📌 What Happened
The United States Citizenship and Immigration Services (USCIS) issued detailed guidance on October 20 clarifying who must pay the newly-introduced one-time $100,000 supplemental fee associated with certain H-1B visa petitions. Forbes
- The fee stems from the Proclamation on Restriction on Entry of Certain Nonimmigrant Workers signed September 19 2025. AP News
- Key clarifications: the $100K fee applies only to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. or those requesting consular processing or pre-flight inspection. OISS
- Petitions for amendment, extension, or change of status within the U.S. are exempt, provided they are approved. International Center
- Employers must pay the fee before filing the petition via Pay.gov and include proof of payment with the filing. Omitting payment (when required) will lead to a denial. OISS
💡 Why It Matters
- For foreign-nationals & their employers: The guidance offers a clearer roadmap and relieves many existing visa holders or U.S.-based change-of-status applicants of the $100K fee burden.
- For U.S. businesses: Especially startups and smaller firms, the financial barrier may reshape hiring strategies for foreign skilled workers. Giants in tech and academia are already reassessing cost-benefit decisions. San Francisco Chronicle
- The policy marks a significant tightening of the H-1B program’s cost structure and may influence how the U.S. competes for global talent.
🔑 What’s Changing?
- Affected: New H-1B petitions filed on/after Sept 21 2025 for beneficiaries abroad or requiring consular processing/POE notification.
- Not affected (exempt):
- H-1B holders already in status before Sept 21, 2025. Reuters
- U.S.-based petitions for change of status, extension or amendment (if approved) filed on/after Sept 21.
- Payment & filing requirements: Fee must be paid upfront; proof included; petitions missing payment will be denied.
- Exception route: Employers may seek an exemption only in “extraordinarily rare” cases where the worker’s employment is clearly in the U.S. national interest. Forbes
⚠️ Important-to-Know
- Filing before Sept 21 2025 avoids the fee—but be sure you meet the eligibility window.
- If a U.S.-based change of status petition is denied or approved with consular processing, the fee may kick in. Serotte Law
- Legal challenges are already underway; the fee’s full impact and longevity remain uncertain.
📲 Learn More
USCIS Alert: “Presidential Proclamation … on Restriction on Entry of Certain Nonimmigrant Workers” — https://www.uscis.gov/newsroom/alerts/presidential-proclamation-on-restriction-on-entry-of-certain-nonimmigrant-workers USCIS
CBS News: “Who must pay $100,000 H-1B fee?” — https://www.cbsnews.com/news/100000-h-1b-visa-fee-who-pays/ cbsnews.com
