USCIS Issues Updated Guidance on the Scope of the New $100,000 H-1B Fee

USCIS issued guidance stating which H-1B visa applicants are subject to the $100,000 fee mandated by President Trump’s Proclamation. The fee will apply to new petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. without a current valid H-1B visa and for petitions requesting consular notification, port of entry notification, or pre-flight inspection for an alien in the United States. The fee does not apply to current visa holders or approved petitions for change of status, amendment, or extension of stay within the U.S. The guidance also highlights a narrow exception to the $100,000 fee in rare cases deemed to be in the national interest.