Ahmedabad: The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance explaining how the $100,000 H-1B visa fee, following the presidential proclamation of September 19, will be implemented. The guidance outlines who must pay the fee, when it applies, and the limited circumstances under which exceptions may be requested.

Scope of the Proclamation

USCIS clarified on October 20 that the fee applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025, for beneficiaries outside the U.S. without a valid H-1B visa. It also applies to petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for individuals already in the U.S.

The fee exemption applies to the following categories:

• Current H-1B visa holders

• F-1 students transitioning to H-1B status while in the U.S.

• Any worker already in the U.S. on a valid nonimmigrant status filing for H-1B

• Physicians, doctors, and healthcare professionals

• National interest waivers, including fields like defense and artificial intelligence

• Universities, nonprofit research organizations, and government research entities

• All FY2026 H-1B lottery winners

Notably, petitioners seeking the exemption must submit a copy of evidence from the Secretary of Homeland Security at the time of filing the H-1B petition.

Furthermore, the fee does not apply to petitions for a change of status, amendment, or extension of stay for individuals currently in the U.S., as long as the request is approved. If such beneficiaries later leave the U.S. and apply for a visa or seek reentry under a valid H-1B, they are still exempt from the fee.

When Employers Must Pay

If a change-of-status, amendment, or extension request is denied—for instance, if the beneficiary is not in valid nonimmigrant status or departs before adjudication—the $100,000 fee becomes applicable and must be paid according to USCIS instructions.

USCIS emphasized that the fee does not affect holders of currently valid H-1B visas or petitions filed before September 21, 2025.

How to Pay the Fee

Employers must submit the $100,000 payment through the federal payment portal at pay.gov.

Rare Exceptions

Exceptions to the fee are extremely limited and can only be granted by the Secretary of Homeland Security. To qualify, the employer must demonstrate that the worker’s presence is in the national interest, no U.S. worker is available for the role, the worker does not pose a threat to U.S. security or welfare, and paying the fee would significantly harm U.S. interests. Requests with supporting evidence can be submitted to H1BExceptions@hq.dhs.gov.