FAQ: Understanding the $100,000 H-1B Fee

The proclamation only targets the H-1B visa category. There are currently no changes to the other employment-related visa categories such as O-1s, TNs, Ls, J-1s, E-3s, E-1/E-2s or H-1B1s. 

Note: H-1B1 visa holders may face additional scrutiny when traveling abroad. Although the proclamation applies only to H-1B specialty occupation workers, border officials may confuse the distinction.

No. The fee does not apply to H-1B petitions filed as a change of status from F-1 to H-1B for beneficiaries inside the U.S., provided USCIS grants the change of status request.

The effective date of the fee is September 21, 2025, at 12:01 AM Eastern time. According to USCIS, cases filed after that date in the following situations will be subject to the fee if they meet any of the following conditions:

• The beneficiary of the petition is outside the U.S. and does not have a valid H-1B visa.
• The petition requests consular notification (rather than a change, extension or amendment of status within the U.S.), even if the beneficiary is in the U.S. when the petition is filed.
• The petition requests a change, extension or amendment of status within the U.S., but USCIS determines that the beneficiary is not eligible for the requested change, extension or amendment.

In short, the proclamation does not affect previously issued H-1B visas or petitions submitted before the deadline. Current H-1B holders can continue working and any petitions already on file before the effective date should continue to be processed without the additional fee.

Absent an extension, the text of the proclamation indicates that the restriction on entry to the U.S. will expire 12 months after 12:01 a.m. EST on September 21, 2025.   

Per the order, agencies are directed to submit recommendations on its renewal within 30 days of the FY 2027 H-1B lottery.       

Government agencies have issued the following FAQs attempting to clarify the proclamation: 

• Department of State FAQ 
• Department of State Announcement 
• USCIS FAQ 
• White House FAQ 
• CBP X Post 
• H-1B Specialty Occupations Details
• USCIS also issued a memo, which can be found here. 

The government’s guidance states: “The fee is a one-time fee on submission of a new H-1B petition,” indicating that the fee should only be required with the initial H-1B petition. It’s unclear whether subsequent “new” H-1B petitions, such as a change of status petition for an individual with a previous H-1B approval and currently in a different immigration status, would be subject to the fee. 

On October 20, 2025, USCIS released formal instructions for submitting the $100,000 fee required under the Presidential Proclamation. Employers must complete the payment electronically via pay.gov using the form titled “H-1B VISA PAYMENT TO REMOVE RESTRICTION.”

The payment must be finalized prior to filing the H-1B petition, and petitioners are required to include either a copy of the pay.gov confirmation or evidence of an approved exception from the Secretary of Homeland Security.

Petitions submitted without this documentation will be denied without further review.

For full details, read Envoy’s update: USCIS Releases Payment Instructions for New H-1B $100,000 Fee.

USCIS clarified that the proclamation “Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.” 

H-1B extensions (sometimes called “renewals”) should not be subject to the fee, even if filed after the proclamation’s effective date. In its follow-up guidance, the government clarified that it intends the fee to apply as a one-time charge upon submission of a new H-1B petition.

USCIS clarified that the proclamation applies to “new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.”

Although transfer (Change of Employer), amendment and extension petitions typically aren’t considered “new” petitions, USCIS has identified specific scenarios where the $100,000 fee may still apply. These include:

• Beneficiaries who are outside the U.S. and do not hold a valid H-1B visa
• Beneficiaries inside the U.S. for whom the petition requests consular notification, port of entry notification or pre-flight inspection
• Beneficiaries for whom the petition requests a change of status, amendment or extension of stay and USCIS determines the individual is ineligible (e.g., not in valid nonimmigrant status or departs the U.S. prior to adjudication)
  • If an H-1B employer files a petition requesting a change of status, extension or amendment and that petition is not successful (e.g., USCIS denies or revokes), any subsequent petition would more than likely be filed for consular approval. This may trigger the $100,000 fee.

The fee does not apply to:

• Petitions submitted prior to September 21, 2025
• Beneficiaries who currently hold a valid H-1B visa
• Petitions requesting a change of status, amendment or extension of stay for beneficiaries inside the U.S. who are granted such relief by USCIS
• Petitions requesting a Change of Employer for beneficiaries inside the U.S., provided the petition does not request consular processing
  • Note: If a Change of Employer petition includes a request for consular processing, the $100,000 fee may apply.
• Beneficiaries who are approved for an amendment, extension of status or change of status by USCIS and later depart the U.S. to apply for a visa based on the approved petition and/or reenter on a valid H-1B visa

There may still be occasional cases where the applicability of the fee is unclear. We will continue to monitor for further updates from USCIS and other government agencies, and we’re available to help assess individual cases as needed.

Employers should work with their immigration counsel to determine the appropriate filing strategy for their employees and candidates. Employers should also take the necessary steps to ensure a compliant workforce by timely filing necessary amendments and extensions. 

At this time, we advise caution if departing the U.S. While reports indicate that some H-1B applicants have successfully applied for visas and/or entered the U.S. since the proclamation’s effective date, individuals may still face pushback from consulates and border officers confused about the proclamation’s requirements.     

If you have an urgent/immediate need to travel, please reach out to your legal team directly.     

The government’s guidance clarifies that the proclamation “does not prevent any holder of a current H-1B visa from traveling in and out of the U.S.” Early reports indicate that H-1B applicants have successfully entered the U.S. since the proclamation’s effective date, but you may still face pushback from border officers confused about the proclamation’s requirements.  

You may proceed with your visa appointment with caution and keep in close touch with your immigration team for legal updates, so you may postpone if needed. While there are reports of successful H-1B visa applications at consulates since the proclamation took effect, the inconsistent guidance regarding the applicability of the $100,000 fee may result in confusion, delays, and/or potential visa rejection. 

The proclamation provides an exception to the restriction on entry and the $100,000 fee for “any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the U.S.”

USCIS has clarified that exemptions to the $100,000 fee will be granted only in “extraordinarily rare” circumstances. To qualify, the Secretary of Homeland Security must determine that:

• The beneficiary’s presence in the U.S. is in the national interest
• No U.S. worker is available to fill the same job
• The beneficiary does not pose a threat to the U.S.
• Requiring payment of the fee would significantly undermine U.S. interests

USCIS has established an email address for requesting such exemptions, but has not yet provided guidance on what types of documentation may be considered satisfactory. As of now, the process and criteria for applying remain unclear and we will continue to monitor for further updates.

Section 4 of the proclamation states that: “The Secretary of Labor shall initiate a rulemaking to revise the prevailing wage levels to levels consistent with the policy goals of this proclamation.” Thus, while there are no immediate impacts to prevailing wages, a separate rule proposal from the Department of Labor may be forthcoming. 

According to its guidance, the government intends the $100,000 fee to apply to the 2026 (FY2027) H-1B lottery. When combined with related changes, including an increase to prevailing wage levels and prioritization of individuals at higher wage levels, the proclamation could significantly change the lottery process. 

On December 12, 2025, California Attorney General Rob Bonta filed a lawsuit against the Trump administration’s $100,000 H‑1B fee, arguing it exceeds congressional authority and worsens labor shortages in healthcare, research and technology. Massachusetts Attorney General Andrea Joy Campbell joined the coalition, emphasizing that excessive fees and funding threats undermine universities, hospitals and employers that rely on global talent. For further details on the lawsuit, visit our news alert.

On October 3, 2025, a coalition of healthcare, labor, academic and religious groups filed a federal lawsuit in California challenging President Trump’s $100,000 fee on new H-1B petitions. The case, Global Nurse Force v. Trump (No. 3:25-cv-08454), argues the fee is unlawful, unconstitutional and exceeds presidential authority. Plaintiffs argue that it harms hospitals, schools, and small businesses and violates the Administrative Procedure Act. For further details on the lawsuit, visit our news alert.

Additionally, the U.S. Chamber of Commerce sent a letter to the Secretary of Commerce urging the administration to reconsider the fee, citing serious harm to U.S. businesses and talent pipelines. Then, on October 16, 2025, the U.S. Chamber of Commerce filed a separate federal lawsuit in Washington, D.C., challenging the same $100,000 H-1B visa fee. The Chamber argues the fee violates immigration law, exceeds presidential authority and threatens U.S. economic competitiveness. For more information on the lawsuit, please visit our news alert.

While the government has not provided a full timetable for resolving all outstanding questions, USCIS released additional guidance on October 20, 2025, addressing key topics such as exemptions, payment requirements, and the payment process. However, the agency has not yet clarified several important details, including how it will apply the fee to change of employer and amendment petitions, and what documentation applicants must submit for exemption requests.

As agencies begin implementing the policy and confronting these questions in practice, we expect further clarification in the coming weeks. We will continue to monitor updates closely and share new information as it becomes available.