U.S. Citizenship and Immigration Services (USCIS) has officially released new guidance explaining who must pay the $100,000 H-1B visa fee, how to make the payment, and when exceptions may apply. This update, issued following a September 19 presidential proclamation, finally answers key questions that employers and immigration attorneys have raised for weeks. The clarification comes amid legal challenges from the U.S. Chamber of Commerce and several employer groups who argue the new fee unfairly impacts businesses that depend on high-skilled foreign workers.

Understanding the $100,000 H-1B Fee and Its Scope

According to the latest USCIS guidance, the $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025, for workers outside the United States who do not already hold a valid H-1B visa. It also applies to petitions requesting consular processing or port-of-entry notification.

The good news for U.S. employers is that the fee does not apply to petitions filed for individuals already inside the United States, such as those changing from F-1 student to H-1B status or extending their existing H-1B stay. Immigration attorney Dan Berger of Green & Spiegel noted, “It says the fee only applies to cases filed for people outside the United States, so they can come in.”

In short, if an H-1B worker is applying from within the U.S., they’re not subject to the $100,000 fee—unless USCIS later denies the petition or determines the applicant wasn’t in valid status.

USCIS Clarifies Who Is Exempt From the $100,000 H-1B Fee

The U.S. immigration service guidance emphasizes that the proclamation does not affect previously approved or valid H-1B visas. Petitions filed before September 21, 2025, also remain exempt.

However, if USCIS finds that an applicant is not eligible for a change of status or leaves the country before a petition is approved, the fee may still apply. This nuance has created uncertainty for employers managing employee travel or timing H-1B filings around visa expirations.

To pay the fee, USCIS directs employers to use Pay.gov and select the form titled “H-1B Visa Payment to Remove Restriction.” Employers seeking to understand exemptions or the detailed payment process can find step-by-step instructions through the Pay.gov link provided in the guidance.

How to Request an Exception to the $100,000 H-1B Payment

For the first time, USCIS has outlined how employers can request an exception to the $100,000 payment. The process is described as “extraordinarily rare” and reserved for cases that meet a high national-interest threshold.

According to USCIS, an exception may be granted only if:

• The worker’s employment is in the national interest of the United States;

• No qualified American worker is available for the position;

• The worker poses no threat to national security or welfare; and

• Requiring the payment would significantly undermine U.S. interests.

Employers meeting these criteria can send requests and supporting evidence to [email protected]. However, legal experts warn that the narrow language—introducing terms like “extraordinarily rare” and “high threshold”—means very few petitions will qualify.

What the New H-1B Guidance Means for Employers

While the new immigration service guidance clarifies how the $100,000 H-1B fee works, it doesn’t resolve employer concerns about cost and competitiveness. For many tech companies, universities, and research institutions that rely on H-1B workers, the fee adds another layer of financial strain—on top of existing government charges exceeding $6,000 per application.

As lawsuits progress and policy discussions continue, employers should consult with immigration counsel, review their hiring strategies, and track future USCIS updates closely. The new guidance may answer some questions, but the debate over the $100,000 H-1B visa fee is far from over.