USCIS Releases Detailed Guidance on $100,000 H-1B Fee Under Presidential Proclamation

On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding the September 19, 2025 Presidential Proclamation introducing a $100,000 fee for certain H-1B petitions.

This update to the USCIS.gov website provides the most comprehensive information to date. Below is a summary of the key points and remaining questions.

What Has Been Confirmed?

The $100,000 fee applies to any H-1B petition filed after 12:01 a.m. EDT on September 21, 2025, if all of the following conditions are met:

• The beneficiary is outside the United States and does not hold a valid H-1B visa;
• The petition was filed with “consular notification” selected as the requested action on Form I-129; or
• USCIS approves the petition but denies a change or extension of status, or the beneficiary departs the U.S. while the petition is pending.

The fee will not be required for:

• Petitions filed before 12:01 a.m. EDT on September 21, 2025;
• Petitions where a Change of Status (COS), Extension of Status (EOS), or Amendment was the requested action and approved;
• Visa applications based on COS/EOS/Amendment approvals; or
• Admissions based on a new visa issued pursuant to an approved COS/EOS/Amendment petition or a currently valid H-1B visa.

National Interest Exceptions

Employers may request a National Interest Exception (NIE) by emailing H1BExceptions@hq.dhs.gov with supporting documentation. Exceptions may be granted only in extraordinarily rare circumstances where the Secretary of Homeland Security determines that:

• The H-1B worker’s presence is in the national interest;
• No qualified U.S. worker is available to fill the position;
• Requiring payment of the fee would significantly undermine U.S. interests; and
• The beneficiary does not pose a threat to U.S. security or welfare.

Note: USCIS has not yet clarified what evidence is needed to demonstrate the unavailability of U.S. workers—such as whether labor market data, unemployment rates, or industry-specific shortages will be considered sufficient.

Key Questions that Still Remain

• Visa Validity: Will a valid H-1B visa exempt subsequent petitions filed during its validity (e.g., for new employment or consular notification after September 21, 2025)?
• Scope of Exceptions: USCIS has only referenced NIEs for individual beneficiaries. No guidance yet on whether company-wide or industry-wide exceptions will be permitted, despite prior statements suggesting they may be.
• Processing Timeframes: No information has been provided on expected processing times for NIEs or whether expedited review will be available in urgent business situations.
• Review Process: It remains unclear who will review NIE requests or what training or criteria those adjudicators will follow.

How Versfeld & Hugo LLC Can Help

The implications of this new $100,000 H-1B fee are complex and highly fact-specific. At Versfeld & Hugo LLC, our team is available to provide individualized guidance on how these changes may affect your organization, your employees, or your immigration plans.

For tailored advice, please contact us at info@versfeldimmigration.com, visit www.versfeldimmigration.com, or call +1 816 891 8600.