USCIS Issues Additional Guidelines on $100000 H-1B Fee

By: Kirti Kalra

On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) released guidance on the Presidential Proclamation issued on September 19, 2025, Restriction on Entry of Certain Nonimmigrant Workers, that bans an H-1B employee from entering the U.S. unless their employer has paid a $100,000 fee. The proclamation has been in effect since September 21, 2025, and preliminary guidance had been released, but with this new guidance, more answers to open questions have been provided.

According to USCIS, the following will be subject to the $100,000 fee:

The H-1B petition is filed on or after September 21, 2025, for a beneficiary who is outside of the U.S. without a valid H-1B visa.

• The H-1B petition is filed on or after September 21, 2025, for a beneficiary for consular notification, port of entry notification, and pre-flight inspection.  This includes H-1B cap cases for FY 2027 requesting overseas notification.

The following will not be subject to proclamation or $100,000 fee:

• H-1B petitions that are approved for an extension of stay (including change of employer), amendment, or change of status in the US.
• The beneficiary of an approved H-1B extension, amendment, or change of status even if they depart the US and apply for H-1B visa at US consulate.   

However, if USCIS denies the extension of stay, amendment or change of status in the U.S. and the petition is approved for consular notification, the $100,000 fee will be required (with the possible exception of those with valid H-1B visas). 

The new guidance states that payment of the $100,000 fee must be made on the U.S. Department of Treasury pay.gov portal prior to filing the H-1B petition with USCIS. The H-1B petition must be filed with proof of payment or with the national interest exception. Otherwise, the H-1B petition will be denied without Request for Evidence (RFE).

Exceptions to the $100,00 fee will be granted by the Department of Homeland Security (DHS) only in extraordinary circumstances:

• The applicant’s work is in national interest of the U.S.;
• No U.S. worker is available to fulfill the job;
• The applicant poses no risk to the U.S. security or welfare; and
• Requiring the employer to pay the fee would significantly undermine U.S. interests.

Employers who believe they qualify can email a detailed request with supporting documents to H1BExceptions@hq.dhs.gov.

For any questions or assistance please contact your trusted Chugh, LLP immigration professional.