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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

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For employers planning H-1B hires, or those with current H-1B employees, updated U.S. Citizenship and Immigration Services (USCIS) guidance provides much-needed clarity on when the new $100,000 H-1B payment is required and when it is not.

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The fee stems from President Trump’s Proclamation issued on Sept. 19, 2025, and applies to certain H-1B petitions filed on or after 12:01 a.m. EDT on Sept. 21, 2025. The original Proclamation was broad and vague, offering little direction to immigration practitioners, employers or H-1B workers. Since then, only limited information had been released. The latest USCIS guidance resolves most lingering questions. While some uncertainty remains, the new clarification significantly narrows the circumstances where the $100,000 payment is triggered and confirms that many routine filings are not subject to the fee.

Petitions approved for a change of status, an extension of stay or an amendment for foreign nationals in the U.S. are not subject to the fee.

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Consular notification filings made after Sept. 21, 2025, are generally subject to the fee, even if the beneficiary is physically in the U.S. at the time of filing.

National interest exceptions exist but require meeting a very high standard and are being adjudicated on a case-by-case basis.

Litigation challenging the Proclamation is pending and may affect implementation.

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What the Proclamation Covers

The Proclamation targets certain new H-1B petitions filed on or after Sept. 21, 2025. USCIS guidance explains that the fee is required when a petition is filed for a beneficiary who is outside the U.S. and does not already hold a valid H-1B visa.

The fee is also required when a petition requests consular notification, port of entry notification or pre-flight inspection, regardless of where the beneficiary is located at the time of filing. In addition, if a petition seeks a change of status, amendment or extension of stay but USCIS determines that the beneficiary is ineligible for that requested action, the case becomes subject to the fee and cannot be approved until the payment is made.

Filings That Do Not Trigger the Fee

Not every H-1B filing after Sept. 21, 2025, will require the $100,000 payment. USCIS guidance identifies several common situations where the fee does not apply, providing important relief for employers and H-1B workers.

Petitions filed before Sept. 21, 2025. Any petition submitted prior to the effective date is exempt from the new rule.

Approved changes of status, amendments and extensions of stay. If USCIS grants the requested action for a beneficiary inside the U.S., no fee is required.

Subsequent travel or visa issuance. When a worker remains in valid H-1B status and USCIS approves an in-country transfer that includes an extension of stay, the $100,000 fee does not apply and the beneficiary may secure a new H-1B visa abroad.

Employers who can structure filings as in-country changes, extensions or amendments can generally avoid this additional cost.

National Interest Exception

USCIS indicates that fee waivers will be granted only in extraordinarily rare circumstances for specific individuals. To qualify, the employer must establish:

The individual’s presence in the U.S. in H-1B status is in the national interest.

No U.S. worker is available to fill the role.

The individual does not pose a threat to U.S. national security or welfare.

Requiring the payment would significantly undermine U.S. interests.

Requests must be submitted in advance and include comprehensive supporting documentation. Employers seeking this exception may send materials to <a href="mailto:H1BExceptions@hq.dhs.gov" target="_blank" rel="noreferrer noopener">H1BExceptions@hq.dhs.gov</a>.

When required, the $100,000 payment must be made before filing the petition with USCIS. Petitioners should use <a href="https://www.pay.gov/public/form/start/1772005176" target="_blank" rel="noreferrer noopener">pay.gov</a> and retain proof of payment. USCIS expects a copy of the payment confirmation or evidence of a granted national interest exception to be included in the initial filing.

If USCIS denies a petition, the online payment form indicates that the full fee will be refunded.

Several lawsuits have been filed challenging the Proclamation, including by major business groups. Interim court orders could affect timing or implementation. Employers should document decisions and preserve flexibility as the legal landscape continues to evolve.

Action Steps for Employers

Map upcoming H-1B needs and prioritize in-country changes of status, amendments or extensions where possible.

Avoid consular notification when a viable in-country approval path exists.

Consider the national interest exception only for exceptional, well-documented cases.

Continue monitoring agency updates and litigation developments that may affect applicability or timing.

Our team can help assess case strategy, prepare compliant filings, evaluate exception eligibility, coordinate payment logistics and manage downstream visa or travel steps consistent with the new framework.

Talent Without Borders

Partner

Sarah R. Bileti

Associate

Christopher M. LeClair

Immigration

Updated USCIS Guidance: Understanding the New $100,000 H-1B Fee

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Updated USCIS Guidance: Understanding the New $100,000 H-1B Fee

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