USCIS Issues Guidelines on the New H-1B Fee
On October 20, 2025, USCIS guidelines on the new H-1B fee were issued on the September 19, 2025 Presidential Proclamation restricting the entry of certain nonimmigrant workers unless the employer has paid a $100,000 fee for the sponsored employee.
This new USCIS guidance appears to clarify who is subject to the $100,000 fee, how and when to pay the fee, and establishes a high threshold for eligibility for the national interest exception.
We are continuing to work to confirm our interpretation of this new guidance and follow any new developments as they are issued. We will continue to keep you informed on this issue at ISSO News.
Frequently Asked Questions (will be updated as we learn more):
Who IS subject to the $100,000 payment?
Based on this new guidance, it appears that new H-1B petitions filed after the Proclamation effective date and approved as a consular notification (i.e., H-1B status must be obtained upon entry to the U.S.) will be subject to the $100,000 fee.
Consular notification, port of entry or preflight inspection of new H-1B petitions filed and approved after the Proclamation effective date would be subject to the fee regardless of whether the beneficiary was inside the U.S. at the time of the H-1B filing.
Who IS NOT subject to the $100,000 payment?
Based on this new guidance, it appears that H-1B petitions filed after the Proclamation effective date and approved for a change of status (e.g., F-1 to H-1B), an extension of stay, amendment, or change of employer will not be subject to the Proclamation or the associated $100,000 fee.
This appears to be very positive news for graduating international students who will seek H-1B sponsorship after their studies as well as for Columbia-sponsored H-1B employees, if they are approved for a change of visa status to H-1B or are changing H-1B employers while inside the U.S.
The Proclamation seems not to apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to the Proclamation’s effective date.
In addition, the Proclamation appears not to prevent any holder of a current H-1B visa, or any H-1B beneficiary following petition approval, from traveling in and out of the United States.