Following the Presidential Proclamation issued on September 19, 2025, which introduced a USD 100,000 fee for certain H-1B petitions filed on or after 12:01 AM EDT, September 21, 2025, the US Department of Homeland Security (USCIS) has now released detailed guidance on who is subject to the new fee, how to submit the payment, and how to request exceptions.
Who Is Subject to the USD 100,000 Payment?
The fee applies to new H-1B petitions filed on or after the effective date if:
- The beneficiary is outside the US and does not hold a valid H-1B visa.
- The petition requests consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the US
- The petition requests a change of status, amendment, or extension of stay, and USCIS determines the beneficiary is ineligible (e.g., not in valid status or departs the US before adjudication).
Who Is Not Subject to the Payment?
- Petitions filed before September 21, 2025.
- Beneficiaries with a valid H-1B visa.
- Petitions for amendment, change of status, or extension of stay where USCIS grants the request.
- Beneficiaries in valid H-1B status who later depart the US and apply for a visa or reenter on a valid H-1B visa based on an approved petition.
How to Pay the $100,000 Fee
- Payment must be made before filing the H-1B petition.
- Use pay.gov to submit the payment.
- Include proof of payment or evidence of an exception from DHS with the petition.
- Petitions without proof of payment or exception will be denied.
Exceptions to the Fee
Exceptions may be granted only in extraordinarily rare circumstances where:
- The beneficiary’s presence is in the national interest.
- No American worker is available for the role.
- The beneficiary poses no threat to US security or welfare.
- The fee would significantly undermine US interests.
Employers seeking an exception must submit a request and supporting documentation to: H1BExceptions@hq.dhs.gov
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.