Since the $100,000 H-1B fee proclamation was announced on September 19th, 2025, at 12:01 a.m., USCIS has slowly provided clarifications over the past few weeks. While many questions remain, on October 20th, USCIS offered further guidance, including the release of a payment portal for paying the fee and a pathway to request exemptions.
Updates on Who is Subject to the $100,000 H-1B Payment
The $100,000 payment applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries who:
- Are outside the United States and do not have a valid H-1B visa.
- Are inside the U.S., but the petition requests consular notification, port of entry notification, or pre-flight inspection.
The latest H-1B update from USCIS clears up confusion regarding the adjustment of status for nonimmigrant visa holders applying from within the United States, a relief for many students in the United States planning on entering the H-1B lottery from J-1/F-1 status.
“The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension.”
If the petition is denied due to ineligibility, however, the Proclamation will apply. This can occur if the alien is not in a valid non-immigrant status or if they depart the U.S. before the adjudication of a change of status request.
How to Make The Payment
- The required $100,000 payment must be submitted using Pay.gov. The specific payment link is: https://www.pay.gov/public/form/start/1772005176.
- Payment is required prior to filing the H-1B petition with USCIS.
- Petitioners must submit proof that the payment has been scheduled from Pay.gov (or evidence of an exception) at the time of filing.
- Petitions subject to the fee that are filed without this required proof will be denied.
The portal requests basic information about the beneficiary and provides petitioners with four bank transfer options for payment, from the following account types:
- Business Checking
- Business Saving
- Personal Checking
- Personal Saving
H-1B National Interest Exemption
The update reflects a very narrow pathway for an exception to the $100,000 payment. USCIS has stated that the waivers only apply in “extraordinarily rare circumstances.” To be eligible, beneficiaries and employers must overcome these four requirements:
- The beneficiary’s presence in the United States as an H-1B worker is in the national interest
- No American worker is available to fill the role
- The beneficiary does not pose a threat to the security or welfare of the United States
- Requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.
The exact specifications of who qualifies remain to be seen. While other visa categories like EB-2 NIW have specific guidelines, USCIS has yet to release information on how petitioners can prove the four points.
Nonetheless, USCIS has provided an email for petitioenrs to send their request and all supporting evidence to [email protected].
Key Takeaway for Clients
The future of the $100,000 H-1B fee remains uncertain as two federal lawsuits challenge its legality. While the outcome remains to be seen, many employers are likely to hold off on filing until the courts issue a decision.
This Proclamation creates a significant new barrier to entry for certain foreign workers and necessitates a thorough review of your hiring strategy and budget.
Our recommendations
- For any upcoming H-1B filings, immediately assess if the beneficiary is subject to the new payment requirement based on their current status and location.
- Factor in the mandatory $100,000 payment for all affected new hires.
- Account for the time needed to process the Pay.gov transaction before the petition can be submitted to USCIS.
- While we must proceed based on the current law, we are actively monitoring the litigation challenging this Proclamation. Court actions could potentially alter the landscape and filing requirements.
We are actively monitoring the implementation and any subsequent guidance from the Department of Homeland Security and USCIS. VisaNation will keep you apprised of the latest legal developments. Please reach out to our team immediately to discuss your specific H-1B needs and to ensure all future filings are compliant with this critical new Proclamation.
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