H-1B Visa Update: USCIS Outlines Payment Process and Rare Exemption Rules

The US Citizenship and Immigration Services (USCIS) has issued detailed guidance clarifying which employers must pay the newly introduced $100,000 H-1B visa fee, who qualifies for exemptions, and how to apply for them. The clarification follows the presidential proclamation issued on September 19, which sparked confusion among US employers and immigration attorneys.

Who Must Pay the Fee

According to USCIS, the $100,000 fee applies to new H-1B visa petitions filed on or after September 21, 2025 (12:01 a.m. EDT), on behalf of beneficiaries outside the United States who do not hold a valid H-1B visa.

The rule also covers petitions that request consular notification, port of entry notification, or pre-flight inspection for individuals in the US.

Who Is Exempt

The fee does not apply to:

• Petitions requesting change of status, amendment, or extension of stay for H-1B workers already inside the United States, provided the request is approved.
• Workers with currently valid H-1B visas or petitions filed before September 21, 2025.

If a change of status or extension request is denied, or if the beneficiary departs the US before USCIS adjudicates the petition, the employer will still be required to pay the $100,000 fee.

Payment Process

Employers must submit the payment through the federal government’s official portal, pay.gov, following USCIS instructions.

Rare Exceptions

USCIS confirmed that exemptions are “extraordinarily rare” and may only be granted by the Secretary of Homeland Security in specific national-interest cases.

To qualify, employers must demonstrate that:

• The worker’s presence in the US serves the national interest.
• No qualified American worker is available for the role.
• The worker poses no threat to national security or welfare.
• The payment would significantly undermine US interests.

Requests for such exemptions, along with supporting documentation, should be sent to [email protected]

.Key Takeaways for Employers

• $100,000 fee applies only to new petitions for workers outside the US filed after September 21, 2025.
• Change-of-status and extension petitions inside the US are exempt unless denied.
• Current H-1B visa holders are unaffected.
• Fee payments must be made through pay.gov.
• Exception requests can be sent to [email protected] under extraordinary circumstances.