USCIS Clarifies $100,000 H-1B Fee

October 21, 2025

What's New

USCIS has issued guidance clarifying details of the new $100,000 H-1B fee created by the September 19 Presidential Proclamation.

The October 20 guidance:

• Confirms that the fee applies only to new H-1B petitions for beneficiaries outside the United States without a valid H-1B visa and to petitions requesting consular notification, port-of-entry notification, or pre-flight inspection.
• States that domestic filings are exempt. Amendments, extensions, or changes of status filed inside the United States are not subject to the fee if they are approved while the beneficiary remains in valid status.
• Clarifies the risk of travel. The proclamation does not prevent current H-1B visa holders from traveling outside the United States, and the $100,000 fee will not apply to current visa holders who are traveling. However, leaving the U.S. while a petition is pending could trigger the fee requirement.
• Explains the payment process. Proof of payment via pay.gov must accompany the petition. Filings without proof will be denied.

What It Means

Employers that rely on H-1B visas now have more certainty about the $100,000 fee: routine in-U.S. H-1B filings are unaffected and the fee will not apply to current H-1B visa holders if they travel outside the U.S. However, consular processing or international travel while a petition is pending can trigger the fee. It also appears that national interest exceptions will be rare.

What You Should Do

Employers that rely on H-1B visas should:

• Start strategizing for upcoming filings and identify potential petitions involving consular processing or beneficiaries abroad;
• Advise employees to avoid international travel during pending H-1B adjudications; and
• Explore alternative work authorization options.

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