H-1B visa: Not every applicant needs to pay $100,000 fee, USCIS clarifies

USCIS clarifies new $100,000 H-1B visa fee rules, detailing who must pay, who is exempt, how to pay online, and when rare exceptions may apply

Thousands of Indian professionals and US employers now have more clarity on the controversial $100,000 H-1B visa fee, after the US Citizenship and Immigration Services (USCIS) issued detailed guidance on its implementation. The update, released following a presidential proclamation on September 19, explains who must pay the fee, when it applies, and how employers can seek rare exemptions.

 

H-1B visa fee: Who pays and who is exempt

 

Who must pay the $100,000 H-1B Visa fee

• New H-1B petitions filed on or after September 21, 2025.

• Petitions for workers outside the United States without a valid H-1B visa.

• Petitions requesting consular or port of entry notification for workers in the US.

• Petitions where a change of status or extension request is denied.

 

Who is exempt

• H-1B holders with currently valid visas.

• Petitions submitted before 12:01 a.m. EDT on September 21, 2025.

• Petitions seeking an amendment, change of status, or extension of stay inside the United States where approval is granted.

 

The proclamation, which took effect on September 21, 2025, imposed a $100,000 payment requirement on certain H-1B visa petitions, sparking confusion among technology firms and US employers that rely heavily on Indian talent. The H-1B programme continues to be the primary route for high-skilled professionals from India to work in the United States.

 

“The proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” said USCIS on Monday. “It also applies if a petition filed on or after that time requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”

 

Change of status petitions exempt

 

The agency confirmed that petitions filed to change or extend status within the United States are exempt from the $100,000 fee.

 

“The proclamation does not apply to a petition requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension,” said USCIS. “Further, an alien beneficiary of such petition will not be subject to the payment if they later depart the United States and apply for a visa based on the approved petition or seek to re-enter using a current H-1B visa.”

 

When the fee becomes mandatory

 

The fee becomes due if the requested change or extension is denied, or if the worker departs the United States before a decision is made.

 

“If USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay, for instance, if the person is not in a valid non-immigrant status or leaves the country before adjudication, the proclamation will apply, and the payment must be made,” the agency explained.

 

The fee also does not apply to H-1B holders with valid visas or to petitions submitted before September 21, 2025.

 

“The proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025,” USCIS confirmed.

 

How employers must pay

 

Employers are required to pay the fee online through the federal government’s payment portal.

 

“Petitioners should submit the required $100,000 payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176," said USCIS.

 

Exceptions are ‘extraordinarily rare’

 

USCIS noted that waivers are extremely limited and may only be granted by the Secretary of Homeland Security under “extraordinary circumstances”.

 

“Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the employer to make the payment would significantly undermine US interests,” the guidance said.

 

Employers seeking such an exception must send their requests and supporting documents to H1BExceptions@hq.dhs.gov.

 

Legal challenges to the fee

 

Since its rollout, the $100,000 fee has triggered multiple lawsuits against the Trump administration. The US Chamber of Commerce, a leading business advocacy group, was the latest to sue, arguing the policy is unlawful and would harm American companies.

 

The Chamber said the fee “would cripple small and mid-sized businesses” and claimed that the president had exceeded his legal authority, as “fee-setting is a congressional power”.