In response to the Presidential Proclamation Restriction on Entry of Certain Nonimmigrant Workers announced on September 2025, the U.S. Citizenship and Immigration Services (USCIS) has released guidance on the application of the $100,000 H-1B Visa Fee.  

 Key Takeaways: 

• • Does not apply to individuals who already hold a valid H-1B visa.  

• • Current H-1B visa holders will not be subject to the fee for traveling in and out of the U.S.  

• • The fee does not apply to amendments, changes of status, or extensions of stay filed for individuals already within the U.S.  

• • Applies to H-1B applicants outside the U.S. who do not currently hold a valid H-1B visa and whose new H-1B petitions were filed on or after September 21, 2025.  

• • Also applies to petitions filed on or after September 21, 2025, that requested a consular notification, port of entry notification, or pre-flight inspection.  

• • It also applies to amendments, changes of status, or extensions petitions filed on or after September 21, 2025, if USCIS determines the individual is not eligible for the requested action.  

• • The Secretary of Homeland Security (DHS) has the discretion to grant a fee waiver if the petition is determined to be in the national interest and the position cannot be filled by a U.S. worker.  

• • When applicable, the $100,000 fee must be paid before filing the petition with USCIS. Petitions subject to the fee must include proof of fee payment.  

When the $100K H-1B Visa Does Not Apply  

• • Any current H-1B visa holder with a pending amendment, change or extension of status.   

• • Any individual with a valid H-1B status that travels abroad.  

• • Any individual currently within the U.S. in a non-immigrant status who seeks to change their status to H-1B (e.g., visa holders of F-1, OPT, CPT, TN, J-1, E-3, H-1B).  

When the $100K H-1B Visa Does Apply  

• • Any foreign individual that applies for the first time for a H-1B visa and is outside the U.S.  

• • Any foreign individual that applies for the first time for a H-1B visa within the U.S. but is not in a valid non-immigrant status (DACA, asylum applicants, refugee applicants, parolees).  

• • Any foreign individual who does not hold a H-1B visa and whose petition was filed on or after September 21, 2025, requesting a consular notification, port of entry notification, or pre-flight inspection.  

• • Any foreign individual who files an H-1B petition on or after September 21, 2025, requesting an amendment, change or extension of status, and whose request is denied by USCIS because they were not in a valid immigration status or departed the U.S. before USCIS made a decision.  

Exception:  

The DHS may grant an exemption from the $100,000 fee for workers whose employment in the U.S. is determined to be in the national interest, where no U.S. worker is available to fill the position, the individual poses no threat to U.S. security or welfare, and where requiring the petitioning employer to pay the fee would significantly undermine the interests of the United States. 

Best Practices and Important Considerations  

• • For individuals currently within the U.S. with a non-immigrant visa, keep track of the validity of your status to secure an H-1B visa before the expiration date of your current non-immigrant status.   

• • For current H-1B visa holders, keep track of the validity of your status to file an extension of status before the expiration of your current H-1B status.  

• • For current H-1B visa holders on their second 3-year term, aim to secure an approved I-140 petition before reaching the end of the 6-year H-1B limit.  

• • If a foreign individual reaches the 6-year H-1B limit without an approved I-140 petition and there is no other non-immigrant status available for a change of status, they may be required to depart the U.S. and could become subject to the $100,00 fee when filing a new H-1B petition.  

Farmer Law PC will continue to monitor developments with respect to these and other policy changes and will post updates on our blog as additional information becomes available.