USCIS Announces New H-1B Visa Fee Structure and Exceptions

Featured & Cover USCIS Announces New H 1B Visa Fee Structure and Exceptions

USCIS has announced new guidelines regarding the H-1B visa program, including a $100,000 fee for certain petitions starting September 21, 2025, along with specific exceptions.

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance concerning the Proclamation Restriction on Entry of Certain Nonimmigrant Workers. This proclamation, originally announced on September 19, is part of the administration’s ongoing reform of the H-1B nonimmigrant visa program.

Beginning at 12:01 a.m. Eastern Daylight Time on September 21, 2025, all new H-1B petitions must include an additional payment of $100,000 to be eligible for consideration. This requirement specifically targets petitions filed on behalf of beneficiaries who are outside the United States and do not currently hold a valid H-1B visa.

The new fee structure also applies to petitions that request consular notification, port of entry notification, or pre-flight inspection for individuals already in the U.S. If a petition is filed after the specified time and requests a change of status, amendment, or extension of stay, the $100,000 fee will be required if USCIS determines that the alien is ineligible for such changes. This could occur if the individual is not in a valid nonimmigrant status or if they leave the U.S. before their change of status request is adjudicated.

Importantly, the proclamation does not affect any H-1B visas that have already been issued and remain valid, nor does it apply to petitions submitted prior to the cutoff time. Holders of current H-1B visas, as well as beneficiaries of approved petitions, are not restricted from traveling in and out of the United States.

Furthermore, if a petition is filed after the deadline and requests an amendment, change of status, or extension of stay for an alien already in the U.S., the $100,000 fee will not apply if the alien is granted the requested changes. If such an alien subsequently departs the U.S. and applies for a visa based on the approved petition, they will not be subject to the payment requirement upon re-entry.

Petitioners must submit the $100,000 fee through pay.gov, adhering to the instructions provided on the platform. Payment should be completed before filing the petition with USCIS. Petitioners are required to provide proof of payment or evidence of an exception from the Secretary of Homeland Security when submitting the H-1B petition. Failure to include this documentation will result in denial of the petition.

Exceptions to the $100,000 payment can be granted by the Secretary of Homeland Security under rare circumstances. These exceptions are reserved for cases where the Secretary determines that the alien worker’s presence in the U.S. as an H-1B worker is in the national interest, that no American worker is available for the position, and that the alien does not pose a threat to national security or welfare. Additionally, it must be established that requiring the employer to make the payment would significantly undermine U.S. interests.

Employers who believe their worker meets these stringent criteria may request an exception by submitting their request and supporting evidence to H1BExceptions@hq.dhs.gov.

As the September 2025 deadline approaches, employers and potential H-1B petitioners should prepare for these changes and consider the implications of the new fee structure on their hiring processes.

Source: Original article

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