U.S. Citizenship and Immigration Services (USCIS) has issued detailed guidance regarding the $100,000 fee introduced by President Donald Trump’s September 19 proclamation on H-1B visa petitions. This fee is applicable only to specific new H-1B visa petitions requiring consular processing outside the United States, exempting extensions or status changes processed domestically. The update delineates who is responsible for the payment, exemptions, and procedural requirements for employers.
Overview of the $100,000 H-1B Fee
The fee is imposed under the September 19 proclamation and targets new H-1B visa petitions filed after September 21, 2025, that involve the beneficiary obtaining a visa stamp through U.S. consulates abroad. Petitions filed for consular notification—where the foreign worker applies for a visa outside the U.S.—are subject to this charge, while petitions involving extensions, amendments, change of status, or changes of employer within the U.S. remain exempt, provided they are approved without reclassification to consular processing.
Who Must Remit the Fee?
USCIS outlines that employers bear the responsibility of paying this fee when filing a petition for an employee who either:
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Is currently outside the United States without a valid visa, or
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Files for consular notification, even if present in the U.S. at the time of filing.
Petitions for extensions of stay, changes of status, or amendments are not subject to the fee unless the petition is denied and subsequently requires consular processing, in which case the fee will apply.
Exemptions to the Fee
Foreign nationals currently in the U.S. holding valid H-1B visas are exempt, irrespective of travel outside the country after approval of their petition. Similarly, petitions approved for extension or change of status within the country are also excluded from this fee. USCIS has stressed the exemptions cannot be broadly applied at the company or industry level. Instead, national interest exceptions are to be granted on a strictly case-by-case basis, requiring employers to demonstrate that:
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No qualified U.S. worker is available for the position,
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The employment benefits U.S. national interests, and
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The H-1B worker does not pose any security threat.
These exceptions are expected to be “extraordinarily rare” and heavily scrutinized.
Payment and Filing Obligations
Employers are required to pay the $100,000 fee electronically via the official pay.gov portal before submitting the relevant petition. They must include proof of payment or an approved Department of Homeland Security exemption letter with the filing. Petitions submitted without such documentation are likely to be denied without further notice. USCIS has also clarified that if a petition subject to the fee is denied, the payment will be refunded in full, provided accurate refund information is submitted.
Legal Challenges and Current Status
Several lawsuits have been initiated challenging the legality of the proclamation, asserting that it conflicts with existing immigration statutes. While courts have yet to issue injunctions blocking the fee, the recent USCIS guidance could influence judicial decisions. For the present, only new H-1B petitions requiring consular processing filed after September 21, 2025, are subject to the fee. In-country extensions, amendments, and employer transfers remain unaffected by this fee requirement.
This clarification aims to assist employers and petitioners in navigating the compliance requirements imposed by the proclamation, ensuring proper payment and documentation accompany applicable H-1B filings.
This summary incorporates the USCIS official statements:
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“The proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025,” said USCIS.
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National interest exemptions must show “No qualified U.S. worker is available,” “The job benefits U.S. national interests,” and “The H-1B worker poses no security threat.”
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Employers must pay the $100,000 fee prior to filing and include payment proof or exemptions; petitions without such proof “will likely be denied without further notice”.
