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HomeNewsUSCIS Update: Clarification on $100,000 H-1B Fee

USCIS Update: Clarification on $100,000 H-1B Fee

October 23, 2025

USCIS has clarified that the new $100,000 H-1B fee will apply only to petitions filed on or after September 21, 2025, for candidates outside the United States seeking consular or port-of-entry processing. Petitions for individuals already in the U.S., including changes of status, extensions, and changes of employer, are not subject to this fee.

The full update is available here: USCIS H-1B Specialty Occupations under the dropdown titled “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”

Key Highlights:

  • The fee does not apply to petitions for individuals already in the U.S. seeking a change of status, change of employer, or extension of status.
  • If a change or extension of status is approved, and the individual later departs and applies for an H-1B visa abroad, no fee is required to obtain the visa.
  • The $100,000 fee applies to H-1B petitions filed on or after September 21, 2025, for individuals outside of the U.S. requesting consular or port-of-entry notification.
  • If USCIS denies a change or extension of status (but approves the underlying petition, converting it to a consular case), the fee then becomes required.

National Interest Exceptions
USCIS introduced a process to request “national interest exceptions” via email; however, criteria, required documentation, and adjudication timelines remain undefined. Exceptions will reportedly be granted only in extraordinarily rare circumstances where requiring payment would “significantly undermine the interests of the United States.” At this time, there is no indication of industry-wide exceptions.

Ongoing Litigation
Two lawsuits have been filed challenging the Presidential Proclamation, including one by the U.S. Chamber of Commerce. The timeline for any judicial action remains uncertain.

We will continue to monitor developments closely and share updates as new information becomes available. For questions or clarification, please contact our office at vis_scholar@stonybrook.edu.

Kind regards,

Lindsi Walker
Senior Associate Provost, Office of Global Affairs

Meghan Gambino
Assistant Dean, Visa and Immigration Services