USCIS Issues Guidance On $100,000 H-1B Petition Fee Under Presidential Proclamation

USCIS has released guidance on President Donald Trump's Sept. 19, 2025, Presidential Proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," introducing a new $100,000 fee requirement for certain H-1B nonimmigrant visa petitions.

USCIS on Oct. 20, 2025, issued guidance clarifying which petitions are subject to the Proclamation's new requirements, how and when the $100,000 payment must be made, and the limited circumstances under which exceptions may be granted.

Who Is Subject to the $100,000 Payment

According to USCIS, the Proclamation applies to new H-1B petitions filed on or after 12:01 a.m. (ET) on Sept. 21, 2025, if they are filed:

• On behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.
• Requesting consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the United States.
• Requesting a change of status, amendment, or extension of stay, and USCIS determines the beneficiary is ineligible for the requested change or extension (e.g., is not in a valid nonimmigrant visa status or if the beneficiary departs the United States prior to adjudication of a change of status request).

Who Is Exempt

USCIS explains that the Proclamation does not apply to:

• Petitions filed prior to 12:01 a.m. (ET) on Sept. 21, 2025.
• Beneficiaries of previously issued and currently valid H-1B visas.
• Petitions requesting a change of status, amendment, or extension of stay for a beneficiary inside the United States, and USCIS grants such request. Beneficiaries of such approved petitions who later depart the U.S. and apply for a visa based on the approved petition or seek to reenter the U.S. on a current H-1B visa will not be subject to the payment.

How and When to Pay

• The $100,000 payment must be made prior to filing the petition.
• USCIS requires petitioners to submit the $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176.
• Petitioners must submit proof of payment or evidence of an exception granted by the secretary of homeland security at the time of filing the H-1B petition.
• Petitions subject to the $100,000 payment filed without the proof of payment or evidence of an exception will be denied.

Exception Criteria

USCIS may grant exceptions in extraordinarily rare circumstances where the secretary has determined that:

• The alien worker's presence is in the United States as an H-1B worker is in the national interest;
• No American worker is available to fill the role;
• The alien worker does not pose a threat to the security or welfare of the United States; and
• Requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States.

Petitioners may submit exception requests and all supporting evidence to H1BExceptions@hq.dhs.gov.

To date, there have been two separate lawsuits filed challenging the legality of the Proclamation. Those lawsuits are in the early stages and raise the possibility the Proclamation could be stayed or ultimately found unlawful.

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.