USCIS released guidance addressing some of the many questions raised by the new $100k H-1B fee imposed by the recent Presidential Proclamation.
Fee scope clarified: The new fee is primarily for new H-1B petitions for those not yet in the U.S. According to USCIS:
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The fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not already hold a valid H-1B visa.
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The fee also applies when petitions request consular or port-of-entry notification, or pre-flight inspection.
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Importantly, USCIS confirmed the fee does not apply to “change of status” cases, such as individuals moving from F-1 student to H-1B status without leaving the U.S.
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The USCIS has also provided payment instructions: employers must submit the $100,000 fee through pay.gov.
More clarity on potential exemptions: The Proclamation allowed for exceptions “in in the interest of national security,” a vague but potentially broad loophole. However, the new USCIS guidance significantly narrows that standard. Exceptions will be considered only in “extraordinarily rare” cases where the Secretary of Homeland Security determines that all of the below apply:
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The H-1B worker’s presence in the United States is in the national interest;
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No American worker is available to fill the position;
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The worker poses no threat to U.S. security or welfare; and
Employers who believe their case meets this high threshold may submit a request—along with supporting evidence—to H1BExceptions@hq.dhs.gov.
Association advocacy: The Association previously urged the Administration to provide clarity on the scope and implementation of the new fee and continues to press for additional guidance to address employer concerns. We will keep members informed as further information becomes available.
