USCIS Issues Guidance on Who Pays $100K Fee under H-1B Proclamation

As of Oct. 20, USCIS issued new guidance on which types of H-1B petitions are subject and not subject to the $100,000 fee that was introduced via presidential Proclamation last month.

The $100K fee appears to apply to:

• New H-1B petitions for beneficiaries outside the U.S. who do not have a valid H-1B visa.
• Out-of-country (consular notification, port of entry or pre-flight inspection) H-1B petitions filed after Sept. 21, 2025.
• Change-of-status, amendment or extension H-1B petitions if USCIS denies in-country eligibility(e.g., status lapse or travel while change-of-status is pending).

The $100K fee does not appear to apply to:

• Change-of-status, amendment or extension H-1B petitions (including H transfers) when USCIS grants the benefit. Beneficiary must be in U.S. to file.
• H-1B petitions filed before Sept. 21, 2025.
• Holders of valid H-1B visas — seems to have no impact on currently valid visas or re-entry using existing visas.
• Those applying for out-of-country approvals with proof of having been granted a national interest exception — process for applying announced; extremely high threshold.

We are continuing to track developments in this area.