The H-1B visa is a non-immigrant visa in the United States that allows U.S. employers to temporarily employ foreign workers in specialty occupations.
⚠️ Important Legal Disclaimer ⚠️
Please Note: Immigration law changes frequently. This below information is based on USCIS guidance as of the effective date of the Proclamation. You must always cross-check all details, forms, fees, and procedures with the official USCIS website (www.uscis.gov) and relevant Department of Homeland Security (DHS) alerts. Consult a qualified immigration attorney for advice specific to your case.
The Major H-1B Visa Game-Changer: The $100,000 Fee
A new Presidential Proclamation has shocked the immigration landscape. It introduced a massive $100,000 fee for certain H-1B petitions. This change is effective for petitions filed on or after September 21, 2025.
U.S. Citizenship and Immigration Services (USCIS) has released critical guidance. Consequently, employers must understand who the fee targets and how to correctly handle payment or exemption requests. This post breaks down the new requirements simply and clearly.
Who Must Pay the New $100,000 H-1B Fee?
Employers must determine if their H-1B petition triggers the new payment. Generally, the $100,000 fee applies only to new H-1B petitions that meet specific criteria.
| Criterion | Applies |
| Filing Date | Petitions filed on or after 12:01 a.m. EDT, September 21, 2025. |
| Beneficiary Status | The beneficiary is outside the United States and does not hold a valid H-1B visa. |
| Request Type | The petition requests consular processing, port-of-entry notification, or pre-flight inspection. |
✅ Who is Exempt from the H-1B Fee?
The fee does not apply in several common situations. Therefore, many employers will not owe this amount.
- Current H-1B visa holders.
- Petitions requesting an extension of stay.
- Petitions requesting an amendment to existing status.
- Petitions requesting a change of status (e.g., F-1 OPT to H-1B) for beneficiaries already in the U.S.
Crucial Note: USCIS will deny any subject petition filed without proof of payment or an approved exception.
💳 How to Submit the $100,000 H-1B Fee
Petitioners must complete the payment process before submitting the Form I-129 petition with USCIS.
1. Use the Official Pay.gov Portal
You must submit the required $100,000 payment electronically. You will use the official government payment portal, Pay.gov. The specific form is designated for this purpose.
- Payment Portal: Pay.gov
- Official Form Link: H-1B VISA PAYMENT TO REMOVE RESTRICTION
- Pay.gov Form ID: 1772005176
2. Submit Proof with the Petition
After making the payment, you must include a copy of the payment proof from Pay.gov when you file the Form I-129 Petition for a Nonimmigrant Worker. This step is mandatory.
🙏 National Interest Exception: Criteria and Contact
The Secretary of Homeland Security may grant an exception to the fee. However, the government states this will occur only in “extraordinarily rare circumstances.” You must secure this exception before filing the H-1B petition.
1. Exception Criteria
To qualify, the petitioner must convincingly prove that the foreign national’s employment meets all of the following four conditions:
- The foreign national’s presence is in the national interest.
- No qualified American worker is available to fill the specific role.
- The worker poses no threat to U.S. security or welfare.
- Requiring the $100,000 payment would significantly undermine the interests of the United States.
2. How to Request an Exception
Employers should gather all supporting evidence. Then, they must submit the exception request via email.
- Official DHS Email Address:
H1BExceptions@hq.dhs.gov
🏛️ Next Steps for Employers
This new fee creates a significant financial burden for specific foreign hires. Therefore, employers must act proactively.
- Review your hiring pipeline. Determine if any upcoming hires are outside the U.S. and require a new H-1B.
- Budget accordingly. Incorporate the $100,000 cost into your financial planning for these cases.
- Consult an immigration attorney. You need professional advice to navigate this complex requirement and evaluate exception eligibility.
🛑 Final Caution: Always Check the Official Source
Remember, immigration policy is dynamic. For the latest forms, updated filing instructions, and any new legal developments, always verify all information directly on the official USCIS website (www.uscis.gov). Do not rely solely on third-party sources.
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Frequently Asked Questions (FAQs)
Who is required to pay the $100,000 H-1B fee?
The fee is required only for new H-1B petitions filed on or after September 21, 2025, that meet all the following criteria:
- The petition requests consular processing, port-of-entry notification, or pre-flight inspection.
- The beneficiary (worker) is outside the United States at the time of filing.
- The beneficiary does not currently hold a valid H-1B visa.
Does this fee apply to current F-1 students on OPT who are applying for a Change of Status (COS)?
No, the fee does not apply. If a petition requests a Change of Status (COS) from F-1 (or another valid status like J-1) to H-1B, and the beneficiary remains in the U.S. for the approval, the $100,000 fee is not required.
Does the fee apply to H-1B extensions, amendments, or transfers (change of employer)?
No, the fee does not apply to:
Transfers (Change of Employer) for a beneficiary already in H-1B status within the U.S.
Extensions of stay (renewals).
Amendments to an existing H-1B.
Is this a one-time fee, or must the employer pay it every year?
This is a one-time fee charged upon the submission of a new, subject H-1B petition. It is not an annual recurring fee.
Does the $100,000 fee apply to cap-exempt H-1B petitions (e.g., those filed by universities)?
Yes, it does apply if the petition meets the criteria of being a new filing for a beneficiary who is outside the U.S. and requests consular processing. Cap-exempt employers are only exempt from the annual lottery cap, not this new fee.
How and when must the employer submit the $100,000 payment?
The employer must make the payment before filing the Form I-129 petition with USCIS. Payment is done electronically via the designated form on the Pay.gov official government website.
What documentation is required when filing the H-1B petition?
The petitioner must include a copy of the payment confirmation from Pay.gov or proof of an approved National Interest Exception (NIE) when they file the Form I-129.
What happens if the H-1B petition is denied or not selected in the lottery?
If the petition is subject to the fee and is ultimately denied or rejected (including if the beneficiary was not selected in the lottery), the $100,000 fee is expected to be refunded in full.
I am a current H-1B holder traveling abroad. Will I have to pay the fee to re-enter the U.S.?
No. The fee does not apply to noncitizens with a validly issued H-1B visa or an approved H-1B petition filed before the deadline. You should be able to travel and be admitted under existing rules.
Can the fee be waived?
Yes, but only in “extraordinarily rare circumstances” through a National Interest Exception (NIE) granted by the Secretary of Homeland Security.
What are the key requirements for a National Interest Exception (NIE)?
The employer must prove that:
- The worker’s employment is in the national interest.
- No qualified U.S. worker is available.
- The worker poses no security threat to the U.S.
- Requiring the $100,000 payment would significantly undermine U.S. interests.
The request must be submitted via email to DHS before the I-129 is filed.
Disclaimer: These FAQs reflect current guidance; however, immigration policies are subject to rapid change and ongoing legal challenges. Employers and beneficiaries should always consult with an immigration attorney for case-specific advice.
