USCIS Provides Additional Guidance on $100,000 H-1B Visa Fee

USCIS provided additional guidance on the September 19 Executive Order implementing a $100,000 fee for certain H-1B petitions, clarifying who is subject and exempt from payment, and payment instructions.

According to USCIS, the $100,000 fee applies to:

• petitions filed for beneficiaries outside of the United States at the time the petition is filed, and who are without a valid H-1B visa,
• petitions for individuals within the United States who are not eligible for an amendment, change of status, or an extension of stay,
• petitions for individuals within the United States that require consular or port of entry notifications, or pre-flight inspections.

The $100,000 fee will not apply to:

• petitions filed before September 21, 2025,
• petitions for individuals in the United States requesting a change of status, amendment, or extension of stay,
• beneficiaries of an approved petition for the above, who leave the United States and apply for a visa and are planning to reenter the country on a current H-1B visa.

The Secretary of Homeland Security will consider a grant of exception for petitions for beneficiaries whose presence in the United States is in the national interest of the country and is not a threat to US security, whose role cannot be filled by a US citizen, and whose payment of the fee would adversely affect US interests.

Petitioners must provide evidence that they have paid the required fee at the time of filing the H-1B petition. Failure to provide this evidence (or evidence of a grant of exception), will lead to the petition’s denial.

We will continue to provide updates as they are released. If you have any questions or concerns about the $100,000 H-1B visa fee, contact us and we are happy to speak with you.