USCIS Issues New Guidance on $100,000 H-1B Fee Proclamation

On October 20, 2025, the United States Citizenship and Immigration Service (USCIS) issued new guidance clarifying how the recent $100,000 H-1B fee proclamation would be implemented, notably:

• The $100,000 fee does not apply to petitions filed before September 21, 2025.

• The $100,000 fee does not apply to petitions filed on or after September 21, 2025, requesting a change of status, amendment, or extension of stay (beneficiary should not depart while petition is pending to ensure fee does not apply).
• The $100,000 fee does not apply to beneficiaries with an approved H-1B petition that subsequently depart the United States and apply for a visa based on that petition or seek reentry into the Untied States on a current H-1B visa.
• The $100,000 fee does apply to consular notification H-1B petitions filed on or after September 21, 2025, with the possible exception of certain foreign nationals with existing valid H-1B visas.
• The national interest exception to the $100,000 fee requirement will be reserved for the extraordinarily rare circumstance where the Secretary of Homeland Security has determined that the H-1B worker’s presence is in the national interest, that no American worker is available to fill the role, that the H-1B worker does not pose a threat to the security or welfare of the United States, and that requiring payment of the $100,000 fee would significantly undermine the interest of the United States.

Multiple lawsuits have recently been filed seeking to enjoin the implementation of the $100,000 fee. Ruder Ware’s Immigration & Workforce Mobility Team will continue to provide updates regarding the H-1B fee proclamation as we approach the FY27 H-1B cap lottery.