USCIS Clarifies $100,000 H-1B Fee Proclamation

On October 20, 2025, USCIS released new details on how the September 19, 2025 Presidential Proclamation will be implemented, providing clearer guidance on who must pay the $100,000 supplemental fee and when exceptions may apply.

The implementation of the $100,000 H-1B supplemental fee remains subject to change or judicial review. Two lawsuits have been filed challenging the legality of the fee, and its future applicability may be affected by pending court decisions.

Who’s Subject:

The $100K fee applies to new H-1B petitions filed on or after September 21, 2025 for foreign nationals outside the U.S. or for petitions requesting consular processing.

Who’s Not (Generally):

Amendments, extensions, and changes of status inside the U.S. generally do not trigger the $100K fee, provided USCIS approves the request.

Important nuance: If the beneficiary travels abroad during adjudication, the petition will typically be converted to consular processing, and the $100K fee may apply.

Payment Process:

Employers must make the $100K fee via Pay.gov before filing and include proof of payment with the petition. Petitions filed without confirmation of payment (or an approved exception) will be denied.

Exceptions:

Requests can be emailed to H1BExceptions@hq.dhs.gov, but DHS emphasizes these are extraordinarily rare, limited to cases where the worker’s presence is in the national interest, no U.S. worker is available, and the fee would significantly harm U.S. interests.

Key Takeaway:

Most F-1 to H-1B COS applicants inside the U.S. seem not to be required to pay the $100K fee, while employers filing for overseas hires or consular processing should be prepared for this substantial new cost unless an exception is granted.

We will continue to monitor developments and provide updates. For questions about how this may affect your petitions, please click here to contact us.