Immigration Service Clarifies $100,000 H-1B Fee Responsibility

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Immigration Service Clarifies $100,000 H-1B Fee Responsibility

The U.S. Citizenship and Immigration Services (USCIS) recently clarified the responsibility for the $100,000 H-1B fee. This guidance, issued on October 20, 2025, addresses confusion among employers regarding who must pay and how to apply for exceptions.

Understanding the $100,000 H-1B Fee

The controversial fee was established by a presidential proclamation on September 19, 2025. The requirement primarily targets new H-1B petitions filed for individuals outside the United States who lack a valid H-1B visa.

Key Details of the Guidance

The fee applies to new petitions filed after September 21, 2025.
No fee is required for requests involving a change of status for individuals already in the U.S.
Employers must pay this fee if an adjustment request is denied due to ineligibility.
Current H-1B visa holders, or those with an approved petition, can travel freely without additional fees.

USCIS clarified that the fee does not apply to petitions filed for individuals within the U.S. seeking status changes, extensions, or amendments. This guidance aims to reduce employer anxiety over the new fee structure.

Application Process for the Fee

Employers need to submit the $100,000 payment through pay.gov, following specific instructions provided on the site. This is a crucial step for those filing H-1B visas for overseas workers.

Exceptions to the $100,000 Fee

The proclamation allows for exceptions to the fee under certain conditions. The Secretary of Homeland Security may waive the payment if hiring the alien worker serves the national interest, does not threaten the U.S. security, and if no American worker is available for the job.

Exceptions are rare and involve a high burden of proof.
Employers can request an exception by providing necessary documentation to [email protected].

Despite the clarifications, many employers remain concerned about the implications of the $100,000 H-1B fee. The guidance, while informative, does not appear to offer a more favorable view of the fee structure.