On September 19, 2025, the President issued a Proclamation introducing a mandatory $100,000 payment as a condition of eligibility for certain H-1B petitions filed on or after 12:01 a.m. (EDT) on September 21, 2025. On October 20, 2025, USCIS updated its H-1B guidance to provide additional information on when the $100,000 fee is required.

Key Highlights

H-1B petitions that are subject to the $100,000 payment:

• New H-1B petitions filed on or after September 21, 2025, for individuals who:
  • Are outside the United States; and
  • Do not have a valid H-1B visa.
• H-1B Petitions filed on or after September 21, 2025, requesting:
  • Consular notification, port of entry notification, or pre-flight inspection for a foreign national in the U.S.
• H-1B Petitions filed on or after September 21, 2025, requesting a change of status, amendment, or extension of stay, IF USCIS determines the individual is ineligible for the requested benefit (for example, not in valid status or departing before adjudication).

H-1B petitions that are not subject to the payment:

• H-1B Petitions filed before 12:01 a.m. (EDT) on September 21, 2025.
• H-1B Petitions filed on or after September 21, 2025 seeking an amendment, change of status, or extension of stay for an individual inside the United States, if USCIS approves the amendment, change of status, or extension.

Impact on travel and visa issuance for H-1B visa holders:

• Individuals with previously issued, valid H-1B visas may continue to travel internationally without being subject to the $100,000 fee.
• Individuals with approved H-1B petitions filed on or after September 21, 2025 requesting a change of status, amendment, or extension of stay, will not be subject to the payment when applying for an H-1B visa based on the approved petition.

How to pay the $100,000 fee:

• Employers must pay the $100,000 fee before filing the H-1B petition with USCIS.
• Petitioners must pay using the website, pay.gov, and include proof of payment or evidence of an approved National Interest Exception (NIE) with the H-1B petition filing.

Exceptions:

The Secretary of Homeland Security may grant an exception to the H-1B fee only in “extraordinarily” rare circumstances where:

• The worker’s presence is in the national interest;
• No U.S. worker is available for the position;
• The worker poses no security or welfare risk; and
• Requiring payment would significantly undermine U.S. interests.

Exception requests should be sent to [email protected] with supporting evidence and must be approved before the employer can file an H-1B petition that is subject to the fee.

Next Steps for Employers:

• Review upcoming or planned H-1B petition filings to determine if the $100,000 payment applies.
• If the fee is required, ensure payment via pay.gov is completed and proof is included with the H-1B petition filing.
• Ensure that their H-1B workers are checking their Form I-94 record each time they enter the U.S. to confirm that they were admitted in the correct status and for the correct duration.
• Ensure that H-1B workers are working within the same Metropolitan Statistical Area (MSA) of the worksite(s) listed on their H-1B petition.
• Initiate H-1B extensions early to be filed with USCIS at least 6 months before their status expires.
• Consult with the immigration attorneys at Ryan Swanson to evaluate eligibility for any possible exceptions or to plan H-1B petition filing strategies.