Alerts10.21.25
USCIS Clarifies Applicability of $100,000 H-1B Visa Fee
Highlights
- USCIS limits the $100,000 H-1B fee requirement. Updated guidance issued Oct. 20, 2025, clarifies that the proclamation does not apply to petitions requesting an amendment, change of status, or extension of stay for individuals already in the U.S.
- New petitions for individuals outside the U.S. remain subject to the proclamation. The additional fee continues to apply to beneficiaries abroad or those without valid H-1B visas seeking consular notification, port-of-entry notification, or pre-flight inspection.
- USCIS provides process details. The agency outlined how to render payment online, where applicable, and described the evidentiary requirements for obtaining a national interest exception — including demonstrating that no American worker is available and that the payment would harm U.S. interests.
On Sept. 19, 2025, President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” that took effect two days later. Under the proclamation, certain H-1B petitions filed at or after 12:01 a.m. ET on Sept. 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility. (Fact Sheet)
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