Who Pays the $100,000 H-1B Fee? USCIS Finally Offers Clarity

2 min read

10/20/2025

After weeks of confusion, U.S. Citizenship and Immigration Services (USCIS) has finally released detailed guidance on the controversial $100,000 H-1B visa fee announced in President Trump’s September 19, 2025, executive proclamation.

This guidance aims to settle pressing questions employers have been asking ever since the fee was introduced—but it also raises new concerns.

Who Pays the $100,000 H-1B Fee? USCIS Finally Offers Clarity

What Is the $100,000 Fee All About?

The fee was introduced as part of a sweeping presidential proclamation targeting H-1B visa applicants. But until now, employers weren’t sure when the fee applies, who exactly has to pay it, or whether there were any ways to be exempt.

Now, with USCIS’s new memo (released October 20), the rules are a bit clearer—though certainly not simpler.

When the Fee Applies

According to USCIS, the $100,000 H-1B fee only applies to new petitions filed on or after 12:01 AM ET, September 21, 2025, for people who are outside the U.S. and don’t already have a valid H-1B visa.

It also applies to petitions that:

Request consular processing
Request port of entry notification
Or involve pre-flight inspection for someone currently in the U.S.

This is a big relief for many U.S. employers and international students: Change of status applications from within the U.S. are exempt. So, if someone is switching from F-1 to H-1B without leaving the country, the $100k fee doesn’t apply.

How to Pay the Fee

For those who do have to pay, USCIS says the payment must be made through Pay.gov. You’ll need to use a specific form labeled “H-1B VISA PAYMENT TO REMOVE RESTRICTION.”

What If You Already Have an H-1B?

No worries. The $100k fee does not apply to:

People with valid existing H-1B visas
Amendments, extensions, or status changes filed within the U.S.
Petitions filed before September 21, 2025

Even if the person later leaves the U.S. and returns using that valid visa, they’re still not subject to the fee.

Bottom Line

This new USCIS guidance answers some—but not all—questions. It confirms that the $100,000 fee targets new overseas filings, not domestic change of status cases. But it also introduces more red tape and stricter language around exceptions than many employers were expecting.

With lawsuits already filed by the U.S. Chamber of Commerce and others, the legal battle over this policy is far from over. But for now, at least, the rulebook is (somewhat) clearer.

Source: Who Pays the $100,000 H-1B Fee? USCIS Finally Offers Clarity