1B visa based on above approved petitions and/or seek to re-enter the U.S. on a current valid H-1B visa.
Payment Process for H-1B Petitions Subject to the $100K Filing Fee
For petitions that are subject to the $100,000 filing fee, the petitioner must make payment before filing the H-1B petition. Payment can be made using pay.gov.
Proof of the $100,000 filing fee payment must be submitted with the H-1B petition for those H-1B petitions subject to the fee. USCIS states that it will deny petitions subject to the payment if they are filed without proof of payment or DHS approval of an exception to the filing fee.
Requests for Exceptions to the $100K Filing Fee
A Petitioner that is subject to the $100,000 filing fee may request a national interest exception to the $100,000 payment by emailing a request and supporting documents to the following email address prior to filing the H-1B petition with USCIS: H1BExceptions@hq.dhs.gov.
The agency notes that exceptions are rare and requests must address the following criteria:
- Beneficiary’s presence in the U.S. is in the national interest.
- No American worker is available to fill the role.
- Beneficiary does not pose a threat to the security or welfare of the U.S.
- Requiring payment of the $100,000 filing fee will undermine interest of the U.S.
Please reach out to the Fredrikson Immigration Group with any questions.
