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On October 20, 2025, USCIS published some clarifications on the Proclamation announced last month regarding a $100,000 required payment for H-1B petitions filed on or after September 21, 2025. The following is a summary of this new guidance:
Who is subject to the $100,000 payment under the Proclamation?
The following scenarios will require the payment:
- New H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025, and the beneficiary is outside the United States and does not have a valid H-1B visa at the time of filing.
- Petitions requesting consular notification, port of entry notification, or pre-flight inspection for an alien currently in the U.S.
- Petitions requesting a change of status, amendment, or extension of stay, where USCIS determines the beneficiary is ineligible. This would include situations where the individual is not in valid status or departs the U.S. before the request is adjudicated.
Who is NOT subject to the $100,000 payment?
The payment does not apply to:
- H-1B visas that were already issued and are currently valid.
- Petitions submitted before September 21, 2025.
- Petitions filed on or after that date for amendments, changes of status, or extensions of stay where the individual is inside the United States and the amendment, change, or extension of status is approved by USCIS.
What if a person not subject to the payment leaves the US after approval?
If a beneficiary later leaves the U.S. and applies for a visa or reenters on a current H-1B visa, they are not subject to the payment.
When must the $100,000 payment be made?
The payment must be made before filing the H-1B petition, and proof of payment (from pay.gov) must be included with the submission. USCIS has indicated that they will deny petitions subject to the payment that are filed without proof of payment.
How do I make the $100,000 payment?
Petitioners must submit the payment through pay.gov by following the instructions provided at: https://www.pay.gov/public/form/start/1772005176
Are there any exceptions to the $100,000 payment requirement?
Yes, but USCIS has indicated that an exception will only be granted in "extraordinarily rare" circumstances. Such a request has to meet all of the following factors, to the satisfaction of the Secretary of Homeland Security:
- The worker's presence is in the national interest.
- No American worker is available for the role.
- The worker does not pose a threat to U.S. security or welfare.
- Requiring payment would significantly undermine U.S. interests.
How does an employer make this request for an exception?
Petitioning employers may request an exception by emailing H1BExceptions@hq.dhs.gov with a detailed request and all supporting evidence. If granted, proof of the grant must be submitted with the petition at the time of filing.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
