USCIS has confirmed the implementation of a $100,000 supplemental fee for certain H-1B petitions. This new measure, stemming from the Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers” release on September 19, 2025, applies in addition to all existing H-1B filing and registration fees.
The requirement applies to petitions filed on or after 12:01 a.m. (EDT) on September 21, 2025, marking one of the most significant changes to the H-1B program in recent years.
The $100,000 fee applies to:
- New H-1B petitions filed on or after 12:01 a.m. (EDT) on September 21, 2025, for beneficiaries outside the United States who do not have a valid H-1B visa.
- H-1B petitions filed on or after that time that request consular or port-of-entry notification (including pre-flight inspection), even if the beneficiary is physically present in the U.S. at filing.
- H-1B petitions requesting a change of status, amendment, or extension filed on or after that date if USCIS later determines the foreign national is ineligible (e.g., due to invalid status or departure from the U.S. before adjudication).
The Proclamation does not apply to:
- Previously issued and currently valid H-1B visas;
- H-1B petitions submitted before 12:01 a.m. (EDT) on September 21, 2025; or
- H-1B petitions filed on or after that date requesting a change, amendment, or extension for individuals inside the U.S. if the request is granted.
A beneficiary who later travels abroad with an approved petition or valid H-1B visa will not become subject to the $100,000 fee. The rule also does not restrict travel for current H-1B visa holders or beneficiaries of approved petitions eligible for entry or re-entry to the U.S.
How and When to Pay
Employers subject to the new rule must submit the $100,000 payment before filing the H-1B petition with USCIS. The payment must be made through pay.gov, and petitioners must include proof of payment or proof of an exception at the time of filing. Petitions subject to the $100,000 payment that are filed without this documentation will be denied.
Exceptions to the $100,000 payment may be granted only in extraordinarily rare circumstances, when the Secretary of Homeland Security determines that:
- The foreign national’s presence in the United States as an H-1B worker is in the national interest;
- No American worker is available to fill the position;
- The foreign national does not pose a threat to the security or welfare of the United States; and
- Requiring the employer to make the payment would significantly undermine U.S. interests.
Employers who believe their case qualifies for such an exception may submit a detailed request with supporting evidence to H1BExceptions@hq.dhs.gov
For further details, please refer to the official USCIS webpage.