US sets $100K H-1B fee on new outside-US petitions post Sept 21, 2025

The U.S. government on Monday clarified how a new $100,000 fee on certain H-1B work visas will be applied, saying the levy applies only to new petitions filed on or after 12:01 a.m. Eastern on September 21, 2025, for beneficiaries who are outside the United States and do not hold a valid H-1B visa. U.S. Citizenship and Immigration Services issued the guidance on October 20 to explain who must pay, when the charge takes effect and how rare exceptions may be requested.

Under the guidance, employers filing new H-1B petitions covered by the presidential proclamation must submit the $100,000 payment through the federal payment portal at the time of filing or provide evidence that the Secretary of Homeland Security has granted an exception. USCIS said petitions subject to the payment that are filed without proof of payment or of an approved exception will be denied. The agency emphasized that the fee does not apply to petitions submitted before September 21, 2025, or to holders of currently valid H-1B visas.

USCIS said the fee also does not apply to petitions filed at or after the effective time that request an amendment, change of status, or extension of stay for an individual inside...