The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance explaining who must pay the controversial $100,000 H-1B fee, how to pay it, and how to apply for exemptions.
The fee was introduced through a presidential proclamation on September 19, 2025, and has caused widespread confusion among employers because earlier federal guidance did not clearly explain when the fee applies.
This has already led to legal challenges, including a lawsuit filed by the U.S. Chamber of Commerce on October 16, 2025, and another by a group of plaintiffs earlier that month.
The H-1B visa is one of the most important pathways for high-skilled foreign professionals to work in the United States. Many international students, especially in engineering and technology fields, depend on it to stay and work after graduation.
The United States issues 65,000 H-1B visas annually, with an additional 20,000 reserved for those with U.S. master’s degrees or higher. Employers already pay thousands of dollars in government fees and must also match prevailing wages for similar U.S. workers.
The introduction of an additional $100,000 fee has therefore sparked serious concerns in the business community.
According to the new USCIS guidance, the $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025, for individuals outside the United States who do not have a valid H-1B visa.
It also applies to petitions requesting consular or port of entry notification for individuals entering the country. However, the fee does not apply to “change of status” cases - for example, when someone already in the U.S. on an F-1 student visa switches to H-1B status without leaving the country.
“It says the fee only applies to cases filed for people outside the United States, so they can come in,” explained Dan Berger of Green & Spiegel. “Employers were nervous about doing change of status because the $100k might apply if they travel.”
USCIS also clarified that the fee does not apply to amendments, changes of status, or extensions for individuals already in the U.S. If an employee leaves the country after their status is approved and later reenters, they will not be charged the $100,000 fee.
However, the fee will apply if USCIS denies a change of status or determines the person is not in valid status. This means the fee mainly targets employers hiring foreign workers from outside the U.S., not those changing status domestically.
The new guidance provides more clarity but has not entirely calmed concerns. Many companies argue that the steep fee will make it harder to bring in skilled workers, especially for startups and small businesses.
The lawsuits challenging the fee are expected to play a key role in determining whether it remains in effect.
