The US Citizenship and Immigration Services (USCIS) has issued clarifications regarding the $100,000 H-1B visa fee following a presidential proclamation on September 19, 2025.
The guidance outlines which visa petitions require payment, who is exempt, and how employers can request waivers under exceptional circumstances.
Which H-1B Petitions Are Subject to the Fee
The $100,000 fee applies primarily to new H-1B petitions submitted on or after September 21, 2025. USCIS specifies that the fee affects:
* Applicants outside the United States who do not hold a valid H-1B visa.
* Petitions requesting consular processing or port-of-entry notifications for workers currently in the US.
* Cases where a change of status or extension petition is denied.
USCIS emphasised that the rule covers petitions filed at or after 12:01 AM EDT on September 21 for beneficiaries outside the US without a valid H-1B visa, reported Business Standard.
Who Is Exempt From the Fee
Several categories of petitioners are not required to pay the $100,000 fee:
* H-1B visa holders with valid, active visas.
* Petitions submitted before the September 21, 2025, deadline.
* Requests for amendments, extensions, or changes of status inside the US that are approved.
USCIS clarified that if a beneficiary of an approved petition later departs the US and applies for a visa or re-enters using a current H-1B visa, they remain exempt from the fee.
Situations That Trigger Fee Payment
The fee becomes mandatory if a petition is denied or if the applicant leaves the US before the petition is adjudicated. In such cases, USCIS requires the $100,000 payment to proceed with processing.
This applies when the worker is not in a valid non-immigrant status or leaves the country before a decision is made, the USCIS stated.
How Employers Must Remit Payment
Employers must pay the fee via the federal government’s online portal, pay.gov. USCIS provides step-by-step instructions for electronic submission to ensure compliance.
Limited Waivers Under Extraordinary Circumstances
Waivers are extremely rare and can only be granted by the Secretary of Homeland Security. Exceptions are considered when the worker’s presence is deemed vital to national interest, no qualified US worker is available, and the fee would significantly impede US interests. Employers seeking exemptions must submit requests with supporting documentation to [H1BExceptions@hq.dhs.gov](mailto:H1BExceptions@hq.dhs.gov).
Legal Pushback Against the Fee
The $100,000 fee has faced multiple legal challenges. The US Chamber of Commerce recently filed a lawsuit claiming the policy is unlawful and would negatively impact businesses, arguing that fee-setting is a congressional responsibility, not an executive one.
With the H-1B programme being a key pathway for skilled Indian workers in the US, understanding the fee rules is critical. Employers should identify which petitions are liable and ensure timely payment or seek exemptions. Workers must confirm whether their petitions are exempt to avoid unnecessary costs and legal issues.
