On September 19, 2025, the President issued a Presidential Proclamation introducing a significant change to the H-1B visa program. Effective September 21, 2025, USCIS now requires a $100,000 fee to accompany certain H-1B petitions as a condition of eligibility.
Key Dates and Updates:
- Effective Date: Certain H-1B petitions filed on or after 12:01 a.m. EDT, September 21, 2025, are subject to the new fee.
- Additional USCIS Guidance Issued: October 20, 2025, clarifying applicability, exemptions, and payment procedures.
Petitions Exempt from the $100,000 Fee:
- The fee does not apply to: Beneficiaries with valid H-1B visas issued before September 21, 2025;
- Petitions filed before September 21, 2025;
- Petitions requesting amendments, extensions, change of status, or change of employer submitted on or after September 21, 2025, provided USCIS grants the request;
- Beneficiaries who depart the U.S. to apply for a visa based on approved H-1B amendment/extension/change of status or change of employer petitions and/or seek to re-enter on a valid H-1B visa;
- Beneficiaries who are abroad and have a valid visa stamp; and
- Beneficiaries eligible for national interest exemption*.
Petitions Subject to the $100,000 Fee:
- New petitions (i.e., those requesting consular notification, port of entry, or pre-flight inspection) filed on or after September 21, 2025, regardless of whether the beneficiary is in or outside the U.S. at the time of filing;
- Petitions filed on or after September 21, 2025 for beneficiaries who are outside the U.S. and do not have a valid H-1B visa;
- Change of status, amendment, or extension petitions where USCIS determines the beneficiary is ineligible for the requested action and instead approves the petition for consular notification; or
- Change of employer petitions that are filed or approved for consular notification.
Payment Instructions:
- The $100,000 fee must be paid online via the U.S. Department of Treasury’s Pay.gov system by following the instructions at: https://www.pay.gov/public/form/start/1772005176.
- Payment must be made prior to filing the H-1B petition.
- Proof of payment must be submitted at the time of petition filing. Petitions filed without proof of payment or an approved exemption will be denied. Proof of payment may also be required at the consulate and/or port of entry.
- There is no indication whether the payment will be refunded if the petition is denied.
Exception Requests:
- According to the 10/20/2025 USCIS update, in extraordinarily rare circumstances, an employer may qualify for an exemption from the $100,000 fee by demonstrating that:
- The presence of the H-1B worker in the U.S. is in the national interest;
- No qualified U.S. worker is available to fill the position;
- The H-1B worker does not pose a threat to U.S. security or welfare; and
- Requiring the employer to make the payment on behalf of the beneficiary would significantly undermine U.S. interests.
- Employers seeking an exemption must submit a request along with all supporting documentation to H1BExceptions@hq.dhs.gov prior to filing the H-1B petition.
- Note: USCIS has not yet provided insight on processing timelines or guidance on the specific nature of the supporting evidence required.
Looking Ahead:
Despite the recent update, open questions regarding the scope of the proclamation and uncertainty surrounding the legality of the policy remains.
The proclamation authorized the Secretary of Homeland Security to establish categories of H-1B beneficiaries either by occupation or industry who would be subject to the National Interest Exception. That has not occurred to date.
Two lawsuits have been filed in federal court challenging the legality of the proclamation. Interim relief to temporarily prevent the implementation of the proclamation while the case is pending is yet to be requested.
Until we receive further guidance, H-1B visa holders are advised to limit non-essential travel outside of the United States and to consult with legal counsel prior to finalizing any international travel plans.
We will continue to monitor the status of ongoing litigation and provide any updates as they become available.
“With approximately 900 lawyers across 17 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide.”
Please visit the firm link to site
