$100k Fee
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      $100k H1B Fee

      What we know as of Tuesday, October 21

      Update: We have created this flowchart to help you determine when the fee applies under the guidance released on October 21.

       

      Tuesday, October 21

      New guidance has been published on the USCIS website clarifying who the fee applies to. The guidance makes it clear that the determining factor in the application of the fee is whether the petition requests a change, extension, or amendment of status (only available for people currently in the US), or requests consular notification (regardless of whether the person is in the US or not). Applications approved for change, extension, or amendment while the applicant is in the US will not be subject to the fee. All others will.

      In detail, the guidance states that the $100k H1B fee applies to petitions filed on or after September 21, 2025 where the beneficiary:

      1. is outside of the US AND does not have an unexpired H1B visa,
      2. is in the US, but the petition requests consular notification,
      3. is in the US and the petition requests a change, extension, or amendment of status, but USCIS finds that the beneficiary has not properly maintained status, or
      4. is in the US and the petition requests a change of status, but the beneficiary leaves the US before the petition is approved.

      Most notably, this list includes beneficiaries who are applying to reclaim unused H1B time from outside of the US. Based on guidance published on social media, we had hoped that these applicants would be exempt, but the new guidance clarifies that they are subject.

      The list clarifies that the fee DOES NOT apply to:

      1. previously issued and currently valid H-1B visas,
      2. petitions submitted before September 21, 2025, or
      3. petitions submitted after September 21, 2025, where the beneficiary is inside of the US and is granted an extension, amendment, or change of status.

      2026 LOTTERY APPLICANTS IN THE US: This guidance clarifies that people who enter the H1B lottery in 2026 will NOT be subject to the fee if they are physically in the US properly maintaining status, and apply for a change of status. People working in OPT status who win the lottery will be able to apply for H1Bs as usual without being subject to the fee.

      TRAVEL: The guidance clarifies that a person whose petition for a change, extension, or amendment of status was approved while they were in the US will be able to travel internationally, apply for an H1B visa, and return without being subject to the fee. This is true regardless of whether the petition was filed before or after September 21.


       

       

       

      Tuesday, October 7, 12:45pm EDT

      Early reports from the first batch of extension and change of employer petitions filed after September 21 indicate that these cases are being approved as usual without mention of the $100k fee.

      Lawsuits have been filed using a number of legal arguments, including that the administration bypassed the requirements of the Administrative Procedure Act in issuing the proclamation, and that only Congress has the authority to make a change of this magnitude. We will track the status of these lawsuits on this page.

       

      Tuesday, September 23, 11:25am EDT

      Although memos and social media posts from various government sources have been published over the last few days, the language used is inconsistent, and it's unclear if certain terms are being used for their technical legal or colloquial meanings.  Details of how the new rule will apply in different scenarios remain unclear.

      What we can say for sure:

      • All petitions received by USCIS before Sept 21 (even if they remain pending) are not subject to the new rule. 
      • H1B visa holders who have a currently valid H1B visa printed in their passport may continue to travel freely until that visa expires.
      • Based on experience with our own clients and reports from other attorneys, people with petitions approved prior to September 21 were approved as usual for H1B visas at their consular interviews on Monday, September 22, without reference to the new rule.
      • The $100k fee will apply to new lottery petitions filed in the Spring of 2026 for people who are physically outside of the US at that time.

      Questions that remain unanswered:

      • Whether the fee will apply to lottery petitions for people who are physically in the US (in F1 OPT or other statuses) at the time of filing. The legal basis for the proclamation is INA 212(f), which applies to entry into the US, and the proclamation specifically references people who are outside of the US, but no confirmation of this interpretation has been issued. 
      • If the fee does not apply to lottery applicants who are in the US at the time of filing, will it apply to them if they leave the US and attempt to apply for an H1B visa to return?
      • Will it apply to change of employer, amended, and extension petitions filed after September 21? Will it apply to change of status petitions filed for someone who is physically inside the US?
      • If not, will it apply when these people need to travel internationally and obtain a visa?

      We will continue to keep you posted as more information becomes available!

       

      Sunday, September 21, 9:20am EDT

      An official CBP memo states that the order applies to any new petition filed after 12:01am EDT on September 21, contradicting earlier social media posts from White House staff saying that it would apply only to the 2026 lottery. Early morning reports from the airports indicate H1B visa holders are being admitted without issue. While it remains unclear how new petitions or visa applications for current H1B visa holders will be treated in the coming months, it seems that all currently valid visas and petitions can continue to be utilized as usual.

       

      Saturday, September 20, 5:50pm EDT:

      Multiple members of the White House press staff have clarified on social media that the proclamation does not apply to anyone who has already been granted H1B status, whether or not they are inside or outside of the US. It appears the proclamation is aimed only at new applicants in the March 2026 H1B lottery.

       

      Saturday, September 20, 7:20am EDT:

      On September 19, 2025, President Trump issued a proclamation requiring payment of a $100k fee for anyone seeking to enter the US in H-1B status. The proclamation is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

      Details regarding implementation have not yet been released, but here is what we know:

      • The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.
      • The proclamation impacts H-1 B workers who are physically outside of the US at that time.
      • It does not appear to impact H-1B workers who are physically in the US at that time, but it could impact those who subsequently leave and try to reenter the US in H-1B status.
      • USCIS will not adjudicate petitions for H-1B workers who are currently outside of the US unless they are accompanied by proof that the $100,000 fee has been paid.
      • Extensions of stay inside the U.S., including change of employer, change of status, and amended petitions, appear to be exempt.

      Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. to allow H1B workers to enter. It is not yet clear how this exception may be applied for.