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Clarification on The 100k H1-B Visa Fee

27Oct
Ashleigh WrightImmigration updates 193

On October 21, 2025, U.S. Citizenship and Immigration Services (USCIS) released new guidance on the $100,000 H-1B fee established by the Presidential Proclamation of September 19, 2025.

Think of this fee as a tariff on the “importation” of foreign labor. Employers filing an H-1B petition on or after September 21, 2025, for a worker currently outside the United States must pay an additional $100,000 through pay.gov.

USCIS confirmed that this fee does not apply to H-1B petitions for employees already in the United States when their employer is seeking to change or extend their status. Crucially, even if that employee later travels abroad and applies for an H-1B visa at a U.S. Embassy or Consulate, the fee will still not be triggered.

In short, the fee applies only when an employer uses an H-1B petition to bring a foreign national into the United States. Employers extending the stay of current H-1B workers, as well as those sponsoring F-1 students, H-4 EAD holders, or other nonimmigrants for a change of status to H-1B, are exempt. These filings are considered internal changes of status rather than new entries.

However, H-1B portability cases may be affected. Workers moving to a new employer have a 60-day grace period after becoming unemployed to secure new employment, change status, or depart the U.S. If that window closes and the worker falls out of status, they would need a visa application abroad, triggering the $100,000 fee. To reduce risk, employers hiring H-1B workers should verify that candidates are still within their 60-day grace period and ideally have been unemployed no longer than 45 days, allowing sufficient time to prepare and file the petition before the grace period ends.

Lastly, H-1B workers who are extending their stay or nonimmigrants changing status to H-1B should avoid international travel while their petition is pending. Departing the U.S. could lead USCIS to deem the change or extension request abandoned, forcing consular processing and activating the $100,000 fee.

Source: Belina Calderon-Nernberg

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