When did the H-1B $100,000 fee go into effect?
September 21, 2025 at 12:01a.m. eastern daylight time.
Does the Proclamation create an annual fee or a one-time fee?
The Proclamation created a one-time fee of $100,000 per H-1B petition. Reports that the fee was annual, meaning $300,000 for a three-year H-1B, are incorrect.
Are there any exemptions from the $100,000 fee? (National Interest Exemption or NIE) The Proclamation allows the USCIS to waive the $100,000 fee for certain cases, companies, or occupations where the USCIS determines:
• The H-1B employee’s work is in the national interest, and
• Their admission would not pose a threat to US security or welfare.
No specific guidance has been issued yet on how to apply for a national interest exemption, or which industries or companies might qualify, although that guidance is expected shortly.
An employee currently holds an H-1B. The employee was outside the US on September 19,
2025. When the employee returns to the US, will the $100,000 fee need to be paid?No, the Proclamation does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
Does the $100,000 fee need to be paid for H-1B cap-subject workers who have not yet entered the US?
No, the Proclamation does not require a $100,000 fee payment on H-1B cap cases submitted earlier this year. The Proclamation requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
Does the $100,000 H-1B fee need to be paid for H-1B cap-subject petitions where the employee is in the US in F-1 status working on OPT and our company filed an H-1B before September 20, 2025. The H-1B case is pending with USCIS.
No, the Proclamation does not apply to any H-1B petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.
We are an H-1B cap-exempt employer, and we plan to file H-1B applications with USCIS in the next few weeks to sponsor foreign nationals who are currently overseas. Will our cases be subject to the $100,000 H-1B fee?
Yes, the Proclamation requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. However, this filing may be filed with a NIE, waiving the additional $100,000 filing fee.
My employee is inside the US working on OPT. We plan to file an H-1B cap-exempt case for this F-1 OPT employee. When the employee changes status from F-1 to H-1B, will we be charged the $100,000 H-1B fee?
Yes, the Proclamation applies to any H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. Again, this filing may be filed with a NIE, waiving the additional $100,000 filing fee.
An H-1B worker has a valid H-1B visa stamp in their passport. The H-1B worker plans to travel internationally later this year. Will this employee be assessed a fee of $100,000 when the H-1B worker returns to the US?
No, the Proclamation does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
Will H-1B transfer petitions be subject to the $100,000 fee? H-1B transfer petitions are filed when H-1B workers transfer their employment from one H-1B sponsor to another. Mostly likely not the Proclamation and subsequent guidance do not discuss transfer cases explicitly. However, since individuals transferring their H-1B from one company to another have already been approved for an H-1B before September 20, 2025, the H-1B transfer should not be subject to the $100,000 fee.
An H-4 spouse is currently outside the US but plans to enter the US on an H-4 soon. Will the spouse be required to pay $100,000 when entering the US?
No, the Proclamation does not apply to H-4 dependents. The Proclamation only applies to H-1B applicants.
Will H-1B extension petitions be subject to the new $100,000 fee?
No, the Proclamation does not change any payments or fees required to be submitted in connection with H-1B renewals.
Has any legal action been filed against the Proclamation?
Lawsuits challenging the Proclamation are likely and may request an emergency block of the Proclamation and the implementation of the fee.
