The United States Citizenship and Immigration Services (USCIS) has released new guidance regarding the implementation of a significant fee associated with H-1B visa petitions. Effective from 12:01 a.m. ET, September 21, 2025, a $100,000 fee will apply to certain new H-1B petitions, primarily targeting beneficiaries located outside the United States who do not currently hold valid H-1B visas.
The regulations specify that petitioners submitting new H-1B applications on or after the effective date must pay this fee if they are requesting consular notification or pre-flight inspection for beneficiaries situated inside the U.S. It is crucial for petitioners to ensure that this fee is paid before filing, as proof of payment must accompany the petitions—those that lack this documentation will be denied.
Who Is Subject to the Fee?
The $100,000 fee applies to petitioners filing new H-1B petitions on or after the specified date for beneficiaries outside the U.S. Additionally, it affects those petitions requesting notifications for individuals within the U.S. However, several exemptions exist. Beneficiaries who already possess valid H-1B visas are exempt, as are petitions submitted prior to September 21, 2025. Furthermore, petitions requesting amendments, changes of status, or extensions for beneficiaries already lawfully present in the U.S.—such as F-1 students transitioning to H-1B status—are also exempt, provided that USCIS approves the change.
If USCIS does not grant the change of status, the petition will then be subjected to the new fee. This shift indicates a notable financial burden for many petitioners, particularly those seeking to employ highly skilled foreign workers.
Limited Exceptions and Ongoing Litigation
There are very few exceptions to this rule. The Department of Homeland Security will consider exceptions only in cases where the presence of the worker is deemed to be in the national interest, where no qualified U.S. worker is available, and where the fee payment would undermine U.S. interests. For such requests, supporting evidence must be sent to [email protected].
The introduction of this fee has prompted legal challenges, with litigation currently underway to assess the legality of the $100,000 fee. As this situation evolves, stakeholders in the immigration and employment sectors are closely monitoring the implications of these new regulations.
