The United States Citizenship and Immigration Services (USCIS) has released updated guidelines clarifying the applicability of the new H-1B $100k visa fee.
The new guideline has provided clarity to many employers and foreign workers as it explains those to pay the new H-1B $100k visa fee.
Recall that the new visa fee came after a presidential proclamation from U.S President Donald Trump.
Meanwhile, the proclamation sparked confusion among employers and foreign workers.
Clarifying the new H-1B $100k visa fee, the USCIS, in a public notice, confirmed that the new fee is an additional requirement imposed on a narrow set of applications.
The agency disclosed that the fee applies only to new H-1B petitions filed on or after September 21, 2025.
USCIS also added that the fee will apply to individuals who are currently outside the United States and do not hold a valid H-1B visa.
The new H-1B $100k visa fee is also triggered if the petition, regardless of the beneficiary’s current location, specifically requests consular processing (visa stamping at a U.S. embassy or consulate), port-of-entry notification, or pre-flight inspection, the agency revealed.
This means that companies hiring foreign talent from outside the U.S. for the first time on an H-1B visa must factor this steep, one-time payment into their recruitment budget.
Employers are now required to make the payment via the designated U.S. Department of the Treasury pay.gov portal before filing the H-1B petition and include proof of payment or an approved exception with the initial submission.
Read the full statement below;
H-1B Payment Method and Submission Process
Effective September 21, 2025, at 12:01 a.m. EDT, all new H-1B petitions subject to the Proclamation must include:
A $100,000 payment submitted electronically via pay.gov.
Petitioners must use the designated form titled “H-1B VISA PAYMENT TO REMOVE RESTRICTION”
The payment must be completed before filing the H-1B petition. Petitioners should retain the payment confirmation receipt for submission.
H-1B Required Documentation at Time of Filing
Petitioners must include one of the following with the initial petition submission:
A copy of the payment confirmation from pay.gov
Or evidence of an approved exception from the Secretary of Homeland Security
Petitions filed without the required documentation will be denied without further review.
Refund Reminder: If USCIS does not approve a petition, it will issue a full refund. To ensure proper reimbursement, petitioners must enter banking information in the designated financial section and ensure it matches the payment details submitted.
Eligibility for $100,000 H-1B Fee
Effective September 21, 2025, at 12:01 a.m. EDT, the $100,000 fee applies to H-1B petitions filed on behalf of:
Beneficiaries who are outside the U.S. and do not hold a valid H-1B visa
Beneficiaries, inside the U.S, for whom the petition requests consular notification, port of entry notification, or pre-flight inspection
Beneficiaries for whom the petition requests a change of status, amendment, or extension of stay and USCIS determines the individual is ineligible (e.g., not in a valid non-immigrant status or departs the U.S. before adjudication)
If an H-1B employer files a petition requesting a change of status, extension, or amendment, and that petition is not successful (e.g., USCIS denies or revokes), any subsequent petition would more than likely be filed for consular approval. This means the beneficiary would need to obtain a visa abroad and re-enter the U.S., which may trigger the $100,000 fee under applicable provisions.
The fee does not apply to:
Petitions submitted before September 21, 2025
Beneficiaries who currently hold a valid H-1B visa
Petitions requesting a change of status, amendment, or extension of stay for beneficiaries inside the U.S. who are granted such relief by USCIS
Petitions requesting a Change of Employer for beneficiaries inside the U.S., provided the petition does not request consular processing
Note: If a Change of Employer petition includes a request for consular processing, the $100,000 fee may apply.
Beneficiaries who are approved for an amendment, extension of status, or change of status by USCIS and later depart the U.S. to apply for a visa based on the approved petition and/or reenter on a valid H-1B visa
H-1B Exception Criteria and Submission Process
Exceptions to the $100,000 fee may be granted only in extraordinarily rare circumstances where the Secretary of Homeland Security determines:
The beneficiary’s presence is in the national interest
No U.S. worker is available to fill the role
The beneficiary poses no threat to national security or welfare
The fee would significantly undermine U.S. interests
Employers seeking an exception must submit a formal request and supporting documentation to: [email protected]
