On October 20, 2025, USCIS provided further information on the Proclamation restricting entry of H-1B workers that became effective September 21, 2025 at 12:01 AM Eastern Time (“effective date”). In short, H-1B petitions filed or approved as, “New employment with request to notify consulate, port of entry, or pre-flight inspection” are subject to the $100,000 fee. The U.S. Chamber of Commerce filed a legal challenge to this proclamation on October 16, 2025.
H-1B Petitions Subject to $100,000 Fee
New H-1B petitions requesting consular, port of entry, or pre-flight inspection notification on behalf of beneficiaries inside or outside the United States, with or without a valid H-1B visa, must include an additional $100,000 payment as of the effective date.
Additionally, approved H-1B petitions for which an accompanying request for change of status, amendment, or extension of stay is denied (due to violation of status, overstay, or other reasons), will result in the need for payment of the $100,000 fee when the H-1B status holder departs the United States and applies for a new visa stamp to reenter the country.
H-1B Petitions NOT Subject to $100,000 Fee
The $100,000 fee does not apply to the following:
- Valid H-1B visas issued prior to the effective date
- Any type of H-1B petition filed prior to the effective date, whether it was approved before or is still pending after the effective date
- H-1B petitions requesting and approved for an amendment, change of status, or extension of stay on behalf of a beneficiary inside the United States filed on or after the effective date.
- Departing the United States to apply for an H-1B visa based on this type of H-1B approval notice will not make the beneficiary subject to the $100,000 fee for the H-1B visa to be issued or to reenter the United States based on the new H-1B visa.
When and How to Pay the Fee
Payment of the $100,000 fee is required prior to filing a petition subject to the $100,000 fee using pay.gov. Instructions for paying the fee are provided at the following link: https://www.pay.gov/public/form/start/1772005176.
New H-1B petitions should be accompanied by proof that the payment has been scheduled, or evidence of exemption. H-1B petitions filed without one of these documents will be denied.
USCIS has not provided guidance on how they will notify petitioners to pay the fee for whom the H-1B petition is denied a change of status, amendment, or extension of stay.
National Interest Exceptions
National interest exceptions will be considered and granted in “extraordinarily rare circumstances” where the Secretary of Homeland Security (currently Kristi Noem) determines the following:
- The beneficiary’s work and presence in the United States is in the national interest,
- No American worker is available to fill the role,
- The beneficiary does not pose a threat to the security or welfare of the United States, and
- Requiring petitioner to make the payment would significantly undermine U.S. interests.
Petitioners requesting this exception are required to submit their request with supporting evidence to H1BExceptions@hq.dhs.gov prior to submitting the new H-1B petition with USCIS.
