USCIS Clarifies Responsibility for $100,000 H-1B Fee Payment

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USCIS Clarifies Responsibility for $100,000 H-1B Fee Payment

The U.S. Citizenship and Immigration Services (USCIS) has recently released new guidelines regarding the applicability and payment of the $100,000 fee associated with H-1B visas. This fee, introduced during a presidential proclamation on September 19, 2025, has raised numerous questions among employers about its implementation.

Clarification on the $100,000 H-1B Fee Payment

The USCIS guidance, published on October 20, 2025, specifies that the fee applies to new H-1B petitions submitted after 12:01 a.m. EDT on September 21, 2025. This includes petitions for individuals who are outside the U.S. and do not hold a valid H-1B visa. However, the fee is not applicable for petitions requesting a change of status for individuals already in the U.S.

Exemptions to the Fee

The fee does not apply to individuals changing from one nonimmigrant category to another without exiting the country.
Pursuant to the guidelines, exceptions may be granted if the Secretary of Homeland Security identifies a national interest in the employment of the proposed H-1B worker.

Background of the Fee Implementation

Many employers found the $100,000 fee confusing, as previous federal communications failed to provide clarity. This ambiguity has resulted in legal challenges, including a lawsuit filed by the U.S. Chamber of Commerce on October 16, 2026, following an earlier complaint on October 3, 2025.

High-skilled H-1B visa holders play a crucial role in the U.S. economy, especially in sectors such as engineering, where international students make up 73% of graduate enrollments in electrical and computer engineering programs.

Criteria for Exception Requests

The new USCIS regulations establish stringent criteria for requesting exceptions to the $100,000 fee. Employers may petition for an exception if they can demonstrate that:

The position is in the national interest.
No American worker is available to fill the role.
The foreign worker does not pose a security threat.
Imposing the fee would undermine U.S. interests.

Employers wishing to seek an exception must submit detailed evidence to USCIS via email.

Payment Process for the H-1B Fee

USCIS has outlined the procedure for making the $100,000 payment. Employers are instructed to utilize pay.gov to submit the fee as part of their H-1B petitions. Detailed instructions can be found on the USCIS website.

While the recent guidance aims to clarify the applicability of the $100,000 H-1B fee, it remains to be seen how employers will respond to these changes. The complexity surrounding this fee continues to be a concern for many organizations hiring international talent.