As you know, on September 19, 2025, President Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which introduced a $100,000 fee associated with the H-1B visa program.
The United States Citizenship and Immigration Services (USCIS) has now released guidance on the implementation of the $100,000 fee, including the following information:
The fee does not apply to:
- F-1 students changing status to H-1B
- Current H-1B holders seeking amendments, extensions, or employer changes
- Petitions filed before September 21, 2025
The fee does apply to:
- New H-1B petitions for candidates outside the U.S.
- Petitions requesting consular or port-of-entry notification
- Petitions denied due to ineligibility for change of status
Employers must include proof of payment or exemption with each petition. Exception requests must be submitted to [email protected] with full documentation. These exceptions are rare and subject to DHS discretion.
The complete guidance can be accessed here.